Rules

OFFICIAL RULES
NO ADDITIONAL PURCHASE NECESSARY TO ENTER OR WIN.
VOID WHERE PROHIBITED BY LAW.
  1. Competition Description. The 2023 Masters of Craft Awards (“Competition”) is sponsored by Keeneland Mercantile LLC d/b/a Keeneland Mercantile, 120 West Main Street, Lexington KY 40502 (“Sponsor” or “Keeneland Mercantile”). This Competition recognizes the achievements of artisans or businesses located in the United States of America (the “U.S.A”) that manufactures or produces a product predominately from a location in the U.S.A (“American-made Product” or “Product”) that fits into one of the four (4) categories listed in Section 3 below. Entrants (“Entrant” “you” or “your”) will submit details on the story and origins of their business and submit an American-made product for consideration. Entries will be judged and voted on as provided in Section 7 below and the winning entries will eligible to win a Prize subject to these official rules (“Rules”).
  2. Competition Period. The Competition commences at 12:00 AM (ET) on January 5, 2023 and ends at 11:59 PM (ET) on February 5, 2023 (the “Competition Period”). Entries received after the close of the Competition Period will not be accepted.
  3. Eligibility. To be eligible to participate in the Competition, you must (i) be an individual who is at least 21 years of age or older as of February 5, 2023 and located in the U.S.A., or a business located in the U.S.A. that provides an individual contact on its Entry Form who is at least 21 years of age or older. For purposes of this Competition, an individual or business will be considered located in the U.S.A if they legally reside in the U.S.A or if they legally reside elsewhere but they are manufacturing or producing the Product predominately from a business location in the U.S.A. In addition, Entrant’s Product must fit in one of the following categories (collectively, the “Categories”), as determined by Sponsor in its sole and absolute discretion:
    - Food & Drink
    - Home Goods
    - Wears; or
    - Handmade

  4. Prize.  One (1) overall grand prize winner (“Overall Grand Prize Winner”) and one fan selected winner (“Patrons' Pick Winner”, and together with the Overall Grand Prize Winner, the “Winners”) will be selected in accordance with Section 7 below and will win the following prizes, subject to the other provisions of these Rules:
    - The Overall Grand Prize Winner will win $5,000, payable via cash, wire transfer, by certified check, or in other available funds (the “Grand Prize”); and
    - The Patrons' Pick Winner will win $1,000, payable via cash, wire transfer, by certified check, or in other available funds (“Patrons' Pick Prize”).

    The Winners and each of the Finalists (as defined below) will be featured in the Summer 2023 issue of Keeneland Magazine and in-store at Keeneland Mercantile (“Finalist Prize” and together with Grand Prize and the Patrons' Pick Prize, each a “Prize” and collectively, the “Prizes”). Size of write-up, product description and photo choice are all at Sponsor’s discretion. The odds of winning any Prize in the Competition depends on the number and quality of eligible Entries received by Sponsor.

  5. How to Enter. To enter, please visit http://www.keenelandmercantile.com (the “Site”) and submit the required application fee of $50.00 and complete all of the required fields of the Competition entry form (“Entry Form”) before the end of the Competition Period. As part of completing the Entry Form, you must upload up to three (3) photos of your Product which comply with these Rules (“Photos”) and acknowledge that you have read and agree to comply with these Rules and that all interpretations of these Rules by Sponsor are final in all matters relating to the Competition. Photos may be submitted in any of the following file formats: JPG, GIF or PNG. The Entry Form and the Photos together comprise the “Entry”. One Entry per Entrant will be accepted. Only fully completed Entries are eligible.
  6. Conditions of Entry.
    a.     General. By entering this Competition, you acknowledge that you are ready, able and willing to partake in media opportunities (including, but not limited to, interviews, photos, sound bites, video footage, and the sharing of the information in your Entry Form with third parties participating in such media opportunities) as required by Sponsor in connection with the Competition and ready, able and willing to continue to manufacture or produce the Product predominately from a location(s) in the U.S.A prior to April 30, 2023. Entries will not be returned or acknowledged.
    b. Product Qualifications. The Product that you submit for consideration into the Competition must be (i) American-made; (ii) fit into one of the four (4) Categories, as determined by Sponsor in it sole and absolute discretion, and (iii) the Product must be available for purchase online or by phone on or before April 30, 2023.

     In addition, the Product that you submit for consideration into the Competition may only be submitted into one (1) Category and must be your sole creative work and must not incorporate ideas or work of any other person or material that would require the consent of a third party in any jurisdiction or under any applicable law. The Product must not infringe or violate any trademark, copyright, publicity right, privacy or any other right of any other person or entity, under any applicable law. Sponsor is not responsible for any claims arising from an Entry, specifically including, but not limited to, claims for intellectual property infringement and privacy rights violations. By submitting an Entry, you represent and warrant to Sponsor that the Product, Entry, and everything depicted in the Photos are wholly original and do not infringe upon or otherwise violate any right of any person, entity, or any law, rule or regulation. Violation or breach of these representations or warranties may subject you to penalties and damages under applicable law and will result in disqualification from the Competition

    c. Photo/Content Restrictions. Neither the Photos nor the Product may contain any content that: (i) Violates or encourages the violation of any law, rule or regulation; (ii) Communicates messages or images inconsistent with the positive image or goodwill to which Sponsor wishes to associate; (iii) Defames, misrepresents or contains disparaging remarks about Sponsor or its products or other people, products or companies; (iv) Contains trademarks, logos or trade dress (such as distinctive packaging or phraseology) owned by any entity or anyone other than yourself; (v) Contains copyrighted materials owned by any entity (including photographs and other works of art or images) other than yourself; (vi) Contains any personal identification, such as personal names, street or email addresses, or phone numbers other than your own; (vii) Contains materials embodying the names, likenesses or other indicia identifying any person other than yourself or your Product, including, without limitation, celebrities and/or other public or private figures, living or dead; (viii) Promotes any particular political party, agenda or message; (ix) Is obscene or offensive, or endorses any form of hate or hate group; (x) Is explicit or sexually suggestive; (xi) Is unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or contains nudity; or (xii) Promotes illegal drugs or substances. Any Entry which contains Photos or a Product with any of the above, as determined by Sponsor in its sole and absolute discretion, will automatically will be disqualified. 
    d. Ownership and Intellectual Property Rights. By entering this Competition, you agree that Sponsor will solely and exclusively own all right, title and interest in and to the Competition Materials (as defined below), including without limitation all intellectual property rights to the Competition Materials. For the avoidance of doubt, this Section does not grant Sponsor ownership rights in the Product, only the Competition Materials. For purposes of this paragraph, “Competition Materials” include, to the extent applicable (1) any information and material, including the Photos submitted by you in connection with the Competition; and (2) subject to your rights in your personal data, the Entry Form and any other forms, documentation or releases required to be submitted by you for the Competition, whether submitted to Sponsor prior to or after the judging process. By submitting an Entry, you grant Sponsor permission to edit, modify, composite, scan, duplicate, or alter the Photos, in whole or in part, for any purpose which it deems necessary or desirable, without the need for any further remuneration or permission. You will take any and all further acts necessary to effectuate the intent of these Rules, including, without limitation, executing and delivering to Sponsor all such agreements, contracts and any other documents to confirm Sponsor’s ownership of the Competition Materials. Notwithstanding such ownership by Sponsor of all such rights, you expressly agree and acknowledge that Sponsor Entities shall not be responsible in any manner for any use of the Photos or the Product by any third parties and shall be under no obligation to protect or enforce any such rights in the Photos or Product.

  7. Judging Process.

    The Competition will consist of three (3) judging rounds.

    a. First Round. In the first round, the Entry Form, Photos, and a brief written description of the business and Product (no more than 250 words) will be judged by Sponsor on the basis of how well they represent the audience of Keeneland Mercantile.
    b. Second Round. Those Entries selected to advance to the second round will be judged by a panel  of local artisans and industry experts chosen by Sponsor (collectively, “Judges”). The Judges will select the finalists in each Category from the eligible Entries based on the following criteria:
    - The quality of craftsmanship and aesthetic design of your Product;
    - The audience for your product and the need it serves;
    - The degree of innovation and excellence in the respective Category entered; and
    - The degree of Entrant’s production capability.

    The eligible Entries will each be scored by the Judges. The sum of the scores of all the Judges will be deemed the score of the Entry. The Three (3) entries receiving the highest scores in each Category will advance to a final judging round.

    c. Final Judging Round – The twelve (12) Entries advancing to the final judging round (the “Finalists”) will be judged by Sponsor and the Judges based on the criteria outlined above.  The Entry with the highest score will be the Overall Grand Prize Winner. All decisions of Sponsor and the Judges are final and non-appealable. 
    d. Patrons' Pick Winner –The Finalists will also be eligible for selection as the Patrons' Pick Winner. The Patrons' Pick Winner will be chosen through an online vote that is open to the public during the period between March 5th through March 18, 2023, with the winner announced March 20, 2023. The Patrons' Pick Winner will be selected exclusively through tabulated votes.

  8. Winner Notification; Verification. Each of the Finalists and potential Winners will be notified via email at the address listed on their Entry Form or by telephone if they do not have an email address. Sponsor, at its sole discretion, may require any potential Winner(s) to execute and have notarized an Affidavit of Eligibility, a Liability Release, and where permitted, a Publicity Release, and such other documents as Sponsor, in its sole discretion, may require (collectively, “Prize Claim Documents”), within seven (7) days of the date specified on such notification, or the Prize may be forfeited. If Sponsor is unable to contact a Winner or Finalist within forty-eight (48) hours of initial notification; if the Prize Claim Documents are not returned within the time period provided; if a selected Winner or Finalist cannot accept or receive the Prize for any reason; or if he/she is not in compliance with these Rules, then such Prize will be forfeited, and an alternate Winner or Finalist may be determined at Sponsor’s sole and absolute discretion.

  9. General Prize Conditions. The Winner(s) and Finalists may not substitute, assign or transfer any Prize. All costs and expenses not specifically listed above, including, but not limited to, federal, state and local taxes, if any, incurred in connection with redemption of any Prize are the responsibility of the Winner(s) and the Finalists, as applicable. Sponsor shall have no responsibility or obligation to any Winner or Finalist who is unable to accept a Prize as described herein. Sponsor will not replace any lost, mutilated or stolen Prize or any Prize that is undeliverable or does not reach the Winner(s) or Finalist(s) for any reason, including, without limitation, because of incorrect or changed contact information. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TIMELINESS, ACCURACY AND NON-INFRINGEMENT.
  10. General Terms and Conditions of Entry. Entrants agree to these Rules and the decisions of the Sponsor Entities, and on their behalf, and on behalf of their respective heirs, executors, administrators, legal representatives, successors and assigns (“Releasing Parties”), release, defend and hold harmless the Sponsor Entities, as well as the employees, officers, directors and agents of each (“Released Parties”), from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive or exemplary damages, judgments, extent, executions, claims and demands whatsoever, in law or equity, whether known or unknown, foreseen or unforeseen, against Released Parties which any one or more of the Releasing Parties ever had, now have or hereafter can, shall or may have which in any way arise out of or result from entrant’s participation, acceptance and use or misuse of any prize.
    IN NO EVENT WILL ANY OF THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF THE COMPETITION, ACCESS TO, PROVISION OF OR USE OF THE PRIZE. EVERYTHING PROVIDED BY THE RELEASED PARTIES IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TIMELINESS, ACCURACY OR NONINFRINGEMENT.

    In the event Sponsor is prevented from continuing with the Competition as planned herein by any event beyond its control, including, but not limited to, fire, flood, hurricane, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), pandemic or epidemic, or any federal, state, or local government law, order, or regulation, or order of any court or other cause not within Sponsor’s control or concerns, Sponsor shall have the right to modify, suspend, extend or terminate the Competition without awarding the Prizes. Entrants assume all liability for any injury, including death or damage caused or claimed to be caused, by participation in this Competition or use or redemption of any Prize.

    Sponsor assumes no responsibility for incorrect or inaccurate Entry information whether caused by any of the equipment or programming associated with or utilized in this Competition or by any human error which may occur in the processing of the Entries in this Competition. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or servers on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, or any incomplete, lost, late, delayed, misdirected or garbled Entries or failure to receive Entries, including, without limitation, any injury or damage to you or any other person’s computer related to or resulting from participation or downloading any materials or software or attempts to participate in or download materials or software related to this Competition. Sponsor is not responsible for any typographical or other error in the printing of Competition, administration of the Competition, or in the announcement of the Prize and the Overall Grand Prize Winner, Patrons' Pick Winner  and Finalists.

  11.  GOVERNING LAW; DISPUTES. AS A CONDITION OF PARTICIPATING IN THE COMPETITION, YOU AGREE THAT ANY AND ALL DISPUTES WHICH CANNOT BE RESOLVED BETWEEN YOU AND SPONSOR AND/OR ANY OF THE COMPETITION ENTITIES AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE COMPETITION, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. SUCH DISPUTES SHALL BE RESOLVED BEFORE A STATE OR FEDERAL COURT LOCATED IN LEXINGTON, KENTUCKY, WHICH COURT SHALL APPLY THE LAWS OF THE COMMONWEALTH OF KENTUCKY WITHOUT REGARD FOR PRINCIPLES OF CONFLICTS OF LAW. YOUR ENTRY IN THE COMPETITION SIGNIFIES YOUR CONSENT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN LEXINGTON, KENTUCKY. FURTHER, IN ANY SUCH DISPUTE, UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN AWARDS FOR, AND YOU HEREBY WAIVE ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES, INCLUDING ATTORNEYS’ FEES, OTHER THAN YOUR ACTUAL OUT-OF-POCKET EXPENSES, AND YOU FURTHER WAIVE ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED. IN ADDITION, IN CONNECTION WITH ANY SUCH DISPUTE YOU WAIVE YOUR RIGHT TO A JURY TRIAL.

  12. Entries Subject To Privacy Policy. Any personal information you provide to Sponsor will be subject to Sponsor’s privacy policy, which is available at: https://www.keenelandmercantile.com/privacy-policy. In addition, by entering the Competition, you grant Sponsor permission to share any personally identifiable information it receives for the purpose of Competition administration and Prize fulfillment. Sponsor will not sell, rent, transfer or otherwise disclose your personal data to any third party other than as explicitly described in Sponsor’ s privacy policy.
  13. Winner(s) and Finalist(s) List. For the names of the Winners and Finalists, send a self-addressed stamped envelope as well as a note requesting the names of the Winner(s) addressed to: Keeneland Mercantile, 120 West Main Street, Lexington, KY 40507.
  14.  Miscellaneous. Any provision hereof prohibited by, or unlawful, or unenforceable under any applicable law of any jurisdiction shall as to such jurisdiction be ineffective without affecting any other provision or enforcement of these Official Rules. The provisions of these Official Rules are not intended to be for the benefit of, or enforceable by, any party other than Sponsor and entrants.  Except for Competition Entities and entrants, no party shall have any right to rely upon or enforce any of the terms and provisions of these Rules. Entrant shall not assign any rights contained herein.  The failure by one party to require performance of any provision of these Official Rules shall not affect that party’s right to require performance at any time thereafter, nor shall a waiver by one party of a breach by the other party be considered a waiver of any or all subsequent breaches by the breaching party. All rights and remedies provided in these Official Rules are cumulative and not exclusive of any other rights or remedies that may be available to the parties, whether provided by law, equity, statute, in any other agreement between the parties, or otherwise.