The Pei Wei Blogger Search (“Search”) is open to individuals who are legal residents of the 50 United States or the District of Columbia ("Territory") who are at least 21 years of age who meet the criteria listed in these terms and conditions. Employees of Pei Wei Asian Diner, Inc. (“Pei Wei”) or P.F. Chang’s China Bistro, Inc., are not eligible to apply. The Search is governed by U.S. law. Search is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. ALTHOUGH PEI WEI HOPES TO SELECT THE PEI WEI BLOGGER FROM THIS SEARCH, PEI WEI IS USING THIS SEARCH TO ASSIST IT IN SELECTION PROCESS AND DOES NOT GUARANTEE THAT THE SEARCH IS THE ONLY VEHICLE FOR ITS SELECTION OR THAT ONLY AN APPLICANT WILL BE THE INDIVIDUAL SELECTED.
2. Pei Wei Blogger Search
Pei Wei is looking for the ultimate Pei Wei Blogger ("Pei Wei Blogger") who will provide his/her services as an independent contractor for approximately a three month period of time and participate in an international trip as Pei Wei’s international correspondent. As Pei Wei's international correspondent, the Pei Wei Blogger will be responsible for writing two to three blog posts per day updating readers on the following topics: travel adventures, dining experiences and local culture. In addition, the Pei Wei Blogger will post at least five photos per day of local cuisine, attractions and scenery and at least two video clips per day featuring interviews with Pei Wei’s chef, local chefs and residents, bloggers voiceovers and other media and publicity events. Applicants must exhibit the following traits and attributes (collectively, the "Criteria") and meet the following requirements ("Requirements"):
- An Adventurous spirit
- A healthy appetite and willingness to experiment with foreign flavors
- A taste for the unknown
- At least moderate travel experience
- A sense of humor
- Strong writing, photography and videography skills
- Tech-savvy, including the ability to upload photos, videos and blog posts
- Comfort in front of and behind the camera
- Good physical health, as evidenced by a physician's statement
- A valid passport that does not expire before 12/2011
- No criminal record and application must agree to a background check
- Must be able to leave the country and travel for up to three weeks on dates determined by Pei Wei presently scheduled for March 2011
Applicants must be willing to sign Pei Wei’s Independent Contractor Agreement to provide services to Pei Wei for approximately a three month period, provide any necessary documents to evidence the Requirements, travel to Pei Wei’s headquarters in Scottsdale, Arizona, as needed, and embark on a trip for Pei Wei in March of 2011 presently planned to include travel to China, South Korea, Japan, Vietnam and Thailand (the "Territories").
3. How to Apply
To apply to participate in the Search, you must first register at www.peiwei.com/blogasia ("Site") by providing your name, address, email address, date of birth, and phone number. Then submit a brief bio (max 1,000 characters), at least 1 and up to 5 blog submissions (max 5,000 characters each) – at least one about your review of a Pei Wei menu item or another Asian dish (“Blogs”) and 1 to 5 photos taken by applicant to demonstrate his/her ability to take photos of food and landscape/scenes (“Photos”). Although optional, you may also provide a link to a video (no longer than 5 minutes) demonstrating the applicant narrating a dining experience and/or conveying why the application should be selected as the Pei Wei blogger (“Optional Video”). The Blogs, the Photos and the Optional Video are collectively referred to herein as the “Submission”. To be eligible for the Search, all Submissions must be received between 12:01 AM, Eastern Time ("ET") on 11/11/10 and 11:59 PM EST on 12/20/2010 (the "Search Period"). All Submissions become Pei Wei’s property and will not be returned or acknowledged. Only one (1) Submission per person. Duplicative Submissions for a single individual will be disqualified.
4. Requirements for Submissions
Each applicant represents and warrants: (i) that his/her Submission, and all elements thereof, is the original creation of the applicant and does not incorporate materials not owned or created by applicant, is not copied from any other work and does not infringe upon the rights of any third party and applicant owns all right, title and interest to the Submissions, except to the extent any elements thereof are in the public domain or to the extent any elements of the Submission is owned or were created by a third party (e.g. a person helped you shoot the Photos or Optional Video) ("Third Party Participant(s)"), identifiable people are depicted therein (no more than 3 identifiable people, including yourself are permitted to be depicted) (“Identifiable Individual(s)”); (ii) the applicant has obtained permission from said Third Party Participants or Identifiable Individuals to grant the rights granted herein ("Clearances"); (iii) that the Submission or any element thereof, has not been previously published, has not won previous awards and was created in a legal and safe manner, (iv) that the Submission is free and clear of any liens, conflicting contractual rights or other claims with respect to its use in the manner authorized herein, (including, but not limited to the right to record and/or publish); (v) that use by Pei Wei of the Submission as granted herein will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights or interests of any third party, or give rise to any claims for any payment whatsoever, including but not limited to claims for re-use fees or residuals, and (vi) that the Submission is not and will not be defamatory, trade libelous, pornographic or obscene. In the event that a Third Party Participant or Identifiable Individual has not reached the age of majority in the state in which they reside ("Minor"), the Clearance must be signed by a parent or legal guardian. NO MUSIC IS PERMITTED IN ANY OPTIONAL VIDEO.
Submissions must comply with the following:
- Submissions must be original and cannot contain copyrighted works depicted therein created or owned by any person or entity unless you have obtained owner's permission to use such works through Clearances;
- Blogs must be wholly original and written entirely by you;
- Submissions cannot depict more than 3 Identifiable Individuals, including yourself, and if there are any Identifiable Individuals, other than yourself, you need to receive Clearances from those Identifiable Individuals to appear in the Submissions;
- Submissions may contain a link to the Optional Video, which cannot exceed 5 minutes in length;
- The file format of the Video must be AVI, MOV, WMV, MP4, MPEG, FLV, 3GP, and 3G2 and be under 100GB and cannot exceed 10 minutes in length;
- Blogs cannot exceed 5,000 characters;
- Optional Video cannot contain any music;
- Submissions must not contain any brands or trademarks of any other product or service (including clothing items bearing designer insignia, logos) other than the Pei Wei brand;
- Submissions do not defame or otherwise violate the rights of any third party;
- Submissions are not offensive, sexually suggestive, violent, racial, profane, slanderous or contrary to the interests of the Search or Pei Wei, as determined in the sole discretion of Pei Wei;
- Each Blog and Optional Video must be in the English language (with the exception of single words or short terms from other languages which are permissible as long as their meaning is evident in the sole discretion of Pei Wei);
- Submissions cannot contain or mention the name or likeness of any celebrity or public figure, living or dead;
- Submissions cannot contain visible phone numbers, website links-mail addresses or license plate numbers;
- Submissions cannot contain nudity or any depiction of real or simulated sexual acts; violence; depict or encourage illegal acts; unsafe actions, that could result in personal injury or destruction of property profanities, vulgar language, lewd behavior, or be otherwise obscene or inappropriate for a general audience as determined in the sole discretion of Pei Wei;
- Submissions cannot violate anyone's privacy rights, violate any confidentiality or employment agreement, or be defamatory;
- Submissions cannot be derogatory to any person or group of people, Pei Wei, or any affiliated entity or person or discriminatory based on race, religion, national origin, physical disability, age, sex, or sexual orientation or preference;
- Submissions must not contain any computer virus, worm or other harmful computer programming or thing;
Submissions which do not conform to these Submission Requirements will be disqualified. Pei Wei further reserves the right, in its sole and unfettered discretion, to verify at any time during the Search that all necessary Clearances have been obtained and to disqualify and remove any Submission if it believes that the necessary Clearances have not been obtained. Should any Clearance received not be in an acceptable format, Pei Wei may elect to provide a release form, which must be completed and returned prior to Pei Wei's requested date. By submitting a Submission applicant agrees to indemnify and hold harmless Pei Wei, its officers, directors, employees, divisions, affiliates, subsidiaries, vendors, agents, advertising and promotional agencies, from any claim by any third party relating to any rights in the Submission. Once Submissions are received they cannot be modified or edited.
5. License to Submissions
Applicants retain ownership to the Submissions they submit, however, by entering each applicant grants Pei Wei and any organizations affiliated with the sponsorship, administration, advertisement or promotion of the Search, the perpetual, fully-paid, irrevocable, non-exclusive license to reproduce, prepare derivate works of, distribute, display, exhibit, transmit, broadcast, televise, digitize, otherwise use, and permit others to use and perform throughout the world the Submission, and any elements thereof, in any manner, form, or format now or hereinafter created, including on the internet, and for any purpose, including, but not limited to, advertising or promotion of Pei Wei and the Search all without further consent from or payment to you or any other person or entity. Submissions may be published and posted online but you agree that Pei Wei has no obligation to post or publish your Submission and that all such postings or publication, if any, will be in Pei Wei’s sole discretion and that the posting or publication of a Submission has no bearing on whether the applicant will be the Pei Wei Blogger selected. Applicant further agrees to waive any moral rights in the Submission.
6. Selection of Pei Wei Blogger
All Submissions will be reviewed by Pei Wei based on the applicants’ Submissions evidencing the applicant meeting the Criteria listed above. The 5 finalists will be determined on or about 1/7/11. The top 5 finalists will then be interviewed by Pei Wei and its representatives and the finalists may be asked to provide subsequent materials at that time. If after the interview process no finalist is selected, Pei Wei reserves the right to select other applicants or to select the Pei Wei Blogger from any other source. Pei Wei hopes to name its Pei Wei Blogger on or about 1/19/11.
7. Notification of Finalists
The five finalists will be notified by email, mail and/or phone on or about 1/7/11 and must sign and return to Pei Wei a consent form granting Pei Wei permission to conduct a background check, including, in Pei Wei’s sole discretion and without limitation, checks of employment history, driving record, criminal background, civil litigation and/or a credit check as a condition to being considered further in the Search within three (3) days of the date of the notification; otherwise their opportunity to move forward in the Search will be forfeited. Finalists may also be required to provide references. In order to be named the Pei Wei Blogger the applicant will have to be willing to accept and execute Pei Wei's Independent Contractor Agreement (the “Independent Contractor Agreement”), which will be provided to the applicant prior to the time the engagement is decided. The Pei Wei Blogger who is selected will be paid $10,000 for his/her services, subject to the terms of the Independent Contractor Agreement. The engagement will run from approximately February 2011 to May 2011, with possibility of extension. The Pei Wei Blogger will work closely with Pei Wei's staff in Arizona to promote and train regarding the Pei Wei brand prior to embarking on a trip in March 2011 to visit the Territories. The terms and conditions of such Independent Contactor Agreement shall be as specified in the agreement and will require that the Blogger's work product is a work for hire during the engagement.
Pei Wei reserves the right, in its sole discretion, at any time and at any stage of the search or judging process, to reject or disqualify any Submissions that are deemed ineligible or for any reason that Pei Wei feels is necessary and/or appropriate, including without limitation, if the applicant has not complied with the terms and conditions or has interfered, in Pei Wei’s sole opinion, with the proper conduct of the Search. The posting of Submissions, or any portion thereof, does not have any effect on the selection process. All decisions of Pei Wei are final and binding in all aspects of the Search. By participating, applicant agrees on his/her behalf, and on behalf of his/her respective heirs, executors, administrators, legal representatives, successors and assigns (collectively, the "Releasing Parties") to release, defend, and hold harmless Pei Wei and its affiliates and subsidiaries and any advertising and promotional agencies or entities involved in the administration or advertising of this Search as well as the employees, officers, directors and agents of each ("Released Parties") from any and all actions, causes of actions, suits, or liability whatsoever for loss, harm, damage, injury, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive or exemplary damages, judgments, costs or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with participation in the Search, or for any claims based on publicity rights, defamation or invasion of privacy. The Released Parties shall not be liable for: (1) late, lost, delayed, stolen, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible Submissions, (2) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (3) data corruption, theft, destruction, unauthorized access to or alteration of Submissions or other materials; (4) any injuries, losses or damages of any kind caused by the participation in the Search; or (5) any printing, typographical, administrative or technological errors in any materials associated with the Search. Pei Wei disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Search. Pei Wei reserves the right, in its sole discretion, to cancel, modify or suspend the Search in its sole discretion and has no obligation to select a Pei Wei Blogger from this Search. If Pei Wei decides that there are an insufficient number of qualified Submissions, Pei Wei may select a different number of finalists and/or cancel the Search entirely. Pei Wei may disqualify any applicant if, in its sole discretion, it determines s/he is attempting to undermine the legitimate operation of the Search by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other applicants or Pei Wei, or its representatives and Pei Wei reserves the right, in its sole discretion, to require an applicant to submit to a confidential background check to confirm eligibility and to help ensure that the use of the applicant in advertising and publicity for the Search or Pei Wei will not bring Pei Wei, or anyone else, into public disrepute, scandal or ridicule or reflect unfavorably on Pei Wei. If Pei Wei at any time receives a complaint (including but not limited to a cease and desist letter, general letter of complaint etc.) alleging intellectual property infringement or any violation of any third party rights of any Blog, Photo or Optional Video, Pei Wei reserves the right to disqualify the applicable Submissions. Pei Wei shall not be responsible if the Search does not take place for any reason including delays or interruptions due to acts of God, acts of war, strikes, governmental action, natural disasters, weather or acts of terrorism, including without limitation, or for any reason outside of Pei Wei’s control. By participating, applicants acknowledge that Pei Wei, does not waive any rights to use similar or related ideas that might be contained in any Blog, Photo or Optional Video which was previously known to Pei Wei, or developed by their respective employees, or obtained from sources other than the applicant, or rights to use similar or related ideas without any restriction whatsoever, or further obligation to applicant. Any and all legal actions or claims arising in connection with the Search will be governed by the laws of the State of Arizona, U.S.A. Any action or litigation concerning this Search shall take place exclusively in the federal or state courts sitting in Maricopa County, Arizona, and each applicant expressly consents to the jurisdiction of and venue in such courts and waives all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Any and all disputes, claims, and causes of action arising out of or in connection with the Search, shall be resolved individually, without resort to any form of class action. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THE SEARCH. BY PARTICIPATING, APPLICANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF APPLICANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE PEI WEI’S SITE OR UNDERMINES THE LEGITIMATE OPERATION OF THE SEARCH MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION. SHOULD SUCH AN ATTEMPT BE MADE, PEI WEI RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.