OFFICIAL RULES FOR THE FOOD NETWORK & COOKING CHANNEL NEW YORK CITY WINE & FOOD FESTIVAL SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN.
VOID WHERE PROHBITED BY LAW. ONLINE ENTRY ONLY AND INTERNET CONNECTION REQUIRED.
BY ENTERING THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING.
1. Introductory Terms and Rules. These official sweepstakes rules (the "Official Rules") govern all aspects of the Food Network & Cooking Channel New York City Wine & Food Festival Sweepstakes (the "Sweepstakes"). The Sweepstakes will consist of one drawing. At the drawing, one entrant will be chosen to receive the prize to be awarded. Please note, as set forth in the Official Rules, that the Sweepstakes may be terminated before the final drawing is held. Apartment Therapy, LLC ("Apartment Therapy") is the sponsor and contest administrator of the Sweepstakes and is solely responsible for enforcing the Official Rules and for awarding the prize. The Sweepstakes is void where prohibited by law or where the conduct of the Sweepstakes requires registration or the presentment of any bond before any state or local regulatory authority.
2. Eligibility. The Sweepstakes is open to any person who is at least 21 years of age and of the age of majority in his/her jurisdiction of residence, who is a legal resident of the United States, who has access to an active email account and who is a registered user of the Apartment Therapy website (an "Entrant"). To become a registered user of the Apartment Therapy website, please visit //community.apartmenttherapy.com/signup. Employees of Apartment Therapy and Food Network & Cooking Channel New York City Wine & Food Festival Smarter Travel Media, LLC, Gothamist and Thrive Market (the "Prize Provider"), and their respective parent entities, affiliates, subsidiaries, prize suppliers, distributors and advertising and promotion agencies (collectively, the "Sweepstakes Entities"), and their immediate families (spouse, domestic partner, parent, legal guardian, child, sibling and their respective spouses, regardless of where they reside) or those living in the same households, whether or not related are not eligible to enter the Sweepstakes.
3. How to Enter the Sweepstakes. The Sweepstakes will start at 10:15 a.m. eastern standard time ("EST") on August 24, 2016 and will end at 11:59 p.m. EST on September 19, 2016 (the "Sweepstakes Period"). By participating in the Sweepstakes, each Entrant unconditionally accepts and agrees to comply with and abide by the Official Rules and the decisions of Apartment Therapy, including the interpretation of the Official Rules and its exercise of discretion, which will be final and binding in all respects. There is one (1) method of entry for this Sweepstakes:
Online Entry: To enter the sweepstakes, during the Sweepstakes Period, visit (Link to Sweepstakes) and follow the instructions to enter. Each Entrant will be asked to submit an official entry form, which may include, among other things, his/her full name, address, email address, gender, date of birth and related registration information as prompted. Entrant must complete and submit the entry form with all required information during the Sweepstakes Period to be eligible. By entering the sweepstakes, you agree to sign up to receive newsletters from Apartment Therapy, LLC, Food Network & Cooking Channel New York City Wine & Food Festival, Smarter Travel Media, LLC d/b/a BookingBuddy, Gothamist LLC, and Thrive Market. Any requested opt-in consent is not required to enter the Sweepstakes and will not increase your chances of winning.
Entrants may enter the Sweepstakes only once during the Sweepstakes Period. Duplicate entries will be discarded. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and will be disqualified. In the event of a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Apartment Therapy's satisfaction, the affected entry will be deemed ineligible. For purposes of this Sweepstakes, an on-line entry is "received" when Apartment Therapy's servers record the entry information. Proof of sending (such as an automated computer receipt confirming entry or "thanks for entering" message) does not constitute proof of actual receipt of an entry for purposes of this Sweepstakes. Apartment Therapy's database clock will be the official time keeper for the Sweepstakes. Illegible and/or incomplete entries and entries submitted by Entrants who do not meet the eligibility requirement (including all requirements with respect to age and residence) are void. Those who do not follow all of the instructions, provide the required information in the entry form or abide by these Official Rules or other instructions by Apartment Therapy may be disqualified.
4. Winner Selection and Prize Claiming. No later than September 21, 2016, one Entrant will be chosen at random from all entries received during the Sweepstakes Period. The odds of winning depend on the number of eligible entries received. Apartment Therapy will have complete discretion over interpretation of the Official Rules, of administration of the Sweepstakes and of selection of the winner. Decisions of Apartment Therapy as to the selection of the winner will be final. An email will be sent to the potential winner informing him/her of his/her prize. Notification is deemed to have occurred immediately upon sending of an email. To claim the prize, the winner must (a) provide proof of winner's age, residency and legal status and (b) sign and return a notarized Affidavit of Eligibility and Liability/Publicity Release (an "Affidavit/Release") in the form provided by Apartment Therapy, as well as any other documents that may be required by Apartment Therapy, all of which must be received fully-executed within five (5) business days of notification. If a potential winner fails to provide the required proof and Affidavit/Release within the time period required under the Official Rules, then Apartment Therapy will select an alternate potential winner who must comply with the Official Rules to receive the prize. Apartment Therapy is not responsible for false, incorrect, changed, incomplete or illegible contact information. Return of any prize notification as undeliverable will result in disqualification and selection of an alternative winner.
5. Prize and Approximate Retail Value. A total of one (1) prize will be awarded in this Sweepstakes. The winner of the Sweepstakes will receive the following prize package:
- Admission for two (2) to five (5) events during the 2016 Food Network & Cooking Channel New York City Wine & Food Festival on Thursday, October 13 – Sunday, October 16, 2016. Includes tickets to the following events. Tickets are non-transferrable or exchangeable for any other event.
•Barilla's Italian Table presented by Alfa Romeo hosted by Giada De Laurentiis, Thursday, October 13
•Blue Moon Burger Bash presented by Pat LaFrieda Meats hosted by Rachael Ray, Friday, October 14
•Harvest Party hosted by Katie Lee and Marcela Valladolid part of LOCAL presented by Delta Air Lines, Saturday, October 15
•Rooftop Chopped, Saturday, October 15
•Grand Tasting presented by ShopRite featuring Samsung® Culinary Demonstrations presented by Mastercard®, Sunday October 16
•Round-trip coach airfare for two (2), from a major airport nearest winner's residence, as determined by the Sponsor
•Hotel accommodations for four days (4) days/three (3) nights' in a single room, double-occupancy at Hudson hotel, 358 West 58th Street on October 13, 14 and 15, 2016. Room is non-transferrable.
The Approximate Retail Value ("AVR") of the prize is $4,500. The decision of Apartment Therapy as to the eligibility of Entrants and as to the awarding of the prize shall be final. Apartment Therapy is solely responsible for these decisions; Food Network & Cooking Channel New York City Wine & Food Festival in its capacity as the entity supplying the prize, shall have no responsibility or liability for these decisions whatsoever. The prize will be sent to the winner at the address he/she provides. Prizes may not be assigned to third parties. Apartment Therapy is not responsible for delays in delivery of the prize. The winner shall bear all risk of loss to the prize after it has been processed for delivery. Apartment Therapy is not under any obligation to provide the winner with any other substitute prize. Apartment Therapy reserves the right to substitute a prize of equal or greater value without notice. The winner will be solely responsible for all Federal, state and local taxes, registration fees, license fees and other costs associated with winning a prize.
6. Prize Conditions: All expenses related to the acceptance or use of the prize is the sole responsibility of prize winner. All travel related expenses including but not limited to ground transportation to and from home and Festival events, taxes, gratuities, incidentals, upgrades, insurance, service charges, airport surcharges, luggage fees, departure taxes, resort or property fees, food & beverage and personal expenses such as telephone/Internet charges, and gift shop purchases are the sole responsibility of prize winner. Winner and travel companion must travel on same itinerary. Winner and travel companion must have valid photo ID and any other required documentation. Prize must be used on dates specified or prize will be forfeited. Travel non-transferrable. Dates are subject to change.
Travel is subject to availability. Trip is only available on dates specified by the Sponsor.
All hotel reservations are based on availability and holidays may be excluded. Accommodations are subject to availability at time of reservation. Blackout dates, advance booking requirements and travel restrictions may apply. Availability is subject to factors such as weather, seasonality and space availability. Reservations are subject to availability. If weather affects the ability for winner and his/her guest to redeem any portion of prize during the scheduled date and time, then the Sponsor shall have no further obligation to the winner and/or guest other than to supply the remaining elements of the prize package minus the unused portion of prize. If for any reason whatsoever, winner and/or guests are unable to travel after all travel arrangements have been made and paid, the Sponsor shall have no further obligation to the winner. In the event Grand Prize winner's home is in close enough proximity to trip destination, Sponsor may determine in its sole discretion that a flight is unnecessary, and the prize will not include air transportation and no other substitution or compensation will be provided in lieu thereof. If Grand Prize is forfeited prior to Sponsor finalizing and paying for travel, and there is sufficient time to notify an alternate winner, the prize will be awarded to an alternate winner in a separate random drawing from among all non-winning eligible entries. Grand Prize winner and guest are responsible for obtaining the proper travel documentation (e.g., valid photo ID) prior to travel. Grand Prize winner's guest must be legal U.S. resident, 21 years of age or older and must complete and return a Travel Companion Liability Release prior to travel as noted above.
In the event the prize winner or his/her guest engages in behavior that, as determined by the Sponsor and in its sole discretion, is obnoxious or threatening, illegal, or that is intended to annoy, abuse, threaten or harass any other person, the Sponsor reserves the right to terminate the trip prize in whole or in part, with no further compensation.
Prizes are not redeemable for cash, except at the sole discretion of the Sponsor. Prizes are non-assignable or transferable, except to a surviving spouse. No substitution is permitted except if prize or prize component is unavailable, in which case a prize of equal or greater value will be awarded. Any other incidental expenses on prize not specified herein are the sole responsibility of each winner. Once the prize has been delivered to the winner's residence, the prize is considered awarded.
Except where prohibited by law, entry and acceptance of prize constitute permission to use each winner's name, prize won, hometown, likeness for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.
Winner acknowledges that the Sponsor and all other businesses affiliated with this Sweepstakes and their agents do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of the prize being offered, except that any merchandise prize shall be subject to its manufacturer's standard warranty (if any and if applicable).
8. List of Sweepstakes Winners/Official Rules. For results of the Sweepstakes and/or a copy of these Official Rules, please send a hand-printed, self-addressed and stamped envelope to Apartment Therapy, LLC, 270 Lafayette Street, Suite 1300, New York, New York 10012, Attn.: Audience Development Giveaway. Please indicate which sweepstakes results or official rules you are requesting. A winner's list may also be posted on ApartmentTherapy.com. Requests must be received no later than thirty (30) business days following the last day of the Sweepstakes Period.
9. General Provisions By entering the Sweepstakes, each Entrant agrees to waive any right to claim any ambiguity or error in the Official Rules, or in the Sweepstakes itself, and agrees to be bound by the Official Rules and by all decisions of Apartment Therapy, which decisions will be binding and final in all respects. Apartment Therapy may modify or suspend all or any portion of the Official Rules by posting a notice on the Apartment Therapy website. Any delay or failure by Apartment Therapy to seek enforcement of any term of the Official Rules shall not constitute a waiver of any such provision of the Official Rules. The Sweepstakes Entities shall not be responsible for entries that are late, destroyed, incomplete, lost, misdirected, forged, damaged, mutilated, tampered with or that are otherwise not in compliance with the Official Rules The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provision will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. If, for any reason, the Sweepstakes is not capable of running as originally planned, Apartment Therapy, in its sole and absolute discretion, reserves the right to cancel, suspend or modify the Sweepstakes or any portion(s) thereof. All applicable Federal, state and local laws, rules and regulations shall apply to the Sweepstakes.
Any attempt by a person to deliberately damage any website or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil law. Should such an attempt be made, Apartment Therapy reserves the right to seek damages from any such Entrant to the fullest extent permitted by law and to disqualify such person from the Sweepstakes.
10. Arbitration and Choice of Law. Except where prohibited by law, as a condition of participating in the Sweepstakes, each Entrant agrees that: (i) any and all disputes and causes of action arising out of or connected with the Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office located in New York City; (ii) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (iii) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will an Entrant be permitted to obtain awards for, and each Entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than such Entrant's actual out-of-pocket expenses (i.e., costs associated with entering the Sweepstakes), and Entrant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of contestants and Apartment Therapy in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the substantive laws of the State of New York without regard to New York choice of law rules.