Dine by Design Official Rules

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NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCE OF WINNING. BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. THESE OFFICIAL RULES REQUIRE YOU TO AGREE TO ARBITRATE DISPUTES RATHER THAN GOING TO COURT, GRANT US CERTAIN RIGHTS AND LICENSES, PROVIDE US CERTAIN INDEMNITIES, WAIVE CERTAIN OF YOUR RIGHTS AND REMEDIES, AND LIMIT OUR LIABILITY AND OBLIGATIONS TO YOU. READ THEM CAREFULLY AND DO NOT PARTICIPATE IN THE PROMOTION IF YOU DO NOT AGREE.

1.     ELIGIBILITY: The Dine by Design Sweepstakes (the “Promotion”) is open only to legal residents of the 48 contiguous United States and the District of Columbia who are at least eighteen (18) years old and who have completed the on-site survey at Apartment Therapy and Pinterest’s Dine by Design event in November 2022 (the “Event”) and are present at the Event November 2 – November 13 (“Entrant(s)”). Employees of Apartment Therapy, LLC, any advertising, promotional, or other agencies involved in the creation, development, or administration of the Promotion, and any of its or their direct or indirect parent, subsidiary, and affiliate companies, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible to participate or win. Participation constitutes your full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning is contingent upon fulfilling all requirements set forth herein. Entry in the Promotion does not constitute entry into any other promotion, contest, or sweepstakes.

2.     SPONSOR: Apartment Therapy, LLC, 270 Lafayette Street, Suite 1300, New York, NY 10012.

3.     TIMING: The Promotion takes place during the Event only on the days noted in Section 1 above (the “Promotion Period”).

4.     HOW TO ENTER:  During the Promotion Period, visit an ambassador and complete the Dine by Design attendee survey, and submit the entry form via the ambassador’s iPad.  The entry form will include questions and will require you to share certain information including your email address.

LIMIT: Each Entrant may enter the Promotion only once. Multiple Entrants are not permitted to share the same email address. Any attempt by any Entrant to obtain more than one (1) entry will void that Entrant’s additional entries and that Entrant may be disqualified.  Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, which will be disqualified.  In the event of a dispute as to any entry, the authorized account holder of the email address used to enter will be deemed to be the entrant, but only if that person meets all other eligibility criteria for this Promotion. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.

As a condition of entering the Promotion, you consent to (i) Sponsor obtaining and delivering your name, address and other information to third parties for the purpose of administering the Promotion and complying with applicable laws, rules and regulations, (ii) the collection, storage and use of your personally identifiable information by Sponsor in accordance with its privacy policy, located at www.apartmenttherapy.com/about/privacy-policy, and as otherwise set forth herein, (iii) Sponsor’s Terms of Use, located at www.apartmenttherapy.com/about/terms, and (iv) the publication of your name and city as described hereunder should you be selected and confirmed as a Winner.  Any communication or information transmitted to Sponsor by electronic mail or otherwise is and will be treated as non-confidential and nonproprietary. Proof of submission is not considered proof of delivery to, or receipt by, Sponsor of such entry.

Entrants in the Promotion will be opted-in to receive future marketing communications from Sponsor and its parents, subsidiaries, divisions, affiliates, and marketing partners. Entrants can opt-out of receiving emails at any time by following the instructions in the emails, and opting-out does not impact the chances of winning.

5.     SELECTION AND VERIFICATION OF WINNER: One (1) winner will be selected randomly by Sponsor or its agency on or around November 17, 2022, from amongst all eligible entries received during the Promotion Period (each, a “Winner”).  Sponsor’s selection of the potential Winners (or alternates if necessary) is final, binding and conclusive in all matters relating to the Promotion.

Odds of winning depend on the number of entries received.

Each potential Winner is subject to verification by Sponsor and is not a winner unless and until that Entrant’s eligibility has been verified and Entrant has been notified that verification is complete.

Receiving the Prize is contingent upon compliance with these Official Rules.  The potential Winner will be required to execute certain documents, which may include, without limitation, an affidavit of eligibility, liability release, W-9 and, where imposing such condition is permitted, a publicity release (collectively, “Prize Claim Documents”).  If a potential Winner cannot be contacted, does not wish to accept the Prize, or fails to sign and return the Prize Claim Documents within the specified time period, that potential Winner forfeits the Prize and an alternate Winner will be selected by random drawing from among all other eligible Entrants.

6.     PRIZES:  One (1) Prize will be awarded.  The Prize consists of select items featured by one of the Dine by Design designers in the featured tablescape, namely: Two Fete Home Brass Tulip, Closed ($55 each; $110 total); Two Fetehome Brass Tulip, Open ($55 each; $110 total); Two sets of Misette Squiggle 5-Piece Cutlery Set in Matte Gold ($175 each; $350 total); Two Juliska Chloe Small Tumblers ($62 each; $124 total); Amalia Champagne Flute Set of 2 ($175); Two Amalia Light Body White Wine Glass ($78 each; $156 total); Two Jars Plume Dessert Plate  ($53 each; $106 total; Two Jars Plume Dinner Plates XL ($86 each; $172 total); 2 PJars Plume Fruit Cups/Salad Bowls ($50 each; $100 total); Annie Selke Brass Candle Holder Trio Set ($58 total); Haand Large Driftwood Vase ($125 total). Total ARV of the prize is $1,586.

Winner will be responsible for income tax based on the value of the Prize and may receive an IRS Form 1099.

The Prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsor.  No cash equivalent unless required by law and prize is non-transferable.  No substitution will be made except as provided herein at the Sponsor’s sole discretion.  Sponsor reserves the right to substitute a prize for one of equal or greater value if the Prize should become unavailable for any reason.

The manufacturers of the items included within the Prize (collectively, the “Prize Brands”) are not sponsors of this Promotion and are in no way responsible for its administration.

7.     RELEASE AND FORCE MAJEURE: By participating in the Promotion, you agree to be bound by these Official Rules, the privacy policy of Sponsor, located at www.apartmenttherapy.com/about/privacy-policy, and the decisions of Sponsor. By submitting an entry, you represent and warrant that all of the information provided as part of your entry is accurate, does not violate any third party’s legal rights (including, without limitation, rights of privacy and publicity) and otherwise does not violate applicable law.

By participating in the Promotion, you hereby agree to release and hold harmless Sponsor, ViralSweep, LLC, the Prize Brands, and each of their respective direct or indirect parents, subsidiaries, affiliates, related entities, suppliers, distributors, advertising/promotion agencies and each such company’s officers, directors, equity holders, employees, contractors, and agents (collectively, the “Released Parties”) from and against any and all losses, liability, illness, injury, claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt, possession, use or misuse of the Prize.

The Released Parties assume no responsibility for any damage to your, or any other person’s, computer system which is occasioned by participating in the Promotion, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or notifications, or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites or other connections, or for miscommunications, failed, jumbled, scrambled, delayed or misdirected computer, telephone or cable transmissions, or for any technical malfunctions, failures, difficulties or other errors of any kind or nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information.

In the event Sponsor is prevented from awarding the Prize or continuing with the Promotion as contemplated herein by any event beyond its control, including, but not limited to, fire, flood, natural or man-made disaster, epidemic, pandemic, or other public health emergency, 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) or any federal state or local government law, rule, regulation or order, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then, subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend or terminate the Promotion. If the Promotion is terminated before the end of the Promotion Period, Sponsor will (if possible) select the Winners in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination.  Inclusion in such drawing shall be each Entrant’s sole and exclusive remedy under such circumstances. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by duly authorized representatives of Sponsor.  The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

8.     PUBLICITY: Except where prohibited, participation in the Promotion constitutes Entrant’s consent to Sponsor’s and its agents’ use of Winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes worldwide, in perpetuity, in any and all media, manner, and formats now known or hereafter devised, without further payment or consideration.

9.     GENERAL CONDITIONS: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the Prizes to two randomly-selected Entrants from among all eligible Entrants up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules.  Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

10.  LIMITATIONS OF LIABILITY: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by any Entrant or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Promotion or receipt or use or misuse of the Prize. No more than the stated number of prizes will be awarded.

11.   CHOICE OF LAW:  These Official Rules shall be construed in accordance with the laws of the State of New York without regard to its conflict of laws rules. Any legal proceedings against Apartment Therapy that may arise out of, relate to, or be in any way connected with the Promotion or these Official Rules shall be brought exclusively in the state and federal courts of New York located in New York County and you hereby waive any jurisdictional, venue or inconvenient forum objections to such courts.

12.  DISPUTE RESOLUTION; BINDING ARBITRATION:  In this Section 12 and in Sections 13 and 14 below only, “we” and “us” are used to refer to you and Sponsor together.

A.  We each agree to first contact the other party with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with disputes by contacting us at the address provided in these Official Rules. We will contact you based on the contact information you have provided us.

B.  We each agree to finally settle all disputes (as defined and subject to any specific exceptions below) only by arbitration. In arbitration, there is no judge or jury and review is limited. However, just as a court would, the arbitrator must honor the terms and limitations in these Official Rules and can award the same damages and relief. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction. We each also agree as follows:

i.                “Disputes” are any claims or controversies against each other related in any way to the Promotion or these Official Rules – this includes claims you bring against our officers, directors, employees, partners, successors, agents, affiliates, subsidiaries and their related companies, and claims Apartment Therapy may bring against you.

ii. If either of us wants to arbitrate a dispute, we agree to send written notice to the other party providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. We will send notice to you based on the contact information you have provided us and notice to us must be sent to: Apartment Therapy, LLC, ATTN: Legal Department, 270 Lafayette Street, Suite 1300 , New York, New York 10012. We agree to make attempts to resolve the dispute. If we cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then we may submit the dispute to formal arbitration.

iii.  The FAA applies to these Official Rules and this arbitration provision. We each agree that the FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.

iv.  The arbitration will be administered by the American Arbitration Association (“AAA”) under its arbitration rules. If any AAA rule conflicts with these Official Rules, these Official Rules will apply. You can obtain procedures, rules and fee information from the AAA at 1-800-778-7879 or www.adr.org.

v.   The arbitration will be conducted by a single neutral arbitrator and will take place in New York, New York. The federal or state law that applies to these Official Rules will also apply during the arbitration.

vi.  We each agree not to pursue arbitration on a classwide basis. We each agree that any arbitration will be solely between you and us (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the dispute must be brought in court in the state or federal courts located in New York County.

vii. The prevailing party in the arbitration will be entitled to recover its costs and expenses, including reasonable attorneys’ fees and experts’ fees, which are incurred in connection with the arbitration.

C.  Either of us may bring qualifying claims in small claims court.

13.   NO CLASS ACTIONS:  TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

14.   NO TRIAL BY JURY:  TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

15.   WINNER LIST: For the Winner’s name, please send a hand-printed, self-addressed and stamped envelope to Apartment Therapy, LLC, 270 Lafayette Street, Suite 1300, New York, NY 10012, Attn:  Dine by Design Sweepstakes Winner List after Winners have been verified.