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Top Chef 8 Fan Favorite Rules
Official Rules
March 2, 2011 – March 24, 2011
NO PURCHASE OR TEXT MESSAGING NECESSARY TO ENTER OR WIN. PURCHASE OR TEXT MESSAGING WILL NOT IMPROVE CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
PRELIMINARY INFORMATION: You will be charged ninety-nine cents ($.99) for every text message you send to purchase ten (10) Bravo Bucks and vote to enter the Top Chef 8 Fan Favorite Voting Sweepstakes (the “Sweepstakes”). In addition,data and messaging rates and terms and conditions apply to each text message sent or received and the Sweepstakes may not be available on all service providers or on all mobile devices (contact your carrier for pricing plans and details). You can vote for free by entering online or via Twitter (as described below). Text message participation is not available to residents of Georgia, Ohio, and Tennessee. Residents of Georgia, Ohio, and Tennessee may only participate at http://www.bravotv.com/live-vote/top-chef/fan-favorite (the “Website”) and via Twitter. Odds of winning depend on the total number of eligible Entries (defined below) received during the Sweepstakes Period (defined below). Sweepstakes is subject to all applicable federal, state and local laws and regulations.
SPONSORS: The sponsors of the Sweepstakes are Bravo Media LLC (“Bravo”) and NBCUniversal Media, LLC, both at 30 Rockefeller Plaza, New York, NY 10112 (collectively referred to herein as the “Sponsors”).
SWEEPSTAKES PERIOD: The Sweepstakes begins at 10:00 PM ET on March 2, 2011 and ends at 12:00 PM ET on March 24, 2011 (the “Sweepstakes Period”). All times in the Sweepstakes refer to Eastern Time (“ET”).
ELIGIBILITY: The Sweepstakes is open only to permanent, legal residents who are located and residing in one (1) of the forty-eight (48) contiguous United States (“U.S.”) or the District of Columbia (excluding Alaska, Hawaii, Puerto Rico, Guam, the U.S. Virgin Islands and all other U.S. territories and possessions) and who are eighteen (18) years of age or older and the age of majority in their state of residence as of the start of the Sweepstakes Period. Entrants must have a valid U.S. Social Security Number or a valid U.S. personal tax identification number. Officers, directors, and employees of Sweepstakes Entities (as defined below), members of these persons’ immediate families (spouses and/or parents, children, and siblings, and their spouses, regardless of where they reside), persons living in the same households as these persons (whether or not related thereto), and/or talent and participants who are participating in or who have participated in the current cycle of the series Top Chef Season 8 (the “Show”) are not eligible to participate or win the Sweepstakes. Sweepstakes Entities, as referenced herein, shall include Sponsors, The Mission Productions, Magical Elves, Inc., Single Point, Toyota Motor Sales, U.S.A., Inc., and any and all advertising and promotion agencies or administrators involved with this Sweepstakes. By entering the Sweepstakes, all entrants are bound by and agree to these Official Rules.
HOW TO ENTER: To enter during the Sweepstakes Period, watch the first run episode of the Show starting March 2, 2011 at 10:00 PM ET on Bravo (check with your local cable provider for exact time and details) and look for a sweepstakes spot invitation (“Sweepstakes Spot Invitation”), which will invite viewers to vote (“Vote”) for his or her favorite contestant (“Contestant”) on the Show (“Fan Favorite”). Voting will require you to submit the name of the Contestant that is your Fan Favorite. There are four (4) ways to vote and enter:
1. To purchase Bravo Bucks and vote and enter by text message with your mobile device: If you have a text messaging capable mobile device from a participating carrier, you can 1) purchase ten (10) Bravo Bucks for ninety nine cents ($.99) (see details below), 2) Vote for your Fan Favorite, and 3) enter the Sweepstakes by sending a text message that includes your Vote for Fan Favorite during the Sweepstakes Period to a short code announced during the Sweepstakes Spot Invitation (the text message and short code will also be posted on the Website) (“Text Entry”). A premium text message charge of ninety-nine cents ($.99) will apply to all Text Entries. In addition, data and message rates apply to the Text Entries and all other text messages sent and received in connection with the Sweepstakes. You will receive a text message that includes either: (i) a confirmation that the Text Entry was been received and a numeric code (“Premium Code”) that may be redeemed for Bravo Bucks on http://www.bravotv.com/bucks; or (ii) an error message noting that the Text Entry was not received. For more information on how and when to redeem your Premium Code, please see the section “Redeeming your Premium Code” below. For each Text Entry submitted during the Sweepstakes Period, you will receive ten (10) Bravo Bucks, one (1) vote for your Fan Favorite, and one (1) Entry into the Sweepstakes. Limit twenty (20) Text Entries per person or phone number during the Sweepstakes Period. Please use caution and do not drive while entering the Sweepstakes. Your Vote for Fan Favorite will not affect your chances of winning this Sweepstakes. Residents of Georgia, Ohio, and Tennessee are not eligible to enter by Text Entry.
2. To vote and enter for free online without a purchase OR if you are a resident of Georgia. Tennessee or Ohio and wish to vote and enter online: To vote and enter the Sweepstakes for free without making a purchase, visit http://www.bravotv.com/live-vote/top-chef/fan-favorite (the “Website”) during the Sweepstakes Period and complete the online entry form, including your phone number, age verification and Vote for your Fan Favorite (“Online Entry”). One (1) Online Entry will be deemed one (1) Vote for your Fan Favorite and one (1) Entry into the Sweepstakes. Limit sixty (60) Online Entries per person or phone number during the Sweepstakes Period. Your Vote for Fan Favorite will not affect your chances of winning this Sweepstakes.
3. To vote and enter via your mobile phone web browser OR if you are a resident of Georgia, Tennessee, or Ohio and wish to vote and enter via your mobile phone web browser: To vote and enter the Sweepstakes via your mobile phone web browser, visit the mobile version of the Website on your phone browser located at http://tpchf.bravo.starcut.us during the Sweepstakes Period and then complete the online entry form, including your phone number, age verification and Vote for your Fan Favorite (“Mobile Online Entries”). One (1) Mobile Online Entry will be deemed one (1) Vote for your Fan Favorite and one (1) Entry into the Sweepstakes. Your Vote for Fan Favorite will not affect your chances of winning this Sweepstakes. Data rates may apply to each Mobile Online Entry submitted in connection with the Sweepstakes. Limit twenty (20) Mobile Online Entries per person or email address during the Sweepstakes Period.
4. To vote and enter for free without a purchase OR if you are a resident of Georgia, Ohio, or Tennessee and wish to vote and enter via Twitter: To vote and enter the Sweepstakes during the Sweepstakes Period, without making a purchase, go to www.twitter.com (the “Twitter Website”) once the Sweepstakes Spot Invitation prompts you to submit a "Tweet" of one hundred and forty (140) characters or less (“Statement”). To “Tweet” your Statement, (1) if you already have a Twitter account, log on using your Twitter user name and password, then @message @bravosweeps followed by your Vote for Fan Favorite or (2) if you do not already have a Twitter account, create a free Twitter account according to the instructions on the Twitter Website and @message your Vote for Fan Favorite to @bravosweeps as indicated in (1) above (“Twitter Entry”). Please note that you must agree to comply with the Twitter Terms of Use in order to create a Twitter account. One (1) Twitter Entry will be deemed one (1) Vote for your Fan Favorite and one (1) Entry into the Sweepstakes. Limit twenty (20) Twitter Entries per person, email address or Twitter account during the Sweepstakes Period. Your Vote for Fan Favorite will not affect your chances of winning this Sweepstakes. Entrants using multiple Twitter accounts will be ineligible.
Text Entries, Online Entries, Mobile Online Entries and Twitter Entries will be referred to herein as entries (“Entries”). Entries must be received by March 24, 2011 at 12:00 PM ET to be eligible for the Sweepstakes. Your Vote for Fan Favorite will not affect your chances of winning this Sweepstakes.
Entry Limits: During the Sweepstakes Period, there is a limit of eighty (80) Entries per person/phone number/Twitter account during the Sweepstakes Period, consisting of no more than twenty (20) Text Entries, no more than twenty (20) Mobile Online Entries, no more than twenty (20) Twitter Entries, and up to sixty (60) Online Entries. Limit eighty (80) Entries total per person/phone number/Twitter account during the Sweepstakes Period. For example: If you submit one (1) Text Entry and twenty (20) Twitter Entries, then you can submit up to fifty nine (59) Online Entries. If you submit one (1) Text Entry and twenty (20) Twitter Entries, then you can submit up to fifty-nine (59) Online Entries. If you submit fifteen (15) Text Entries and fifteen (15) Twitter Entries, then you can submit up to fifty (50) Online Entries.Multiple Entries received from any person or email address beyond this limit will void all such additional Entries. Entries generated by a script, macro, or other automated means will be disqualified.Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. "Authorized account holder" of a mobile device is the defined as the natural person in whose name the phone has been issued and to whom services are billed. “Authorized account holder” of an e-mail address is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. "Authorized account holder" of a Twitter account is defined as the person who is assigned to a Twitter account by the Twitter Website. Entry constitutes permission (except where prohibited by law) to use entrant’s name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.
Redeeming your Premium Code: If you purchase Bravo Bucks, you will receive a text message that includes a confirmation that your text message was received and one (1) Premium Code that may be redeemed for ten (10) Bravo Bucks at http://www.bravotv.com/bucks (“Premium Store Website”). To redeem the Premium Code, log on to the Premium Store Website and create a username and password. For each Premium Code entered, you will receive ten (10) Bravo Bucks that may be used to redeem virtual goods. The ninety-nine cents ($.99) credit can only be used towards Bravo Bucks on the Premium Store Website and may not be redeemed for cash. Premium Codes are valid for approximately one (1) year (“Downloadable Expiration Date”) from the date of issuance. Premium Codes are no longer valid after the Downloadable Expiration Date. In addition to the premium text message charge of ninety-nine cents ($.99), data and message rates will apply to all text messages sent and received.
PRIVACY: Entrants will have the opportunity to receive information from Sponsors and selected partners by checking the appropriate box(es). If, at any time, you no longer wish to receive materials from Sponsors or our partners, please go to our privacy policy, located at at http://www.bravotv.com/Privacy_Policy/index.shtml and http://www.nbc.com/Footer/Privacy/, or the applicable partner’s privacy policy and follow the procedures indicated.
WINNER SELECTION AND NOTIFICATION:
On or about March 25, 2011, one (1) potential grand prize winner (“Grand Prize Winner”) will be selected in a random drawing by representatives of Sponsors from all eligible Entries received during the Sweepstakes Period. Sponsors will make two (2) attempts to notify potential Grand Prize Winner at the phone number and/or email address and/or Twitter account submitted at the time of entry. Potential Grand Prize Winner may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, “Sweepstakes Documents”) within five (5) days of such notification. Noncompliance within this time period will result in disqualification, and, at Sponsors’ sole discretion, an alternate potential Grand Prize Winner may be selected from the remaining eligible Entries. If potential Grand Prize Winner cannot be reached, if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules, or if his/her prize or prize notification is returned as undeliverable, potential Grand Prize Winner will be disqualified and time permitting, at Sponsors’ sole discretion, an alternate potential Grand Prize Winner may be selected from the remaining eligible Entries.
Grand Prize: Grand Prize Winner will be awarded five thousand dollars ($5,000) in the form of a check made payable to the Grand Prize Winner, or in such other form as Sponsors may designate in their sole discretion (“Grand Prize”). Grand Prize Winner is responsible for all federal, state and local taxes. Grand Prize Winner will be issued an IRS form 1099 and the value of the Grand Prize may be considered taxable income to the winners. No transfer or substitution in lieu of stated Grand Prize is permitted except by Sponsors who reserve the right to substitute a Grand Prize (or portion thereof) of comparable or greater value, in their sole discretion. All Grand Prize details are at the sole discretion of the Sponsors. Sponsors shall have the right, but not the obligation, to make any deductions and withholdings that Sponsors deem necessary or desirable under applicable federal, state and local tax laws, rules, regulations, codes or ordinances. Grand Prize Winner must comply with all terms and conditions of these Official Rules and winning the Grand Prize is contingent upon fulfilling all requirements. Sponsors shall have the right, but not the obligation, to make any deductions and withholdings that Sponsors deems necessary or desirable under applicable federal, state and local tax laws, rules, regulations, codes or ordinances.
Due to the nature of television, the exhibition dates and times of each first run episode of the Show are subject to change. In the event the Show is canceled prior to exhibition, the Sweepstakes will terminate as of the date of cancellation and the Grand Prize will not be awarded. Additionally (and without limiting the foregoing), if for any reason this Sweepstakes is not capable of being run or implemented as planned, including, but not limited to, as the result of infection by computer viruses or bugs, tampering, unauthorized intervention, fraud, or any other cause of any kind, which, in Sponsors’ sole judgment, is likely to or actually corrupts or affects the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then Sponsors reserve the right to cancel, terminate, modify or suspend all or any part of the Sweepstakes and the Grand Prize may not be awarded; except that Sponsors, in their sole discretion, reserve the right to select the Grand Prize Winner in a random drawing from among all eligible Entries for the applicable Grand Prize received by Sponsors up until the time of such cancellation, termination, modification or suspension, as applicable. Any changes to the Sweepstakes will be posted on the Website.
TOP CHEF Season 8 Fan Favorite Competition: Upon completion of the Sweepstakes Period, the Contestant on the Show who receives the most overall Votes from the viewers to be Fan Favorite (and who meets all eligibility requirements) will be declared the winner (“Top Chef Season 8Fan Favorite Winner”) of the Fan Favorite competition (“Top Chef Season 8Fan Favorite Competition”). The Top Chef Season 8 Fan Favorite Winner will be eligible to win a ten thousand dollar ($10,000) prize (“Top Chef 8Fan Favorite Prize”). In the event of a tie for the Top Chef Season 8 Fan Favorite Competition, qualified representatives of Bravo will determine who will be deemed the Top Chef Season 8Fan Favorite Winner from among the Contestants on the Show tied for having received the most Votes in the Top Chef Season 8 Fan Favorite Competition based upon the following judging criteria with each factor receiving equal weight: (i) creativity of Contestant’s dishes on the Show, (ii) originality of Contestant’s dishes on the Show, and (iii) presentation of the Contestant’s dishes on the Show. Bravo reserves the right in their sole discretion to substitute a prize of equal or greater value for the Top Chef Season 8 Fan Favorite Prize. All federal, state and local taxes are the sole responsibility of the Top Chef Season 8 Fan Favorite Winner. Bravo retains the option to terminate the Top Chef Season 8 Fan Favorite Competition for any reason, in its sole discretion. If Bravo cancels the Top Chef Season 8 Fan Favorite Competition, the Top Chef Season 8 Fan Favorite Prize, if not already awarded, will not be awarded. Only Contestants appearing on the Show are eligible to receive the Top Chef Season 8 Fan Favorite Prize. Viewers and/or Voters are not eligible to receive the Top Chef Season 8 Fan Favorite Prize. The Top Chef Season 8 Fan Favorite Prize is not part of the Sweepstakes. One (1) Vote for a Top Chef Season 8 Fan Favorite will be deemed one (1) Entry (defined below) into the Sweepstakes.
CONDITIONS: By entering the Sweepstakes, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Sweepstakes Entities and their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the or Sweepstakes and/or his/her acceptance, possession, use, or misuse of Grand Prize or any portion thereof; (b) to indemnify Released Parties from any and all liability resulting or arising from the Sweepstakes and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Grand Prize, including express warranties provided exclusively by Grand Prize supplier that are sent along with Grand Prize; (c) if selected as a Grand Prize Winner, to the posting of such entrant’s name on Website and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Sweepstakes itself, and to be bound by all decisions of the Sponsors, which are binding and final.Failure to comply with these conditions may result in disqualification from the Sweepstakes at Sponsors’ sole discretion.
ADDITIONAL TERMS: Sponsors reserve the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Sweepstakes or the operation thereof is unlawful and subject to legal action by Sponsors, who may seek damages to the fullest extent permitted by law. The failure of Sponsors to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsors (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Sweepstakes. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsors reserve the right to cancel, modify, or suspend the Sweepstakes or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsors reserve the right to select Winners in a random drawing from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted at Website. Sponsors may prohibit any entrant or potential entrant from participating in the Sweepstakes, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsors, or Sponsors’ agents or representatives; or behaves in any other disruptive manner (as determined by Sponsors in their sole discretion).
DISPUTES: The Sweepstakes is governed by, and will be construed in accordance with, the laws of the State of New York, and the forum and venue for any dispute shall be in New York, New York. If THE controversy or claim is not otherwise resolved through direct discussions or mediation, it shall THEN be resolved by FINAL AND binding arbitration administered by JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (“JAMS Rules”). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in new york. All proceedings brought pursuant to this paragraph will be conducted in the County of new york. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
WINNER’S NAME: For the name of the Grand Prize Winner please send a postage paid envelope to “Top Chef 8 Fan Favorite Voting Sweepstakes Winners” Attn: Kayte Williams, c/o Bravo Media LLC, 30 Rockefeller Plaza, 46th Floor, New York, NY 10112.
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