Top Chef 8 “Foodie Fly-Away” Sweepstakes

Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN.  A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.

The Top Chef “Foodie Fly-Away” Sweepstakes (“Sweepstakes”) begins at 12:01:00 a.m. PT on December 1, 2010, and ends at 11:59:59 p.m. PT on March 30, 2011 (“Sweepstakes Period”).  All times in the Sweepstakes refer to Pacific Time (“PT”).  Odds of winning depend upon the number of eligible entries received.
 
SPONSOR: Bravo Media LLC, 30 Rockefeller Plaza, New York, New York 10112 (“Sponsor”).

ELIGIBILITY: The Sweepstakes is open only to permanent, legal U.S. residents who are located and residing in one (1) of the forty-eight (48) contiguous United States or the District of Columbia (excluding Alaska, Hawaii, Puerto Rico, Guam, the U.S. Virgin Islands, and other U. S. territories) and who are twenty-one (21) years of age or older as of December 1, 2010. 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), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Sweepstakes.  Sweepstakes Entities, as referenced herein, shall include Sponsor, NBC Universal, Inc, Magical Elves, Inc., and Nestlé Prepared Foods Company dba Buitoni North America and each of their respective parent, subsidiary, and affiliate companies and administrative, advertising, and promotion agencies and any other entity involved in the development, administration, promotion, or implementation of the Sweepstakes. Sweepstakes is subject to all applicable federal, state, and local laws and regulations.  Void outside the continental United States and where prohibited or restricted by law.

HOW TO ENTER ONLINE: To enter the Sweepstakes, visit http://www.bravotv.com/top-chef/foodie-fly-away-sweepstakes (“Website”) during the Sweepstakes Period. Complete and thereafter submit the entry form, which includes your name, complete address, daytime telephone number, email address, and date of birth (collectively, “Entry”) according to the provided instructions.

All Entries become the property of Sponsor and will not be acknowledged or returned.  Entries must be received before 11:59:59 p.m. PT on March 30, 2011 to be eligible for the Sweepstakes. Sponsor’s computer shall be the official timekeeper for all matters related to this Sweepstakes. You may enter only once during the Sweepstakes Period. 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 who made a potentially winning Entry, Sponsor reserves the right to deem that the Entry was made by the registered subscriber of the email address submitted at the time of Entry.  Entry constitutes permission (except where prohibited by law) to use entrant's name, city, state, likeness, image, and/or voice in any and all media now or hereafter known, for purposes of advertising, promotion, and publicity without additional compensation, notification, permission or approval.  Normal internet access and usage charges imposed by entrant’s online carrier will apply to Entry.   

PRIVACY:  Entrants will have the opportunity to receive information from Sponsor, and/or selected partners by checking the appropriate box(es). If, at any time, you no longer wish to receive materials from Sponsor, or the selected partners please go to Sponsor’s Privacy Policy, located at (http://www.bravotv.com/Privacy_Policy/), or the selected partner’s privacy policy, as applicable, and follow the procedures indicated.  Information collected from entrants is subject to Sponsor’s Privacy Policy.

DRAWING: On or about April 6, 2011, employees or representatives of Sponsor will select a potential Winner (as defined below) in a random drawing from all eligible Entries during the Sweepstakes Period.  Sponsor will make two (2) attempts to notify potential Winner at the phone number and/or email address submitted at the time of Entry.  Potential 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 three (3) days of such notification or prize will be forfeited and Sponsor may select an alternate potential Winner in a random drawing from the remaining eligible Entries, in its sole discretion.  If potential 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 Winner will be disqualified and an alternate potential Winner may be selected in a random drawing from among the remaining eligible Entries.  

GRAND PRIZE:  One (1) prize (“Prize”) will be awarded, consisting of the following: a six (6) month supply of BUITONI® products, not to exceed $300.00 in value, awarded in the form of product coupons (expiration date February, 28, 2012), and a four (4) day and three (3) night trip for winner (“Winner”) and one (1) guest (“Guest”) to the 2011 “Food & Wine Magazine Classic” event (“Event”) in Aspen, Colorado (“Trip”), currently scheduled for Summer 2011.  Trip includes the following elements, all as determined by Sponsor in its sole discretion: 1) round-trip, coach-class domestic air transportation for Winner and Guest from a major commercial airport near Winner’s residence to one (1) of the major airports near Aspen; 2) four (4) days and three (3) nights hotel accommodations (single room, double occupancy) at a hotel to be determined by Sponsor in its sole discretion, and; 3) two (2) passes for Winner and Guest to attend the Event. Estimated Retail Value (“ERV”) of Prize is three thousand two hundred and fifty dollars ($3,250).  

ERV of Prize may vary depending upon the residence of the Winner and the actual cost of travel at time of departure and return. Any difference between actual ERV and stated ERV will not be awarded.

Sponsor will furnish an Internal Revenue Service Form 1099 to Winner for the ERV of Prize for the tax year in which Prize was won.  The value of Prize represents Sponsor’s good faith determination of the maximum retail value thereof.  For Form 1099 reporting purposes, Winner shall be bound by such good faith determination.  Sponsor will determine details of Prize in its sole discretion.  Prize will be awarded “as is” with no warranty or guarantee, either express or implied by Sponsor.  Sponsor reserves the right to substitute a similar Prize (or Prize element) of comparable or greater value.  All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Winner. Prize cannot be transferred by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner.  If Prize is unclaimed, it will be forfeited, and an alternate Winner may be selected from the remaining eligible Entries at Sponsor’s sole discretion.  If a Prize element is not available for any reason, the remaining elements of Prize shall be awarded and shall constitute full satisfaction of Sponsor’s Prize obligation to Winner, and no additional compensation will be awarded.  Sponsor shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize due to reasons beyond Sponsor’s control, and are not responsible or liable for any expenses incurred as a consequence thereof.  Dates of Event are subject to change. Event is subject to cancellation.  If Winner chooses to take the Trip or attend the Event with no Guest, the remaining elements of Prize shall be awarded and shall constitute full satisfaction of Sponsor’s Prize obligation to Winner and no additional compensation will be awarded.  Guest, if any, may be required to execute and return a release of liability and, except where prohibited, publicity release (“Guest Documents”), which must be returned with the Sweepstakes Documents, or Prize will be forfeited and an alternate Winner may be selected from the remaining eligible Entries. Guest must be twenty-one (21) years of age as of date of signature of Guest Documents or as otherwise determined by Sponsor or Guest cannot accompany Winner on Trip.  Certain blackout periods and travel restrictions may apply.  Travel and hotel arrangements will be determined by Sponsor in its sole discretion.  Sponsor reserves the right to provide ground transportation in lieu of air transportation at its sole discretion.  Travel must occur on dates and times designated by Sponsor or Prize will be forfeited and an alternate Winner may be selected from the remaining eligible Entries.  Once determined, no change, extension, or substitution of travel dates and/or times is permitted, except by Sponsor in its sole discretion. Winner and Guest must travel together on the same itinerary, including the same departure date and return date.  Prize consists only of the elements set forth above.  No other travel elements (including, without limitation, ground transportation, insurance, gasoline, meals, drinks, gratuities, and souvenirs) are included in Prize.  Tickets are non-refundable.  Reservations are subject to availability.  Tickets are not valid for business-related or group travel.  Tickets are valid only for travel on airline chosen by Sponsor in its sole discretion.  Tickets will be issued only to Winner and Guest.  Tickets are void if sold for cash or other consideration.  Winner is responsible for any tax liability (including applicable departure taxes or fees), inspection charges, and security charges, and all taxes and fees assessed at the time of ticketing.  Once issued, tickets are non-transferable and may not be reissued once travel has commenced.  Open tickets may not be issued and stopovers are not permitted.  Travel arrangements must be made through Sponsor.  Winner and Guest must have valid travel documents (e.g., valid, government-issued photo identification and/or passport) prior to departure.  Failure to do so will result in forfeiture of Prize and time permitting an alternate Winner may be selected in a random drawing from among the remaining eligible Entries at Sponsor’s sole discretion.  Travel may not be combined with any other offer and may not qualify for frequent flyer miles or hotel points.  All travel and lodging will be at the risk of Winner and Guest.  Sponsor will not replace any lost or stolen tickets, vouchers, or certificates.  All elements of Prize must be redeemed at the same time.  In the event of an act of God or an unforeseen, uncontrollable event, Sponsor reserves the right to reschedule all travel for a later date.  

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 Sweepstakes and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof (including any travel related thereto); (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 Prize, including express warranties provided exclusively by Prize supplier that may be sent along with Prize; (c) if selected as the Winner, to the posting of such entrant’s name on the Website and the use by Released Parties of such name, voice, image, and/or likeness 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 Sponsor, which are binding and final.  Failure to comply with these conditions may result in disqualification from the Sweepstakes at Sponsor’s sole discretion.

ADDITIONAL TERMS: Sponsor reserves the right to permanently disqualify from any promotion any person it believes 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 Sponsor, who may seek damages to the fullest extent permitted by law. The failure of Sponsor 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 Sponsor (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.  Sponsor reserves 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, Sponsor reserves the right to select a Winner 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 on the Website.  Sponsor 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, Sponsor, or Sponsor’s agents or representatives; or behaves in any other disruptive manner (as determined by Sponsor in its sole discretion). Sponsor reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.

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 ATTORNEY’S 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 Winner, available after April 20, 2011, visit the Website or send a self-addressed, stamped envelope to be received by April 13, 2011, to: Lauren Mendell, The Top Chef “Foodie Fly-Away” Sweepstakes Winner, c/o Bravo, 30 Rockefeller Plaza, Room 1490e-5, New York, NY 10112.