Top Chef 10 Live-Voting Sweepstakes
November 7, 2012 – March 6, 2013
November 7, 2012 – March 6, 2013
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 can vote to enter the Top Chef 10 Live-Voting Sweepstakes (“Sweepstakes”) via Text entry, Twitter via Mobile entry, Bravo Now, or at BravoTV.com. Message and Data Rates May Apply. Available only through participating carriers. Contact your carrier for pricing plans and details. 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 (“NBCUniversal”), both at 30 Rockefeller Plaza, New York, NY 10112 (collectively referred to herein as the “Sponsors”).
SWEEPSTAKES PERIOD: Sweepstakes begins at 10:00 PM ET on November 7, 2012 and ends at 4:00 PM ET on March 6, 2013 (the “Sweepstakes Period”). All times in the Sweepstakes refer to Eastern Time (“ET”).
ELIGIBILITY: Open only to permanent, legal United States (“U.S.”) residents physically residing in one (1) of the forty-eight (48) contiguous U.S. or the District of Columbia (excluding Puerto Rico, Guam, Alaska, Hawaii, the U.S. Virgin Islands and all other U.S. territories and possessions) and who are eighteen (18) years of age or older and of 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. 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 contestants who are participating in or who have participated in the current cycle of the series of Top Chef Season 10 (the “Show”) are not eligible to participate or win the Sweepstakes. Sweepstakes Entities, as referenced herein, shall include Sponsors, The Mission Productions, Telescope, Toyota Motor Sales, USA Inc. and any and all advertising and promotion agencies or administrators involved with this Sweepstakes. By entering this Sweepstakes, all entrants are bound by and agree to these Official Rules. Sponsors reserve the right to exclude anyone convicted of a crime (other than moving violations of a misdemeanor type that did not involve personal injury, drugs, or alcohol). Entrants must have nothing in their background that would be an embarrassment to Sponsors. Sponsors reserve the right to disqualify Entrants for not meeting any of the requirements outlined above or for any other reason, in Sponsors’ sole discretion. By entering the Sweepstakes, all entrants are bound by and agree to these Official Rules.
HOW TO ENTER: To enter Sweepstakes during the Sweepstakes Period, watch the first run episode of the Show starting Wednesday, November 7, 2012 at 10:00 PM ET on Bravo (check with your local cable provider for exact time and details) and look for the sweepstakes spot invitation (the “Sweepstakes Spot Invitation”), which will invite viewers to vote (“Vote”) by selecting one (1) of the given choices provided in the poll (each a “Poll” and collectively “Polls”) displayed during the Sweepstakes Spot Invitation. Your Vote will not affect your chances of winning this Sweepstakes.There are two (2) ways to Vote and enter:
1. To Vote and enter via text message with your mobile device: If you have a text messaging capable mobile device from a participating carrier, you can Vote and enter the Sweepstakes by sending a text message that includes your Vote to a short code announced during the Sweepstakes Spot Invitation (each Poll and short code will also be posted on bravotv.com (the “Website”) (“Text Entry”). You will receive a confirmation text if your Text Entry was received. Please use caution and do not drive while entering the Sweepstakes. Each Text Entry will be deemed one (1) Vote and one (1) Entry (defined below) into Sweepstakes. Your Vote will not affect your chances of winning Sweepstakes. Message and Data Rates May Apply.
Text Entries and Twitter Entries will be referred to herein as “Entry” or “Entries”. All Entries become the property of Sponsors and will not be acknowledged. Entries must be received before 4:00 PM ET on March 6, 2013 to be eligible for the Sweepstakes. Sponsors’ computer shall be the official timekeeper for all matters related to this Sweepstakes.
Limit of seven (7) Entries per person/phone number/Twitter account per week during Sweepstakes Period regardless of method of entry. Multiple Entries received from any person/Twitter account/phone number 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 mobile device or email address used to enter will be deemed to be the entrant. "Authorized account holder" of a mobile device is defined as the natural person in whose name the phone has been issued and to whom services are billed or the person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. 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 universe in perpetuity, without additional compensation, notification, permission, or approval.
Winner Selection and Notification: On or about March 6, 2013, one (1) potential winner (“Winner”) will be selected in a random drawing by representatives of Sponsors from among all eligible Entries received during the Sweepstakes Period. Sponsors will make two (2) attempts to contact potential Winner at the phone number and/or email address submitted at time of Entry. If the potentially winning Entry is a Twitter Entry, Sponsors will make two (2) attempts to notify potential Winner via direct message to potential Winner’s Twitter account in order to obtain potential Winner’s mailing address. If potential Winner cannot be reached within forty eight (48) hours, is found to be ineligible, cannot or does not comply with these Official Rules, or if prize or prize notification is returned as undeliverable, potential Winner will be disqualified and time permitting, at Sponsors' sole discretion, an alternate potential Winner may be selected from the remaining eligible Entries. Potential Winner may be required to execute and return a notarized affidavit of eligibility/release of liability and, except where prohibited, publicity release (collectively, “Sweepstakes Documents”) within five (5) days of attempted notification. Noncompliance within this time period will result in disqualification, and, at Sponsors’ sole discretion, an alternate potential Winner may be selected from the remaining eligible Entries.
Prize: There will be one (1) prize (“Prize”) awarded to Winner. Prize will consist of five thousand dollars ($5,000) in the form of a check made payable to the Winner, or in such other form as Sponsors may designate in their sole discretion.
Sponsors will determine all details of Prize in their sole discretion. Estimated Retail Value (“ERV”) of the Prize is five thousand dollars ($5,000). All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Winner. Sponsors will furnish an Internal Revenue Service Form 1099 to the Winner for the Actual Retail Value (“ARV”) of Prize for the year in which Prize was won. Sponsors reserve the right to substitute similar prize (or prize element) of comparable or greater value in their sole discretion. Prize cannot be transferred by Winner and is valid only for the items detailed above, with no substitution of Prize by Winner. If Prize is unclaimed within a reasonable time after notification from Sponsors, as determined by Sponsors in their sole discretion, it will be forfeited, and time permitting, at Sponsors’ sole discretion, an alternate potential Winner may be selected from the remaining eligible Entries. 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. Winner must comply with all terms and conditions of these Official Rules and winning the Prize is contingent upon fulfilling all requirements.
Due to the nature of television, the exhibition dates and times of each first run episode of the Show (and, therefore, the entry/voting dates and times and drawing date and time) 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 any future Prize will not be awarded. In the event the Show is cancelled or preempted after an episode(s) of the Show is already airing, and in the event any portions of the Sweepstakes are canceled, modified or suspended, any future 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 any prize may not be awarded; except that Sponsors, in their sole discretion, reserves the right to select a Winner in a random drawing from among all eligible Entries 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.
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; (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 are sent along with Prize; (c) if selected as a 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). Sponsors reserve 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 ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. Any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes, or any prize awarded, will be resolved individually, without resort to any form of class action.
WINNER’S NAME: For the name of Winner, available after March 15, 2013, please send a self-addressed, stamped envelope to be received by May 15, 2013 to: “Top Chef 10 Sweepstakes”, Attn: Stacy Shapiro, c/o Bravo Media LLC, 30 Rockefeller Plaza, 46th Floor, New York, NY 10112.
TOP CHEF 10 TOPICAL VOTING:
Sponsors may ask during the Sweepstakes Spot Invitation for viewers to Vote in a topical poll. Topical Polls are scheduled to take place Wednesday, November 7, 2012 through Thursday November 29, 2012 and Wednesday, February 27, 2013 through Wednesday, March 6, 2013. From Wednesday, November 7, 2012 through Wednesday, November 28, 2012, the voting window (“Voting Window”) will run from each Wednesday at 10:00 PM ET to the following Wednesday at 4:00 PM ET. On Wednesday, November 28, 2012, the Voting Window will begin at 10:00 PM ET and end on Thursday, November 29, 2012 at 9:00 AM ET. On Wednesday, February 27, 2013, the Voting Window will begin at 10:00 PM ET and end on Wednesday, March 6 at 4:00 PM ET.
TOP CHEF 10 SAVE A CHEF VOTING: Sponsors may ask during the Sweepstakes Spot Invitation for viewers to Vote to save one (1) of the eliminated chefs from the Show (“Contestants”). The Contestant who obtains the most Votes during the Save A Chef voting competition week-over-week will advance in the Save A Chef competition scheduled to take place Thursday, November 29, 2012 through Thursday February 7, 2013 (the “Save A Chef Competition”). From Thursday, November 29, 2012 through Thursday, January 31, 2013 the Voting Window will run from each Thursday at 12:00 PM ET to the following Thursday at 9:00 AM ET. On Thursday, January 31, 2013, the Save A Chef Voting Window will begin at 12:00 PM ET and end on Wednesday, February 6, 2013 at 4:00 PM. The final Save A Chef Voting Window will begin at 11:01 PM ET on Wednesday, February 6, 2013 and end on Thursday, February 7, 2013 at 12:00 PM ET. The winner of the Save A Chef Competition will enter the Last Chance Kitchen finale scheduled to take place on February 13, 2013 at 11:01 PM ET. The winner of the Last Chance Kitchen finale will re-enter the Top Chef 10 competition on February 20, 2013. Save A Chef votes are refreshed weekly and will not be calculated cumulatively over the Save A Chef Competition. Vote will not affect your chances of winning this Sweepstakes. A retweet of a Twitter Entry will be deemed one (1) Vote but will not be a Twitter Entry into Sweepstakes.
TOP CHEF 10 FAN FAVORITE VOTING: Sponsors may ask during the Sweepstakes Spot Invitation for viewers to Vote for their favorite Top Chef 10 contestant (“Fan Favorite Vote”) in the Top Chef 10 Fan Favorite Competition (the “Fan Favorite Competition”). The Top Chef 10 contestant who receives the most overall Fan Favorite Votes (and who meets all eligibility requirements) will be declared the “Top Chef 10 Fan Favorite Winner” in the Fan Favorite Competition. The Top Chef 10 Fan Favorite Winner will be eligible to win ten thousand dollars ($10,000) (the “Top Chef 10 Fan Favorite Prize”). Note: The Fan Favorite Competition will only be conducted and the Top Chef 10 Fan Favorite Prize will only be awarded IF Sponsors, in their sole discretion, choose to sponsor and administer the Fan Favorite Competition. In the event of a tie for the Fan Favorite Competition, the Sponsors will break the tie and choose the Top Chef 10 Fan Favorite Winner based upon the following criteria with each factor receiving equal weight: (i) creativity of Chefs’ Dishes, (ii) originality of Chefs’ Dishes, and (iii) presentation of the Chefs’ Dishes. All federal, state and local taxes are the sole responsibility of the Top Chef 10 Fan Favorite Winner. Sponsors retain the option to terminate the Fan Favorite Competition for any reason, in their sole discretion. If Sponsors cancel the Fan Favorite Competition, the Top Chef 10 Fan Favorite Prize, if not already awarded, will not be awarded. Entrants in Sweepstakes are not eligible to receive the Top Chef 10 Fan Favorite Prize. A retweet of a Twitter Entry will be deemed one (1) Vote but will not be a Twitter Entry into Sweepstakes.