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Ultimate Rewards Sweepstakes - Official Rules
Top Chef DC Ultimate Reward
Official Rules
August 23, 2010 – September 19, 2010
PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A purchase will not improve your chances of winning. Void where prohibited. The Top Chef DC Ultimate Reward Sweepstakes (“Sweepstakes”) will begin on August 23, 2010 at 12:00 AM ET and end on September 19, 2010 at 11:59PM ET (“Sweepstakes Period”). All times in the Sweepstakes refer to Eastern Time (“ET”). Odds of winning depend upon the number of eligible Entries (as defined below) received. Sweepstakes is subject to all applicable federal, state and local laws.
ELIGIBILITY: Open only to permanent, legal U.S. residents who are physically residing in one (1) of the forty-eight (48) continental United States and the District of Columbia (excluding Alaska, Hawaii, Puerto Rico, Guam, the Virgin Islands and other United States territories), 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. 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), 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 Bravo Media LLC (“Bravo”), NBC Universal, Inc., 30 Rockefeller Plaza, New York, NY 10112 (collectively, “Sponsors”), and 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.
TO ENTER: There are two ways to enter the Sweepstakes:
1. Entry by Taking the Challenge: Visit bravotv.com during the Sweepstakes Period for specific challenges that must be completed in order to be entered into sweepstakes. Challenges may range from watching a certain number of videos, reading blogs, looking at pictures, etc. Each challenge will be different and outlined on bravotv.com/topchefrewards.
2. Online Entry: To enter the Sweepstakes without taking the challenge, during the Sweepstakes Period log on to bravotv.com/topchefrewards (the “Website”) and follow the provided instructions to complete and thereafter submit the entry form, which includes your name, address, email address, and date of birth (“Entry”).
All Entries become the property of Sponsors, and will be acknowledged by e-mail. Entries must be received before September 19, 2010 at 11:59 PM ET, to be eligible for the Sweepstakes. Sponsors’ computer shall be the official timekeeper for all matters related to this Sweepstakes. You may enter twenty (20) times total (once per challenge or twenty (20) times online or a combination of the two) 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, the authorized account holder of the email address used to enter will be deemed to be the entrant. “Authorized account holder” is defined as 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 world in perpetuity, without additional compensation, notification, permission, or approval.
PRIVACY: Entrants will have the opportunity to receive information from Bravo and selected partners by checking the appropriate box(es). If, at any time, you no longer wish to receive materials from Bravo or our partners, please go to our privacy policy, located at http://www.bravotv.com/privacy-policy, or the applicable partner’s privacy policy and follow the procedures indicated.
WINNER SELECTION AND NOTIFICATION:
On or about September 20, 2010, one (1) potential Winner (as defined below) 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 Winner(s) at the phone number and/or email address submitted at the time of entry. Potential Winner(s) may be required to execute and return an affidavit of eligibility, release of liability, confidentiality agreement in connection with any information learned at the taping and, except where prohibited, publicity release (collectively, “Sweepstakes Documents”) within three (3) days of such 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. If potential Winner cannot be reached, 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, alternate potential Winner may be selected from the remaining eligible Entries.
PRIZE AND APPROXIMATE RETAIL VALUE: There will be one prize (“Prize”) awarded to winner (“Winner”). Prize will Prizeconsist of: 1) a trip for Winner and a guest (“Guest”) to a location to be determined by Sponsors in their sole discretion (“Prize Destination”), and 2) attendance at a taping of an upcoming Top Chef, Top Chef Masters, or Top Chef Just Desserts episode taping. All details of the taping (including, without limitation, which show and any all rules for attendance) shall be determined by Sponsors in their sole discretion. The trip shall include the following elements: 1) either round-trip coach class air transportation for Winner and Guest from major airport near the Winner’s home to an airport near the Prize Destination (as determined by Sponsors in their sole discretion) or round-trip ground transportation from Winner’s home for Winner and Guest to the Prize Destination (the determination of whether Winner and his/her Guest will travel by air or ground transportation will be made by Sponsors in their sole discretion); 2) if necessary, as determined solely by Sponsors, up to two (2) nights hotel accommodations (standard room, double occupancy) at a hotel near the Prize Destination; 3) if necessary, as determined solely by Sponsors, round-trip transportation for Winner and Guest between airport and hotel and between hotel and location where the taping will take place. The Approximate Retail Value (“ARV”) of the Prize is three thousand one hundred dollars ($3,100).
Sponsors will determine all details of Prize in their sole discretion. Actual Prize value may vary depending upon the actual cost of air transportation from point of departure at time of reservation. Sponsors reserve 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 within a reasonable time after notification from Sponsors, as determined by Sponsors in their sole discretion, it will be forfeited, and time permitting, an alternate Winner may be selected from the remaining eligible Entries at Sponsors’ sole discretion. Sponsors 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 Sponsors' good faith determination of the maximum retail value thereof. For Form 1099 reporting purposes, Winner shall be bound by such good faith determination.
If Winner elects to partake in any or all portions of his/her Prize with no Guest, the remaining elements of Prize shall be awarded to Winner and shall constitute full satisfaction of Sponsors’ Prize obligation to Winner and no additional compensation will be awarded. All elements of the Prize must be redeemed at the same time, and no changes will be permitted after confirmation of any redemption. Specific travel dates and arrangements are subject to air travel, holiday, blackout dates, and other prize and travel restrictions. Trip must be completed on specific dates as determined by Sponsors in their sole discretion or Prize will be forfeited. Reservations are subject to availability. Trip must be booked at least sixty (60) days prior to intended departure date. Travel dates are subject to Sponsors’ approval. Travel and hotel arrangements will be determined by Sponsors in their sole discretion. Once determined, no change, extension, or substitution of travel dates and/or times is permitted, except by Sponsors in their sole discretion. Winner and Guest(s) must travel together on the same itinerary. Tickets are not valid for business-related or group travel. Tickets are valid only for travel on airline chosen by Sponsors in their sole discretion. A Saturday night stay-over may be required. 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, including baggage fees), inspection charges, and security charges. 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. 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. Sponsors 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 Sponsors’ control, and are not responsible or liable for any expenses incurred as a consequence thereof. Travel may not be combined with any other offer and may not qualify for frequent flyer miles or hotel points. All travel will be at the risk of Winner and Guest. Sponsors will not replace any lost or stolen tickets, vouchers, or certificates. In the event of an act of God or an unforeseen, uncontrollable event, Sponsors reserve the right to reschedule all travel for a later date. Guest, if any, may be required to execute and return a release of liability, a confidentiality agreement in connection with any information learned at the taping and, except where prohibited, a publicity release (collectively, “Guest Documents”), which must be returned with the Promotion Documents, or Guest portion of Prize will be forfeited. Guest must be 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. Tickets are non-refundable. Prize consists only of the elements expressly set forth above; no other elements or expenses (including, without limitation, insurance, meals, unspecified ground transportation, phone calls, gratuities, incidentals, souvenirs, gasoline, etc.) are included in the Prize and all such expenses are the sole responsibility of Winner. Winner is responsible for any and all fees assessed at the time of ticketing, including, but not limited to, air travel taxes and/or expenses, applicable departure taxes or fees, inspection charges, and security charges. All Prize elements must be redeemed at the same time.
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 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 are sent along with Prize; (c) if selected as a 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 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 on the 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 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 ANNOUNCEMENT: For the name of the Winner, available after September 19, 2010, send a self-addressed, stamped envelope to be received by October 15, 2010 to: Top Chef Ultimate Reward Sweepstakes Winner List, c/o Bravo Media LLC, Attn: Abigail Cusick 30 Rockefeller Plaza, New York, NY 10112.
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