OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL
NOT INCREASE YOUR CHANCES OF WINNING
1.
HOW TO ENTER: BEAUTY MAKEOVER SWEEPSTAKES (the
“Sweepstakes”): Beginning April
12, 2016, at 12:01 AM (ET), through June 7, 2016, at 11:59 PM (ET) (the “Entry
Period”), go to foodnetwork.com/makeoversweepstakes on a computer or wireless
device and complete and submit the entry form pursuant to the onscreen
instructions. Important Notice: You may be charged for visiting the mobile
website in accordance with the terms of your service agreement with your
carrier. Please consult your wireless service provider regarding your pricing
plan. You must use a Smartphone device to participate via your mobile phone. Not
all mobile phone providers carry the necessary service to participate. Check
your phone capabilities for specific Internet instructions. If your data usage
exceeds what is allotted by your data plan, you could be subject to additional
fees by your carrier. Please contact your mobile service provider with any
questions regarding your bill. Winner
Selection: One
(1) Winner (individually and collectively, the “Winner”) will be
selected within (10) ten days from the last day of Sweepstakes in a random
drawing from among all eligible entries received. In the event the Sponsor does not receive any
eligible entries, the Sponsor has the right to cancel the Sweepstakes. Drawing will be conducted by Food Network
Magazine Editors whose decisions are final.
Odds of winning will depend upon the total number of eligible entries
received. In the event Canadians
are eligible to enter as specified in the Eligibility paragraph below, and if
there is a Canadian Winner, the Winner will be required to correctly answer a
mathematical skill testing question as a condition of receiving the prize. Prizes
& Approximate Retail Value: One (1) Winner will win a three
(3)-day/two (2)-night trip for Winner and one (1) Guest to New York City, New
York. Trip includes: round-trip coach air transportation to New York, New York,
for Winner and one (1) Guest from major airport nearest Winner’s residence
(ARV: up to $1,500, depending on Winner’s proximity to New York); hotel
accommodations (standard accommodations, single room, double occupancy) in New
York, NY, for Winner and one (1) Guest for three (3) days and two (2)
nights (ARV: $1,500); a behind-the-scenes tour of Food Network studios for
Winner and one (1) Guest. (ARV: $175); a beauty makeover at a spa in New York,
NY, for Winner and one (1) Guest (ARV: $1,000); one (1) gift basket of L’Oreal
AHC products (ARV: $35). Total ARV of prize package: $4,210. Any difference
between the stated ARV and the actual value of the prize will not be awarded in
any form. Hotel accommodations are at Sponsor’s sole discretion, subject to
availability, and blackout dates may apply. Selection of L’Oreal products
and spa facility for makeover are at Sponsor’s sole discretion, subject to
availability. Winner must travel within one year of Winner notification. If, in
the judgment of Sponsor, air travel is not required due to Winner’s proximity
to prize location, ground transportation will be at Winner’s sole expense and
no additional compensation will be provided. Arrangements must be made at least
30 days prior to departure. Once scheduled, the itinerary cannot be altered and
failure of Winner to follow such a schedule shall not obligate Sponsor in any
way to provide the winner with alternate arrangements. Food Network Tour is
only available Monday through Friday. Winner will be solely
responsible for all meals, incidental expenses, tips and gratuities, income and
airline taxes, hotel taxes and incidentals, ground transportation, and all
other costs and expenses not otherwise specified herein. All travelers must possess
valid travel documents.
2.
WINNER NOTIFICATION: Winner will be notified
within one (1) month of the last day of the Sweepstakes, via e-mail, and/or at
Sponsor’s discretion, via phone or postal mail. In the event the Winner doesn’t
respond to Sponsor’s notification or does not accept the prize within five (5)
business days of notification, the prize will be deemed forfeited and an
alternate Winner will be selected. In the event that the Winner fails to
respond as stated above, declines the prize or fails to provide signed
affidavits or releases, such Winner will be deemed to forfeit the prize and
Sponsor will select an alternate Winner from the remaining eligible entrants.
If any alternate similarly fails to respond or declines the prize, Sponsor will
use a reasonable number of attempts, in its discretion, to award the prize(s)
to another alternate but if it is unable to do so, the prize(s) will be finally
forfeited and Sponsor shall have no further liability in connection with this
Sweepstakes. List of Winner(s): For the name of the Winner, send a separate
self-addressed, stamped envelope to Food Network Magazine Beauty Makeover
Sweepstakes Winner, Hearst Communications, Inc., 300 West 57th
Street NY, NY 10019 within two (2) months from the Winner notification date as
specified above.
3.
ENTRIES: Limit one (1) entry per
person for Sweepstakes. Multiple entries
from the same person will be disqualified.
Entries become the property of the Sponsor and will not be returned. Proof of submission does not constitute proof
of receipt. If applicable, inaccurate,
lost, late, misdirected or incomplete or entry forms that have been tampered
with will be disqualified. Online
entrants must have valid email address and it is entrant’s responsibility to
update Sponsor of any change in email address.
If there is a dispute as to the identity of an online entrant, the prize
will be awarded to the authorized account holder of the email address. The “authorized account holder” is defined as
the natural person to whom the email address is assigned by an internet service
provider, online service provider, carrier, or other organization (e.g.,
business, educational institution, etc.) that is responsible for assigning the
email addresses for the domain associated with the submitted email
address.
4.
ELIGIBILITY: Open to legal residents of the 50 United
States and the District of Columbia, who have reached the
age of majority in their state or territory of residence at time of entry. Legal
residents of Canada (excluding Quebec) who have reached the aforementioned age
in their province of residence at time of entry are also eligible to enter.
Void in Puerto Rico and where prohibited by law. Employees of Sponsor, its
parents, affiliates and subsidiaries, participating advertising and promotion
agencies, independent judging organizations, and prize suppliers (and members
of their immediate family and/or those living in the same of household of each
such employee) are not eligible.
5.
CONDITIONS OF PARTICIPATION: Expenses not specifically included in prize
description and all taxes are the sole responsibility of the Winner. Each prize is awarded “as is” with no
warranty or guarantee, either express or implied outside of manufacturer's limited
warranty. No transfer, assignment or
substitution of a prize permitted, except Sponsor reserves the right to
substitute prize for an item of equal or greater value in the event an
advertised prize is unavailable. The
Winner is required to comply with any and all applicable federal, state,
provincial, if Canadians are eligible to enter, and local laws, rules and
regulations. All federal, state and
local taxes, and any other costs not specifically provided for in these
Official Rules are solely the Winner’s responsibility. If the actual retail
value of any Winner’s prize is $600 or more, the Winner must complete a W9 form
and supply Sponsor with his/her social security number for tax purposes. An IRS Form 1099 will be issued in the name
of the Winner for the actual value of the prizes received. Sponsor shall have
no responsibility or obligation to the Winner or potential Winner who are
unable or unavailable to accept or utilize prizes as described herein. Entrants
agree to be bound by the terms of these Official Rules and by the decisions of
Sponsor, which are final and binding on all matters pertaining to this
Sweepstakes. Winner may be required to
sign and return an Affidavit of Eligibility, a Liability Release and where
legally permissible a Publicity Release within seven (7) days following the
date of first attempted notification.
Failure to comply with this deadline may result in forfeiture of the
prize and selection of an alternate Winner.
Return of any prize/prize notification as undeliverable may result in
disqualification and selection of an alternate Winner. Winner hereby further
agrees that it will sign any documents necessary to transfer copyright of
his/her submitted entry, if applicable, to Sponsor within seven (7) days
following the date of first attempted notification. By entering, Entrant grants
permission for Sponsor, and any of its affiliates and subsidiaries,
participating advertising and promotion agencies, and prize suppliers to use
the entrant’s submission (including an altered form of the entry), if any, for
editorial, advertising and promotional purposes without additional
compensation, unless prohibited by law. If images are being submitted to
Sponsor as a requirement for entry, Entrants agree that they have all rights to
use the images submitted and to allow Sponsor, any of its affiliates and
subsidiaries, participating advertising and promotion agencies, and prize
suppliers to reuse any of the images, without any liability, for editorial,
advertising and promotional purposes. Additionally, acceptance of the prize by
Winner constitutes permission for Sponsor and any affiliates and subsidiaries,
participating advertising and promotion agencies, and prize suppliers to use
Winner’s name and/or likeness and biographical material for editorial,
advertising and promotional purposes without additional compensation, unless
prohibited by law. By accepting prize, Winner agrees to hold Sponsor, its
advertising and promotion agencies and their respective parent companies,
subsidiaries, affiliates, partners, representative agents, successors, assigns,
officers, directors, and employees harmless for any injury or damage caused or
claimed to be caused by participation in the Sweepstakes or acceptance or use
of the prize. Sponsor is not responsible
for any printing, typographical, mechanical or other error in the printing of
the offer, administration of the Sweepstakes or in the announcement of the
prize.
6. REPRESENTATIONS AND WARRANTIES /
INDEMNIFICATION: By participating in the
Sweepstakes, entrant warrants and represents that his/her entry is original to
the entrant, has not been previously published or won any award, and does not
contain any material that would violate or infringe upon the rights of any
third party, including copyrights (including, without limitation, copyrighted
images or footage), trademarks or rights of privacy or publicity. Modification
of an existing image does not count as original for purposes of this
Sweepstakes. The entrant further warrants and represents that entrant has all
appropriate clearances, permissions and releases for the entry, including
releases from all persons appearing in the photograph, location releases for
all recognizable locations, and releases from anyone who assisted in the
creation of the photograph. The entrant must be able to provide on request all
appropriate clearances, permissions and releases for the entry, including
releases from all persons appearing in the photograph, location releases for
all recognizable locations and releases from anyone who assisted in the
creation of the photograph. The image must not contain any personally
identifiable information of any person. Excepting those of Sponsor, the image
must not contain or reference any names, products or services of any company or
entity or any third party trademarks, logos, trade dress or promotion of any
brand, product or service. If any person
appearing in the image is under the age of majority in their state of
residence, the written consent and signature of a parent or legal guardian is
required. At Sponsor’s request, and in its sole discretion, Entrants may be
required to execute an assignment and release transferring all rights and
ownership of their image to Sponsor, the form of such assignment to be
determined by Sponsor. In the event an entrant cannot provide all required
releases, Sponsor reserves the right, in Sponsor’s sole discretion, to
disqualify the applicable entry or seek to secure the releases and clearances
for Sponsor’s benefit. The photograph may not feature nudity or obscene
language or material that is libelous or defamatory. Each entrant hereby agrees
to indemnify and hold the Sweepstakes entities harmless from and against any
and all third party claims, actions or proceedings of any kind and from any and
all damages, liabilities, costs and expenses relating to or arising out of any
breach or alleged breach of any of the warranties, representations or
agreements of entrant hereunder. Sponsor reserves the right in its sole and
unfettered discretion to disqualify any entry that it believes contains obscene,
offensive or inappropriate content, that does not comply with these Official
Rules or that is not consistent with the spirit or theme of the Sweepstakes.
Entries that do not comply with the above requirements may not be eligible,
and, if submitted, may be removed at any time in Sponsor’s sole discretion. By
participating in the Sweepstakes, each entrant unconditionally accepts and
agrees to comply with and abide by these Official Rules and the decisions of
Sponsor, which shall be final and binding in all respects.
7.
INTERNET/mobile:
Sponsor is not responsible
for electronic transmission errors resulting in omission, interruption,
deletion, defect, delay in operations or transmission, theft or destruction or
unauthorized access to or alterations of entry materials, or for technical,
network, telephone equipment, electronic, computer, hardware or software
malfunctions or limitations of any kind, or inaccurate transmissions of or
failure to receive entry information by Sponsor or presenter on account of technical
problems or traffic congestion on the Internet, at any Web site, or via the
mobile phone or any combination thereof.
If for any reason the Internet or mobile phone portion of the program is
not capable of running as planned, including infection by computer virus, bugs,
tampering, unauthorized intervention, fraud, technical failures, or any other
causes which corrupt of affect the administration, security, fairness,
integrity, or proper conduct of this Sweepstakes, Sponsor reserves the right at
its sole discretion to cancel, terminate, modify or suspend the Sweepstakes.
Sponsor reserves the right to select winners from eligible entries received as
of the termination date. Sponsor further
reserves the right to disqualify any individual who tampers with the entry
process. Sponsor may prohibit an entrant
from participating in the Sweepstakes if it determines that said entrant is
attempting to undermine the legitimate operation of the Sweepstakes by
cheating, hacking, deception or other unfair playing practices or intending to
abuse, threaten or harass other entrants.
Caution: Any attempt by a participant to deliberately damage any Web
site or undermine the legitimate operation of the Sweepstakes is a violation of
criminal and civil laws and should such an attempt be made, Sponsor reserves
the right to seek damages from any such participant to the fullest extent of
the law.
8.
DISPUTES/CHOICE OF LAW: Except
where prohibited, each entrant agrees that: (1) any and all disputes, claims
and causes of action arising out of or connected with this or any prize awarded
shall be resolved individually, without resort to any form of class action, and
exclusively by state or federal courts situated in New York, NY, (2) any and
all claims, judgments and awards shall be limited to actual out-of-pocket costs
incurred, but in no event attorneys' fees; and (3) no punitive, incidental,
special, consequential or other damages, including without limitation lost
profits may be awarded (collectively, "Special Damages"), and (4) entrant
hereby waives all rights to claim Special Damages and all rights to have such
damages multiplied or increased. New
York State law, without reference to New York’s choice of law rules, governs
the Sweepstakes and all aspects related thereto.
9.
SPONSOR: The Sponsor of this Sweepstakes is Hearst Communications, Inc.,
300 W. 57th Street, New York, NY
10019.