OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL
NOT INCREASE YOUR CHANCES OF WINNING
How
To Enter: Food Network Castello di Casole – A Timbers Resort Sweepstakes (the
“Sweepstakes”): Beginning October 4, 2016 at 12:01 AM (ET) through November
21, 2016 at 11:59 PM (ET) (the “Entry Period”), go to foodnetwork.com/tuscany on
a computer or wireless device and fill out the form. 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: Winner[s] (individually
and collectively, the “Winner”) will be selected on or about November 22, 2016 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, 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 and a guest
will receive a four night stay for two in a one bedroom suite (double
occupancy) at Castello di Casole, ARV: $3,575; daily breakfast for two, ARV:
$100; tasting dinner at Tosca for two, ARV: $200; massage for two, ARV: $350;
pizza/pasta making class for two, ARV: $180 and a $4,000 check that may be used
for travel. Total ARV: $8,405. TRANSPORTATION NOT PROVIDED. 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 discretion, subject to availability, and
blackout dates may apply. Winner must travel on dates specified by Sponsor. 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. Winner
will be solely responsible for all meals, incidental expenses, tips and
gratuities, income and other taxes, air and ground transportation, and all
other costs and expenses not otherwise specified herein. All travelers must
possess valid travel documents. The
travel companion of Winner must execute a Publicity/Liability Release prior to
departure. 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 any one
or more potential Winner(s) fails to respond as stated above, declines the
prize or fails to provide signed affidavits or releases, such Winner(s) will be
deemed to forfeit the prize and Sponsor will select an alternate Winner(s) from
the remaining eligible entrants. If any alternate(s) 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(s) 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(s) of the Winner(s), send a
separate self-addressed, stamped envelope to Food Network Castello di Casole –
A Timbers Resort Sweepstakes Winners’ List, Hearst Communications, Inc., 300 West 57th Street NY, NY 10019
within two (2) months from the Winner notification date as specified above.
1.
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. .
2.
ELIGIBILITY: Open to legal residents of the 50 United
States and the District of Columbia, who have reached the
age of majority (specifically, this is age 18 in
all U.S. states and the District of Columbia, except in Alabama, Delaware and
Nebraska, where it is 19, and Mississippi, where it is 21) 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.
3.
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 (or, if a minor, in the name of the minor) 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 (and parent or legal guardian if Winner
is a minor) 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.