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: Food Network Store Instant Win Sweepstakes (the “Promotion”):
Look for the Instant Win
Sweepstakes code in the December 2015 issue of Food Network Magazine, available
via subscription as early as November 16, 2015 and at newsstands approximately
November 24, 2015 to January 5, 2016, while supplies last. Exact dates may vary depending on newsstand. There
are two (2) ways to enter: Beginning November 16, 2015 at 12:01AM (ET) through December
10, 2015 at 11:59 PM (ET) (the “Entry Period”), either (i) go to foodnetwork.com/instantwin2015
(“Promotion Site”) on a computer or wireless device
and complete and submit the entry form, along with the twelve-digit
alphanumeric Instant Win Sweepstakes code (“Official Code”), pursuant to the
on-screen instructions; or (ii) send an email to foodnetworkinstantwin@hearst.com
from a computer or wireless device and you will receive an automatic
reply containing the Official Code; then follow the directions in subsection
(i).
Important Notice: You may be charged for
visiting the mobile website in accordance with the terms of your service
agreement with your carrier. If you submit the Official
Code at a randomly pre-determined winning moment, or, if no one submits the Official
Code at a randomly pre-determined winning moment and you are the first person
to submit the Official Code immediately following such winning moment, you will
be served a pop-up window which reveals a winning message, and you may have won
the prize specified, subject to verification of eligibility and the terms of
these Official Rules. The winning date and time is randomly predetermined by the
Sponsor, whose decisions are final on all matters relating to this
Promotion. If the pop-up window you are
served contains any message other than a winning message, you are not a winner.
The odds of winning are the same regardless of method of entry. Each person can
only enter one time during the Entry Period. 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.
2. Winner Selection: All eligible entries will be time-stamped
on the date of receipt. One (1) winner (the
“Winner”) will be selected during the Entry Period from among all eligible
entries received using the predetermined
winning date and time. In the event the
Sponsor does not receive any eligible entries, the Sponsor has the right to
cancel the Promotion. Prizes &
Approximate Retail Value: One Winner will receive a $1,000 check
which may be used at the Food Network Store (“Prize”).
3.
WINNER
NOTIFICATION: Winner will be notified during the Entry Period or shortly
thereafter, via e-mail and/or at Sponsor’s discretion, via phone, postal mail,
or overnight delivery service. In the event the Winner doesn’t respond to
Sponsor’s notification or does not accept the prize within twenty-four (24) hours
of notification, the prize will be deemed forfeited and an alternate Winner
will be selected from the remaining eligible entrants using another
pre-determining winning date and time stamp. In the event of Sponsor’s
inability to contact a potential Winner within a reasonable time period, or any
potential winner’s non-compliance with these Official Rules, or in the event that
any one or more potential Winner(s) fails to respond as stated above, declines
the Prize, or any prize/prize notification is returned as undeliverable, or if a
potential Winner fails to provide signed affidavits or releases, such potential
Winner will be deemed disqualified and will forfeit the Prize and Sponsor will
select an alternate Winner from the remaining eligible entrants using another
predetermined winning date and time stamp. If any alternate(s) similarly fails
to respond or declines the prize, or becomes ineligible due to any of the above
conditions, Sponsor will use a reasonable number of attempts, in its
discretion, to award the Prize to another alternate but if it is unable to do
so, the Prize will be finally forfeited and Sponsor shall have no further
liability in connection with this Promotion. List of Winner: For the name of the Winner (available after
January 15, 2016), send a separate
self-addressed, stamped envelope to Food
Network Store Instant Win Sweepstakes Winner’s List, Hearst Communications,
Inc., 300 West 57th Street for receipt no later than February 16,
2016.
4.
ENTRIES: Limit one (1) entry
per person for Promotion. 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. Entries, Official Codes, and/or
winning messages generated using macro, robotic, script, or other forms of
automatic entry or any means which subvert the entry process will be void. All
entries become the property of the Sponsor and will not be returned. If due to a printing, production,
typographical, human, seeding, computer, technical, or other error, more prizes
are claimed than the number set forth in these Official Rules, Sponsor reserves
the right to award the stated number of prizes at random from among all
verified and validated prize claims received.
In no event will Sponsor be liable for awarding more than the advertised
number of prizes.
5.
ELIGIBILITY: Open to legal residents of the 50 United
States, the District of Columbia and Canada (excluding Quebec), who are 21
years of age or older at time of entry. Void in Puerto Rico and where
prohibited by law. Employees of Hearst Communications, Inc. (“Sponsor”) and Scripps
Inc. and their respective parents, affiliates and subsidiaries, participating
advertising and promotion agencies, the independent judging organization, and
prize suppliers (and members of their immediate family, spouse and parents,
children, siblings and their respective spouses, regardless of where they
reside) and/or those living in the same household of each such employee,
whether or not related, are not eligible.
6.
CONDITIONS OF PARTICIPATION: Expenses not specifically included in prize
description and all taxes are the sole responsibility of the Winner. The 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, or otherwise in its sole discretion. The Winner is required to comply with any and
all applicable federal, state, 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 within forty-eight hours
following the date of first attempted notification. 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 Promotion. Winner may be required to sign and return an
Affidavit of Eligibility, a Liability Release and where legally permissible a
Publicity Release within forty-eight (48) hours following the date of first
attempted notification. Failure to
comply with this or any deadline may result in forfeiture of the prize and
selection of an alternate Winner which Sponsor will select from the remaining
eligible entrants using another predetermined winning date and time stamp. 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, Scripps
Inc., and any of their 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, Scripps Inc., any of their 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, Scripps Inc., 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,
notification, or permission, unless prohibited by law. By accepting prize, Winner
agrees to hold Sponsor, Scripps Inc., their advertising and promotion agencies
and their respective parent companies, subsidiaries, affiliates, partners,
representative agents, successors, assigns, officers, directors, and employees
(collectively, “Released Parties”) harmless for any injury or damage caused or
claimed to be caused, in whole or in part, directly or indirectly, by participation
in the Promotion or acceptance or use of any of the prizes (including, but not
limited to, any travel or activity related thereto, if applicable). Released Parties are not responsible for any
printing, typographical, mechanical or other error in the printing of the
offer, administration of the Promotion or in the announcement of the Prize.
7. RELEASE OF LIABILITY: Released Parties are
not liable for any entries, Official Codes, or prize claims which are lost,
late, garbled, illegible, misdirected, delayed, stolen, damaged, incomplete,
inaccurate or any combination thereof, or for any technical hardware or
software failures of any kind, any errors of any kind relating to or in
connection with the Promotion, whether human, mechanical, clerical, electronic,
network or technical in nature, lost or unavailable network connections, or
failed, incomplete, or delayed computer transmission which may limit a user's
ability to participate in the Promotion in any way, including without
limitation the incorrect or inaccurate capture of information, or the failure
to capture any information in connection with the Promotion.
Released Parties are not responsible for any problems or the technical
malfunction or electronic transmission errors of any telephone network or
lines, computer on-line systems, servers, or providers, software or hardware
equipment, or any combination thereof, including any injury or damage to
entrant’s or any other person’s computer or property related to or resulting
from participation with this Promotion or for any other errors or problems of
any kind, whether technical, computer, typographical, printing, human or
otherwise, including but not limited to, errors or problems which may occur in
connection with the administration of the Promotion, the processing of entries
or prize claims, the announcement of the prizes or in any Promotion-related
materials, including but not limited to errors resulting in omission,
interruption, deletion, defect, delay in operations or transmission, theft or destruction
or unauthorized access to or alternations 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 Released Parties 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 Promotion, Sponsor reserves the right at its sole discretion to cancel,
terminate, modify or suspend the Promotion. Sponsor reserves the right to
select winners from eligible entries received as of the termination date. If, for any reason, the Promotion is not
capable of running as planned, or if the Promotion or the Promotion Site (or
any portion thereof) becomes corrupted or does not allow the proper playing of
the Promotion and processing of entries in accordance with these Official
Rules, or if infection by computer virus, bugs, tampering, unauthorized
intervention, actions by entrants, fraud, technical failures, or any other
causes, in the Sponsor’s sole opinion, corrupts or affects the administration,
security, fairness, integrity, or proper conduct of the Promotion or the
granting of a prize or any component thereof, Sponsor reserves the right, in
its sole discretion, to disqualify any individual implicated in such action
(and void all associated entries) and/or to cancel, terminate, modify, or
suspend the Promotion or any portion thereof. Sponsor may prohibit an entrant
from participating in the Promotion if it determines that said entrant is
attempting to undermine the legitimate operation of the Promotion by cheating,
hacking, deception or other unfair playing practices or intending to abuse,
threaten or harass other entrants. In the event the Promotion is cancelled, and
to the extent possible as determined by Sponsor, Sponsor will determine the
Winner at random from among all eligible, non-suspect non-winning entries
received prior to the time of the action. In the event that Sponsor determines
that there are no eligible entrants, Sponsor reserves the right in its sole
discretion to not award the prizes (or any portion thereof). ANY ATTEMPT BY AN ENTRANT OR ANY OTHER
INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE (INCLUDING THE PROMOTION SITE)
OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF
CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES
THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM
ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Released Parties assume no responsibility for
undeliverable e-mails resulting from any form of active or passive e-mail
filtering by a user's Internet service provider and/or e-mail client or for
insufficient space in user's e-mail account to receive e-mail. If a dispute
arises about who submitted an entry on the Promotion Site, the entry will be
deemed submitted by the authorized account holder of the e-mail account entered
and he/she must be eligible according to these Official Rules. The authorized
account holder is deemed the natural person who is assigned to an e-mail
address by an Internet access provider, service provider, or other online
organization that is responsible for assigning e-mail addresses for the domain
associated with the submitted e-mail address.
A potential winner may be requested to provide the Sponsor, within
forty-eight (48) hours of notification, with proof that he/she is the
authorized account holder of the e-mail address associated with the winning
entry (if applicable) and that all eligibility requirements are met.
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 Promotion and all aspects related
thereto.
9.
SPONSOR: The Sponsor of this Promotion is Hearst
Communications, Inc., 300 W. 57th Street, New York, NY 10019.