Eataly Sweepstakes Official Rules

Document Sample
Eataly Sweepstakes Official Rules Powered By Docstoc
					Eataly Sweepstakes Official Rules                                                                   • Roundtrip ground transportation between the Bologna Airport and the hotel (ARV of $80.00);
                                                                                                    • Hotel accommodations (double occupancy) for five days and four nights with four breakfasts and
                                                                                                    two dinners included (ARV of $400.00);
                                                                                                                                                                                                                assigns, licensors, advertising, promotional, or judging agencies and any Prize-sponsoring
                                                                                                                                                                                                                agency (collectively, “Released Parties”), from any and all liability whatsoever in connection
                                                                                                                                                                                                                with or related to this Sweepstakes, including, without limitation, from any and all causes
NO PURCHASE NECESSARY. THIS SWEEPSTAKES IS OPEN TO NEW YORK, NEW JERSEY AND                         • Two (2) Biografilm Festival Cards to participate in all the events of the Biografilm Festival betwe-      of action, liabilities, suits, claims (including but not limited to, third party claims that may
CONNECTICUT STATE RESIDENTS ONLY. VOID WHERE PROHIBITED BY LAW.                                     en June 15th and June 19, 2011 (ARV of $128.00);                                                            be made against entrants, and claims arising out of or relating to acceptance, receipt,
                                                                                                    • Two (2) exclusive invitations to attend a cocktail reception with the special guests of Biografilm        possession or use/misuse of the Prize, or any publicity or other public exposure of entrants,
1. SWEEPSTAKES. The EATALY SWEEPSTAKES (the “Sweepstakes”) begins at 10:00AM U.S.A.                 (ARV of $100.00);                                                                                           including without limitation, claims concerning infringement or invasion of entrants’ privacy
Eastern Daylight Time (“EDT”) on May 1, 2011 and ends at 9:00PM U.S.A. EDT on May 15,               • Dinner for two at Eataly Bologna (ARV of $80.00)                                                          or publicity rights, or defamation, or acts undertaken in preparation for, or participation in,
2011 (the “Entry Period”). Odds of winning depend on the number of eligible entries received        • Travel insurance (ARV $285.00)                                                                            the Sweepstakes), cross-claims or counterclaims, costs, injuries, illness, losses or damages
during the Entry Period. The Sweepstakes is sponsored by EATALY U.S.A. LLC (“Sponsor”). The                                                                                                                     or demands of any kind (including, without limitation, personal injuries, travel delays,
Sweepstakes is subject to the eligibility guidelines below.                                         (Alcoholic beverages, lunches, room service, two dinners, souvenirs, ground transport other than            death, damage to, loss or destruction of property, rights of publicity or privacy, defamation,
                                                                                                    that specified above, and any other incidentals not set out above are not included in the Prize.)           or portrayal in a false light) (collectively, “Claims”), WHETHER OR NOT ARISING FROM THE
2. ELIGIBILITY. This Sweepstakes is open only to legal residents of New York, New Jersey, and       Total ARV of the Prize is $ 3,673.00. The award of the Prize is subject to the restrictions set forth in
Connecticut who are 21 years of age or older at the beginning of the Entry Period. Employees,                                                                                                                   NEGLIGENCE OF A RELEASED PARTY; (c) to assume all risks, express or implied, associated
                                                                                                    these Official Rules.                                                                                       with all Claims released above, including without limitation, all risks concerning entry into
agents and representatives of the Sponsor, Eataly USA LLC, the Biografilm Festival and the
Emilia-Romagna Regional Tourism Board and its or their member companies and each of                 5. PRIZE RESTRICTIONS. The Prize will be awarded to one eligible entrant. Sponsor reserve(s) the            and participation in the Sweepstakes; and (d) that NEITHER SPONSOR OR BIOGRAFILM
their respective parents, affiliates, subsidiaries, franchises, advertising and promotion/mar-      right, in its sole discretion, to substitute a prize or prizes of equal or greater value for any and all    FESTIVAL, NOR ANY OF THE RELEASED PARTIES HAVE MADE OR MAKE OR ARE RESPONSIBLE
keting agencies, public relations and fulfillment companies, and any other party associated         prizes. No other substitutions or cash equivalents allowed unless specifically authorized by Sponsor.       OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESSED OR IMPLIED,
with the development or administration of the Sweepstakes, and members of their immediate           The Prize may not be assigned or transferred. In the event that the Biografilm Festival is canceled         RELATIVE TO THE SWEEPSTAKES OR THE PRIZE, INCLUDING BUT NOT LIMITED TO, ITS QUALITY
families (defined as spouse, parent, sibling, child and respective spouses regardless of where      for any reason, the Prize shall consist only of those remaining components of the Prize as Sponsor          OR FITNESS OR MERCHANTABILITY, AND THE PRIZE IS TENDERED TO ENTRANTS ON AN “AS
they reside) and/or those living in the same household of such persons (whether related or          determines are unaffected by the cancellation. The winner is solely responsible for all expenses,           IS” BASIS.
not) are not eligible to participate.                                                               costs and fees associated with acceptance and/or use of a prize(s) including, without limitation,           Notwithstanding anything to the contrary contained in these Official Rules, Sponsor further
                                                                                                    arranging and paying for ground transportation to and from the New York City metro airport chosen           reserves the right, in its sole discretion, to suspend, modify or cancel the Sweepstakes, or any
3. HOW TO ENTER. Visit Eataly NY located at 200 5th Avenue (at 23rd Street) in New York,            by Sponsor, arranging and paying for necessary travel documents including passport(s) for travel
New York and complete, in its entirety, and submit an official Sweepstakes entry form at that                                                                                                                   portion thereof, if it cannot be run as originally planned, including by reason of tampering,
                                                                                                    between the USA and Italy, and reporting and paying any and all applicable federal, state and local         unauthorized intervention or fraud, or force majeure or other causes beyond the control of
location, including providing a valid e-mail address and telephone number and any other             income and other taxes. ALL FOREIGN, FEDERAL, STATE, PROVINCIAL, AND LOCAL TAXES ASSOCIA-
requested information (“Entry” or “Entries”) during the Entry Period. All Entries become the                                                                                                                    Sponsor which impair the integrity or corrupt the administration or security of the Sweep-
                                                                                                    TED WITH THE RECEIPT OR USE OF ANY PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER.                        stakes. In such event, the Sweepstakes shall be conducted from among all eligible Entries
property of Sponsor and Biografilm Festival and will not be acknowledged or returned. Entry
into the Sweepstakes constitutes permission for Sponsor and Biografilm Festival, and its and        Components of the Prize consists of only those items specifically listed as part of the Prize. All          received prior to suspension, modification or cancelation, if any, prior to the date on which the
their agents and representatives to use each entrant’s name, image, and likeness as well            foreign, federal, state, local and foreign laws, rules and regulations apply. There are no warranties       event that compromised the Sweepstakes occurred. A notice will be posted at Eataly and on
as the contents of an entrant’s Entry in advertising and for editorial, publicity, promotional,     that extend beyond the description on the face of any promotional materials of the Prize. An IRS            the following websites: and prior to and/or after
marketing and other purposes in all media now known or hereafter devised, without notice,           Form 1099 may be issued to the winner and winner may be required to provide his/her social                  (as appropriate) action has been taken by Sponsor.
compensation or other consideration by Sponsor or Biografilm Festival (except where prohi-          security number for reporting purposes. The Prize may be claimed by the Sweepstakes winner only,            In the event there is a discrepancy or inconsistency between disclosures or other statements
bited by law). If selected as the winner, entrants agree to participate in media interviews         and must be claimed within the specified time frame or will be forfeited. Correspondence will not           contained in any Sweepstakes materials (e.g., marketing, advertising or other ancillary
and media appearances on behalf of Sponsor and Biografilm after the Sweepstakes. Once               be acknowledged.                                                                                            documents) and the terms and conditions of these Official Rules, these Official Rules shall
an Entry has been submitted, the entrant will be officially entered into the Sweepstakes. An                                                                                                                    prevail, govern and control.
Entry cannot be revised or altered once submitted. No form of entry other than as specified         6. DRAWING AND NOTIFICATION. On or about May 16, 2011, Sponsor will conduct a random drawing
herein is permitted. Sponsor is not responsible for typographical errors, omitted details or        from among all eligible Entries received during the Entry Period. A potential winner will be notified       CAUTION: ANY ATTEMPT BY ANY PERSON TO UNDERMINE THE LEGITIMATE OPERATION OF THE
any other errors made by entrants. Sponsor will not be responsible for lost, late, illegible,       by phone and/or e-mail (in Sponsor’s sole discretion) no later than May 18, 2011. If the potential          SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN
destroyed, or otherwise mutilated or stolen Entries and Sponsor assumes no responsibility           winner cannot be reached within two (2) business days from the date of the drawing (including,              ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (IN-
for any error, omission, deletion, defect, delay, theft or destruction or unauthorized access       without limitation, due to a return of the Prize notification as undeliverable), fails to timely return     CLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST
to, or alteration of, Entries or other problems (whether due to technical problems or human         the Release Documents (defined below), cannot accept the Prize for any reason, or is found to be            EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
error (or any combination thereof). Sponsor is not responsible for incorrect or inaccurate entry    ineligible, an alternate winner may be selected at random from among the remaining eligible Entri-
information under any circumstances. Without limiting anything set out elsewhere in these           es received. Decisions of Sponsor are final and binding in all matters related to this Sweepstakes          Except where prohibited and subject to the releases and other provisions of these Official
Official Rules, in the case of any dispute, Entries will be deemed submitted by the Authorized      and not open to appeal.                                                                                     Rules, each entrant agrees that: (1) any and all disputes, claims and causes of action arising
Account Holder (as defined below) of the e-mail address, if any, included on the Entry.                                                                                                                         out of or connected with the Sweepstakes or any Prize awarded shall be resolved individually,
                                                                                                    The potential winner will be required to complete and submit an affidavit of eligibility, release of lia-   without resort to any form of class action, and exclusively by state or federal courts situated
“Authorized Account Holder” is defined as the natural person who is assigned to an e-mail           bility and, if legally permissible, a publicity release and other documentation as required by Sponsor
address by an Internet access provider, on-line service provider, or other organization (e.g.,                                                                                                                  in the State of New York; (2) any and all claims, judgments and awards shall be limited to
                                                                                                    (“Release Documents”). The Release Documents must be completed, signed, notarized and                       actual out-of-pocket costs incurred, but in no event attorneys’ fees, associated with entry
business, educational institution, etc.) that is responsible for assigning e-mail addresses for     returned within the time period specified therein or the potential winner may be disqualified and an
the domain associated with the submitted e-mail address. An entrant may be required to                                                                                                                          into the Sweepstakes; (3) no indirect, punitive, incidental, special, consequential or other
                                                                                                    alternate winner selected by random drawing. Acceptance of the Prize constitutes permission for             damages, including without limitation lost profits may be awarded (collectively, “Special
provide Sponsor with proof that he/she is the Authorized Account Holder of the e-mail address       Sponsor and its agents, representatives and designees to use the winner’s name, image/likeness,
associated with his/her Entry.                                                                                                                                                                                  Damages”), and (4) entrant hereby waives all rights to claim Special Damages and all rights
                                                                                                    photograph and biographical material for advertising, trade and other promotional purposes                  to have such damages multiplied or increased. New York law governs the Sweepstakes and
Limit one (1) Entry per person during the Entry Period. Multiple Entries from one person            throughout the world, in perpetuity, in any and all forms of media, now known or hereafter devised,         all aspects related thereto.
during the Entry Period may, in Sponsor’ sole discretion, disqualify all such Entries. Entries      without notice, compensation or consideration (except where prohibited by law).
received after the close of the Entry Period will not be considered. Entries not complying in all   Upon contacting a potential winner and determining that he/she has met all eligibility requirements         8. OFFICIAL RULES/WINNER NAME. A copy of the Official Rules will be available at Eataly NY
respects with the Official Rules are subject to disqualification. By entering the Sweepstakes,      of the Sweepstakes, including without limitation, the execution of required Release Documents               during the Entry Period. For the name of the winner (available after June 1, 2011 ) and/or a
each entrant agrees on behalf of himself/herself, and his/her executors and heirs, that he/she      and any other documentation required by Sponsor within the timeframe specified by Sponsor, such             hard copy of the Official Rules (must be postmarked by June 3, 2011, send a self-addressed
have no right to bring, and covenant not to bring, any claim, action, or proceeding of any kind     individual will be declared the “winner” of the Sweepstakes. The winner will be announced publicly          stamped envelope to EATALY 45 EAST 20TH ST, 9TH FLOOR, NEW YORK, NY 10003 Attn: AMY
or nature whatsoever against the Released Parties (as defined below). Proof of submitting an        on or about June 1, 2011.                                                                                   BJORK. All requests for name of the winner of the Sweepstakes must be received by June 10,
Entry will not be deemed to be proof of receipt by Sponsor.                                                                                                                                                     2011.
                                                                                                    7. GENERAL CONDITIONS. By entering the Sweepstakes, each entrant, on behalf of himself/herself,
Entries that have been tampered with or altered are void. Sponsor reserves the right to prohibit    and his/her executors and heirs, agrees (a) to be bound and abide by these Official Rules and by            9. SPONSOR.
the participation of an individual failing to comply with any provision in these Official Rules.    all decisions of Sponsor whose decisions are final and not open to appeal; (b) to release, indemnify,
4. PRIZES/APPROXIMATE RETAIL VALUE (“ARV”).                                                         defend and hold harmless Sponsor, the Biografilm Festival, the Emilia-Romagna Regional Tourism              EATALY USA LLC
• Roundtrip coach airfare for two (2) persons traveling between the New York metro area and         Board and its and their member companies, and its and their parents, subsidiaries, affiliates,              200 Fifth Avenue
Bologna, Italy’s Bologna Guglielmo Marconi Airport (ARV of $2,600.00);                              members, shareholders, agents, representatives, employees, suppliers, agencies, successors,                 New York, New York 10010
                                             WANTS YOU TO WIN

                            A TRIP FOR TWO TO BOLOGNA, ITALY
                           BETWEEN JUNE 14, 2011 AND JUNE 19, 2011
                                TO ATTEND THE 7th ANNUAL
                                       BIOGRAFILM FESTIVAL
                                           AND ENJOY EATALIAN FOOD


                                         2011 BIOGRAFILM FESTIVAL
                                               BOLOGNA, ITALY
please visit Eataly NY, 200 Fifth Avenue, New York, New York 10010. Sweepstakes entry period begins at 10:00 am EDT on May 1, 2011 and ends at 9:00 pm EDT on May 15,
2011. During the Sweepstakes entry period, the Official Rules may be viewed at and Open only to legal residents of
New York, New Jersey, Connecticut (and their guests) who are 21 years of age at the time of entry. Limited to one completed entry form per person. Sweepstakes
winner and guest must each have a valid passport and all visas and other documents necessary to travel roundtrip USA/ITALY/USA on June 14 and 19, 2011. Air travel
between the NY metro area and Bologna, Italy is roundtrip coach on carrier and from airport selected by Sponsor, BIOGRAFILM AND THE EMILIA-ROMAGNA TOURISM
BOARD. Officers, directors and employees of Sponsor and Biografilm, and their immediate family members and all those with whom they are domiciled, are not
eligible to participate in the Sweepstakes. Prize consists only of roundtrip airfare, hotel accommodations, four breakfasts and two dinners, ground
transportation to/from airport in Bologna and festival benefits for 2 people. Winner is responsible for payment of all taxes and all other costs not included
in the Prize, including transportation to/from airport in the US. Sweepstakes drawing is on May 16, 2011 and, following notification by Sponsor, Prize winner will
have 2 days to accept the Prize by completing and returning the acceptance and eligibility forms furnished by Sponsor or another winner may be selected.
                                                   Biografilm festival’s partners


Shared By: