DF Bistro MD Sweepstakes Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
This Sweepstakes is in no way sponsored, endorsed or administered by Facebook®. You are providing your information to Sponsor and/or the Platform Administrator, and not to Facebook. The information provided will only be used as described in the Privacy section below.1. ** 1. Eligibility.** The DF Bistro MD Sweepstakes (the “Sweepstakes") is open only to legal residents of the 50 United States and the District of Columbia, who are at least eighteen (18) years of age at the time of entry. Employees, agents, officers, and directors of Remedy Health Media LLC (”Sponsor”), Vocus Social Media, LLC (“Platform Administrator”) and each of their affiliates, subsidiaries, divisions, advertising, fulfillment and marketing agencies and anyone involved in the development, production, distribution of materials for, and coordination of this Sweepstakes (collectively, the “Sweepstakes Parties”) and immediate family members (spouse, parents, siblings and children) and persons living in the same households as such individuals (whether related or not) are not eligible to participate in the Sweepstakes. Subject to all applicable federal, state and local laws and regulations. Void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2.** Timing.** The Sweepstakes begins at 12:00:01 a.m. Eastern Time (“ET”) on August 17, 2012 and ends at 11:59:59 p.m. ET on November 4, 2012 (“Sweepstakes Period”). Platform Administrator’s computer is the official time keeping device for the Sweepstakes.
Mail-in Alternate Method of Entry. To enter the Sweepstakes without online access, hand-print your name, address, day and evening phone numbers, email address (if any), and age on a 3” x 5” piece of paper and mail it to: DF Bistro MD Sweepstakes, Remedy Health Media, LLC, 500 Fifth Ave., Suite 1900, New York, NY 10110. Mail-in entries must pot marked no later than the end of the Sweepstakes Period.
LIMIT: One entry per person/per email, regardless of method of entry.
Multiple participants are not permitted to share the same email address. Any attempt by any participant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that participant’s entries and that participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, which will be disqualified. In the event of a dispute as to any entry, the authorized account holder of the email address used to register will be deemed to be the entrant. The “authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder. Entrants agree to be bound by all decisions of Sponsor, which are finding and final.
4.** Winner Selection, Notification and Odds.** At the close of the Sweepstakes Period, Sponsor will select the potential prize winner by a random drawing from among all entries received. The random drawing will be held on or about November 6, 2012. The potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The potential Sweepstakes winner will be notified by email after the date of random drawing. The potential winner may be required to sign and return to Sponsor, within five (5) days of the date notice is sent, an affidavit of eligibility and liability/publicity release (except where prohibited) (collectively, the “Releases”) in order to claim the prize. If the potential winner cannot be contacted, or fails to sign and return the Releases within the required time period (if applicable), the potential winner forfeits the prize and will be disqualified. In the event that a potential winner is disqualified for any reason, Sponsor will select an alternate potential winner by random drawing from among all remaining eligible entries. The alternate winner must be verified in accordance with these Official Rules.** Odds of winning depend upon the number of eligible entries received.2. ** 5.** Prizes.** One (1) Grand Prize will be awarded. The Grand Prize consists of: a pair of two-week packages of Bistro MD meals delivered to your door ($260.00).Total ARV of the Grand Prize is $260.00.
6.** Prize Restrictions and Conditions.** Prize will be awarded only if potential prize winner fully complies with these Official Rules. No cash equivalent or substitute of any prize is offered. No transfer or assignment of any prize is permitted. If a prize, or any portion thereof cannot be awarded for any reason, Sponsor reserves the right to substitute such prize for another prize of equal or greater value, as determined by Sponsor in its sole discretion. WINNER IS LIABLE FOR ALL TAXES IN CONNECTION WITH ANY PRIZE AWARDED HEREUNDER. If required based on the prize value, Sponsor will prepare an IRS Form 1099 for entrant and supply such information (which may include copy of photo identification, birthdate and social security number) to the local, state and federal taxing agency in accordance with all applicable laws. Sponsor makes no warranties and hereby disclaims all warranties, express or implied, concerning any prize furnished in connection with the Sweepstakes. WITHOUTH LIMITING THE GENERALITY OF THE FOREGOING, PRIZES ARE AWARDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.
7.** Publicity.** Except where prohibited, by entering the Sweepstakes, winner grants the Sweepstakes Parties a worldwide, perpetual, unlimited, irrevocable, royalty-free right and license to use their name, city and state of residence, photo, image, voice, and likeness, in connection with the Sweepstakes in any manner and in any media and content whether now existing or later invented without any restrictions, including without limitation, in future trade, publicity and/or advertising for such Sweepstakes Parties products and/or services, unless prohibited by law.
8.** Release.** By entering, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators to release and hold harmless the Sweepstakes Parties Facebook, Inc., and its subsidiaries and their respective affiliates, parents, owners, franchisees, officers, directors and employees (collectively, the “Released Parties”) from and against any liability, claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, whether caused by negligence or not, arising out of participation in the Sweepstakes or receipt or use or misuse of any portion of the prize, entry or participation in the Sweepstakes or in any Sweepstakes or prize related activity, or any access to or use of the Sweepstakes website, or any claims based on publicity rights, defamation or invasion of privacy, or merchandise delivery.
9.** Limitations of Liability.** Released Parties are not responsible for: (i) technical problems or technical malfunction which may affect the operation of the Sweepstakes, including, but not limited to, any of the following occurrences (a) hardware or software errors; (b) faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; © errors or limitations of any Internet Service Provider (“ISP”), servers, hosts or providers; (d) garbled, jumbled or faulty data transmissions; (e) failure of any e-mail transmissions to be sent to or received; (f) any inability to upload or download any information in connection with participation in the Sweepstakes; (g) inaccessibility of any website, in whole or in part for any reason; (h) lost, late, delayed, corrupted or intercepted e-mail or video transmissions; (ii) unauthorized human or non-human intervention of the operation of the Sweepstakes, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; (iii) destruction of any aspect of the Sweepstakes, or loss, miscount, misdirection, inaccessibility or unavailability of an account used in connection with the Sweepstakes, including but not limited to, undeliverable contact attempts that result from any form of active or passive e-mail filtering or for insufficient space in entrant’s account to receive e-mail; (iv) any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on any website; and (v) any personal injury, or property damage or losses of any kind which may be sustained to user’s or any other person’s computer equipment resulting from participation in the Sweepstakes, use or misuse of any prize, use of any website, or the download of any information from any website.
10.** General Terms.** Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prize at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, the official rules of any other sweepstakes or promotion, or to be acting in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
11.** Disputes.** Except where prohibited, participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Southern District of New York or the appropriate New York State Court located in New York; (2) any and all claims, judgment, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes or participating in the Sweepstakes, but in no event attorneys’ fees; (3) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of laws rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. Participants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction they may have.
Winner’s name AND Official Rules. Winner’s name, city, and state will be posted on http://www.healthcentral.com on or about November 15, 2012. For the name of the winner and/or a copy of the Official Rules, send a self-addressed, stamped envelope to be received by February 2, 2012 to: DF Bistro MD Sweepstakes Official Rules and/or Winner, 500 Fifth Ave., Suite 1900, New York, NY 10110. Vermont residents may omit return postage. Official Rules are also available at the Sweepstakes entry website during the Sweepstakes Period.
- 13.** Sponsor.** Remedy Health Media LLC, 500 5th Avenue, 19th Floor, New York, NY 10110.
The use of any prize manufacturer, name or trademark in connection with any of the prizes is solely for the purpose of describing such prize, and is not intended to suggest any affiliation or sponsorship.
© 2012 Remedy Health Media LLC. All rights reserved.
Sara is a former editor for HealthCentral.