Hell’s Kitchen Super Perks Sweepstakes
OFFICIAL
SWEEPSTAKES RULES
NO PURCHASE OR PAYMENT
NECESSARY TO ENTER OR WIN.
The following promotion is
intended for participants in the forty-eight (48) contiguous United States only and shall be construed and
evaluated according to the laws of the United States. Do not proceed to
enter this promotion if you are not a legal resident of the United States. Further eligibility
restrictions are contained in the official rules ("Official Rules")
below.
1. DESCRIPTION: The Hell’s Kitchen Super Perks Sweepstakes (the "Sweepstakes") begins on June 11, 2012 at 11:59
am Pacific Time (“PT”) and ends on August
31, 2012 at 11:59 pm PT (“Sweepstakes
Period”). The Sponsor of this
Sweepstakes is FOX Broadcasting Company, 10201 West Pico Boulevard, Los
Angeles, California 90035 ("Sponsor").
2. ELIGIBILITY: Sweepstakes is open only to legal residents of
the forty-eight (48) contiguous United States and Washington, D.C. (i.e.,
excluding Alaska, Hawaii, Guam, Puerto Rico and all other U.S. territories and
possessions), who are physically located and residing therein. Each entrant ("Entrant")
must be eighteen (18) years of age or older at the time of entry. Each
Entrant must be the rightful owner (or have authorized use) of the e-mail address
identified in the Entrant's entry. In the event of a dispute as to the identity
of a winner, the winner will be deemed the person in whose name the e-mail
account associated with the provided e-mail address was opened. Employees,
shareholders, officers, directors, agents, and representatives of Sponsor, News
Corporation, Fox Entertainment Group, (collectively, "Sweepstakes
Entities"), and each of their respective parent companies, affiliates,
divisions, subsidiaries, agents, representatives and promotion and advertising
agencies, together with the immediate family members and those living in the
same household of such persons, are not eligible to participate in the
Sweepstakes.
3. HOW TO ENTER: Entrants
may participate in the Sweepstakes by visiting the Sweepstakes page located at www.fox.com/superperks
(the "Sweepstakes
Homepage") during the Sweepstakes Period. Follow the on-screen instructions and
complete the entry form by providing all of the information requested. After the form is completed, Entrant must
click the "Submit" button to receive one (1) entry into the
Sweepstakes. Limit of one (1) entry per
person for the duration of the Sweepstakes Period. Entry must be received by August 31, 2012 at
11:59 pm PT. If entries exceed the entry
limitations, the Entrant may be disqualified, at the Sponsor's sole discretion.
Entries generated by a script, macro or other automated means will be
disqualified. Entrants must accurately provide all of the requested information
to be eligible to win. Incomplete,
unreadable, or unintelligible entries will be disqualified. All information
provided by Entrants shall immediately become the property of Sponsor. ELIGIBLE
ENTRANTS MUST SUBMIT THE REQUESTED ENTRY INFORMATION IN ACCORDANCE WITH THESE
OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED. Participation
in the Sweepstakes constitutes Entrant's understanding of, and full and
unconditional agreement and acceptance of these Official Rules. Sponsor
reserves the right, in its sole discretion, to disqualify any Entrant that
Sponsor determines to be in violation of any term contained in these Official
Rules. Sponsor's decision not to enforce a specific provision of these Official
Rules does not constitute a waiver of that provision or of the Official Rules
generally. Sponsor has the right to change the
Sweepstakes Period, and all other dates or deadlines set in connection with
this Sweepstakes, at any time and in its sole discretion, and notice of any
such changes will be posted on the Sweepstakes Homepage.
4. ODDS: Odds of
winning the Sweepstakes depend on the number of eligible entries received
during the Sweepstakes Period.
5. PRIZES:
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Grand Prize (1)
|
Grand Prize winner (“GP Winner”) and one (1) guest will
receive 3-night trip to Los Angeles,
CA (the “Trip”) on or
around November 11, 2012. The Trip will consist of the following:
(a.)
One (1) round-trip coach class airfare for GP Winner and one (1) guest
from a major airport with regularly scheduled commercial flights closest to
the GP Winner’s permanent residence to a Los Angeles areas airport (or,
in Sponsor’s sole discretion, a cash payment to GP Winner of $500 in lieu of
air travel if GP Winner lives within a 200 mile radius to Los Angeles, CA);
(b.)
Three (3) nights hotel accommodations for GP Winner and his/her guest at a
hotel selected by Sponsor (one room, double occupancy, room & tax only);
(c.)
airport transfers (if applicable) and ground transportation to/from the
Event;
(d.)
$250 spending cash; and
(e.)
access for GP Winner and one (1) guest to attend the taping of a Hell’s
Kitchen dinner service (“Event”).
Approximate
Retail Value (“ARV”) of Grand Prize: $2,800
|
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First Prizes (20)
|
Twenty (20) first prize
winners will each receive a Hell’s Kitchen prize package consisting of one
(1) DVD of Hell’s Kitchen season 6 and
one (1) DVD of Hell’s Kitchen Season 7 (ARV: $29.99 each) and two (2) Hell’s
Kitchen branded t-shirts (ARV: $24.95 each).
AVR of each First Prize: $110
|
Total Cumulative Prize ARV: $5,000
TRAVEL FOR THE GRAND PRIZE WINNER IS SCHEDULED TO
COMMENCE ON OR AROUND NOVEMBER 11, 2012 WITH THE EXACT DATE TO BE DETERMINED AT
THE SOLE DISCRETION OF SPONSOR. During the Trip and as a condition of
receiving the Grand Prize, the GP Winner MUST be willing to document and share
his/her SUPER prize experience using a Flip camera to be provided on loan by
Sponsor for such purpose (the “Assignment
Materials”). Further instructions
regarding the Assignment Materials will be provided by Sponsor prior to the
Trip. The results and proceeds of all
such Assignment Materials shall be the exclusive property of Sponsor
immediately upon creation. Prior to and as a condition of receipt of the prize,
the GP Winner shall sign documents including a Release Agreement which includes
a work-for-hire clause to effectuate Sponsor’s ownership of the Assignment
Materials. Sponsor shall have no
obligation (express or implied) to use any Assignment Materials, or to
otherwise exploit any Assignment Materials or, if commenced, to continue the
distribution or exploitation thereof, and Sponsor may at any time abandon the
use of the Assignment Materials for any reason, with or without legal
justification or excuse, and the GP Winner shall not be entitled to any damages
or other relief by reason thereof.
The
actual value of the Grand Prize depends on the GP Winners’ place of residence
and the cost and availability of airfare and accommodations at time of booking
and travel. The actual Grand Prize value
may be substantially higher or lower than the ARV above. The GP Winner and his/her
guest are responsible for obtaining all necessary travel documents. Sweepstakes Entities will not obtain travel
insurance on behalf of the GP Winner or his/her guest. Any Trip costs in excess
of the costs provided in Paragraph 5 above shall be the sole responsibility of
the GP Winner. For the avoidance of doubt, the GP Winner shall be solely
responsible for all expenses not specifically set forth above, including but
not limited to, meals, beverages, gratuities, tips, additional ground
transportation expense, telephone charges, taxes, incidentals and other
personal expenses. The trip must be taken on the dates determined by Sponsor
and failure to travel on such dates will result in forfeiture of the Grand Prize. Travel is subject to flight and hotel
availability and blackout dates and other travel restrictions may apply. The GP Winner is responsible for all
applicable travel and other insurance, all applicable airport charges,
including, without limitation, any baggage charges, airport taxes, fuel charges
and any applicable Customs or Federal inspection fees. Sponsor reserves the
right, in its sole discretion, to change travel dates and to substitute any or
all of portions of the prize for a prize of comparable or greater value should such
portions of the prize become unavailable or impractical for any reason.
Admission to the Event has no associated cash value and if the Event is
cancelled or postponed for any reason, applicable portions of the prize will be
cancelled without substitution or compensation. GP Winner’s guest must be at least eighteen
(18) years of age or older.
HELL’S KITCHEN DINNER TAPING: THE GP WINNER AND HIS/HER GUEST SHALL NOT BE
ADMITTED TO THE HELL’S KITCHEN DINNER TAPING UNTIL EACH OF THEM HAS COMPLETED
AND SIGNED ALL REQUIRED RELEASES AND AGREEMENTS. The GP Winner and his/her guest understand
and agree to the following in connection with the Hell’s Kitchen Dinner
Taping: (i) They will adhere to all of Sponsor’s and ITV
Studios, Inc. guidelines and instructions while on the set of the Hell’s
Kitchen Dinner Taping; (2) The Hell’s Kitchen Dinner Taping is the videotape
production of a television program may take longer than expected and does not
guarantee that a meal or any food or beverages will be served; (iii) the GP
Winner and his/her guest will not have access to Gordon Ramsay or any
contestants or other participants or production personnel of Hell’s Kitchen;
(iv) no cameras, flip phones or other recording devices are allowed on the set;
(v) Sponsor and ITV reserve the unlimited right to cancel or discontinue the GP
Winner’s and his/her guest’s attendance at the Hell’s Kitchen Dinner Taping, or
to require them to leave the premises at any time for any reason.
ALL
FEDERAL, STATE AND LOCAL TAXES, AND ANY OTHER COSTS AND EXPENSES, ASSOCIATED
WITH THE RECEIPT OR USE OF THE PRIZE ARE THE SOLE RESPONSIBILITY OF PRIZE WINNERS.
Prize winners cannot assign or transfer
the prize to another person, unless specifically approved by Sponsor at
Sponsor’s sole discretion. If a prize cannot be awarded due to circumstances
beyond the control of Sponsor (other than the Event), a substitute prize of
equal or greater retail value will be awarded; provided, however, that if
prizes are awarded but unclaimed/forfeited by recipient, the prize may not be
re-awarded, in Sponsor’s sole discretion. Other restrictions may apply. Limit
one prize per household. The prizes, and all portions of the prizes, are
awarded WITHOUT WARRANTY OF ANY KIND, express or implied, without limitation.
6. WINNER SELECTION AND NOTIFICATION: Potential
winners will be selected in a
random drawing conducted by the Sponsor from all eligible entries on or about September
5, 2012. The potential winners will be
notified by email and/or telephone, at the Sponsor’s sole discretion, on or
about September 7, 2012. As directed by
Sponsor, the potential winners will be required to respond to Sponsor’s notification within twenty-four
(24) hours (or a shorter time if required by exigencies) of Sponsor’s first attempted notification. Time
will be of the essence in awarding the prizes. Entrant’s failure to respond in a timely to Sponsor’s
notification requirements may result in forfeiture of the prize and Sponsor
will randomly select an alternate winner from the remaining eligible entries. Potential
winners will be required to verify their address, and complete, sign, have
notarized and return within twenty-four (24) hours (or a shorter time if
required by exigencies) an affidavit of eligibility, a liability release, and,
unless prohibited by law, a publicity release and other legal documents as may
be required by Sponsor in its sole discretion (collectively, the "Prize
Claim Documents"). Entrant’s Failure to return the Prize Claim
Documents within the specified time period may result in forfeiture of the
prize and selection of an alternate winner from the remaining eligible entries
for that prize. The GP Winner’s guest will be required to return a travel
companion eligibility/liability release and, unless prohibited by law, a
publicity and media release and other documents required by Sponsor. Additionally, the potential GP Winner
and guest may be required to submit to a background check. Such background
check may include (but is not limited to) investigation of employment history,
criminal or other arrest or conviction record, and any other factor deemed
relevant by the Sponsor to help ensure that any potential GP Winner will not,
in the Sponsor’s’ sole discretion, bring Sponsor into public disrepute,
contempt, scandal or ridicule or reflect unfavorably on Sponsor. If requested,
the potential GP Winner agrees to sign waiver forms authorizing the release of
personal and background information.
Prizes will not be awarded /
fulfilled to each winner until all such properly completed and executed documents
are returned to Sponsor. Sponsor, in its sole discretion, will attempt to
contact up to three (3) potential winners of a prize in accordance with the
above procedure, after which the prize in question may go unawarded if it
remains unclaimed. Sponsor reserves the right to disqualify anyone not fully
complying with these Official Rules and requirements.
7. CONDITIONS OF
PARTICIPATION/RELEASES:
Sweepstakes is void where prohibited or restricted by law. All federal, state
and local laws and regulations apply. By entering the Sweepstakes, each Entrant
agrees to be bound by these Official Rules and abiding by the decisions of Sponsor,
which shall be final in all respects. By participating in this Sweepstakes
and/or by accepting any prize that he/she may win, each Entrant agrees to
release the Sweepstakes Entities and each of their respective parents,
subsidiaries and affiliated companies, units and divisions, advertising and
promotional agencies, and prize suppliers and all entities involved in the production, sponsorship and/or
promotion of the prize, or any part thereof, including, without limitation, the
producers of Sponsor’s programs; each of
their respective officers, directors, agents, representatives and employees;
and each of these companies and individuals' respective successors,
representatives and assigns (collectively, the "Released Parties")
from any and all actions, claims, injury, loss or damage arising in any manner,
directly or indirectly, from participation in this Sweepstakes and/or
acceptance or use of any prize. Each Entrant authorizes the Sweepstakes
Entities to use his/her name, voice, likeness, biographical data, city and
state of residence and entry materials in programming or promotional material,
worldwide in perpetuity, or on a winner's list, if applicable, without further
compensation unless prohibited by law. Sweepstakes Entities are not obligated
to use any of the above-mentioned information or materials, but may do so and
may edit such information or materials, at Sweepstakes Entity’s sole and
unlimited discretion, without further obligation or compensation. The Released
Parties shall not be liable for: (i) late, lost, delayed, damaged, stolen,
misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or
unintelligible entries, release forms, communications or affidavits, regardless
of the method of transmission; (ii) telephone system, telephone or computer
hardware, software or other technical or computer malfunctions, lost
connections, disconnections, delays or transmission errors; (iii) data
corruption, theft, destruction, unauthorized access to or alteration of entry
or other materials; (iv) any
and all losses, damages, rights, claims and action of any kind in connection
with or resulting from participation in the Sweepstakes; (v) acceptance,
possession, grant, or use of any prize, including without limitation, personal
injury, death and property damage arising there from; (vi) claims based on
publicity rights, defamation or invasion of privacy; or (vii)
any printing, typographical, human administrative or technological errors in
any materials associated with the Sweepstakes. Sweepstakes Entities disclaim
any liability for damage to any computer system resulting from participating
in, or accessing or downloading information in connection with this
Sweepstakes. Sponsor reserves the right, in its sole discretion, to cancel,
modify or suspend the Sweepstakes (or any portion of the Sweepstakes) should a
virus, bug, computer problem, unauthorized intervention or other cause or
problem corrupt or inhibit the administration, security or proper play of the
Sweepstakes and, in such situation, to select the winner(s) from among all
eligible non-suspect entries received prior to and/or after such action or in
such manner as deemed fair and appropriate by Sponsor in its sole discretion.
Sponsor may prohibit Entrant from participating in the Sweepstakes or winning a
prize if, in its sole discretion, it determines that Entrant is attempting to
undermine the legitimate operation of the Sweepstakes by cheating, hacking,
deception, or any other unfair playing practices or intending to annoy, abuse,
threaten or harass any other players or Sponsor's representatives. CAUTION: ANY
ATTEMPT TO DELIBERATELY DAMAGE THE WEB SITE OR UNDERMINE THE LEGITIMATE
OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND
WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE SWEEPSTAKES. SHOULD
SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND
DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING
CRIMINAL PROSECUTION.
8. INDEMNITY: GP
Winner and his/her guest, and each first prize winner shall indemnify, defend
and hold harmless the Released Parties from and against any and all claims,
damages, actions, liability, loss,
injury or expense, including reasonable attorneys’ fees and costs,
arising out of or in connection with: (a) GP Winner’s or guest’s participation
in the Sweepstakes and grand prize Trip; (b) a breach or allegation which if
true would constitute a breach of any of GP Winner’s representations,
warranties or obligations herein; and
(c) acceptance, possession, grant, or use of any prize, including without limitation, personal
injury, death and property damage arising therefrom.
9. DISPUTES: This Sweepstakes is governed by the laws
of the United States and the
State of California, without respect to any
choice of law or conflict of law principles that would result in the
application of any law other than that of California. As a condition of
participating in this Sweepstakes, Entrants agree that any and all disputes
which cannot be resolved between the parties, and causes of action arising out
of or in connection with this Sweepstakes, shall be resolved individually
through binding arbitration, without resort to any form of class action, in
accordance with the arbitration provision set forth below.
10.
ARBITRATION PROVISION: By
participating in this Sweepstakes, each Entrant agrees that any and all
disputes the Entrant may have with, or claims entrant may have against, the Released
Parties relating to, arising out of or connected in any way with (i) the Sweepstakes,
(ii) the awarding or redemption of any prize, and/or (iii) the determination of
the scope or applicability of this agreement to arbitrate, will be resolved
individually and exclusively by final and binding arbitration administered by
the National Arbitration Forum (the “Forum”)
and conducted before a sole arbitrator pursuant to the Code of Procedure
established by the Forum. The arbitration shall be held at a location
determined by the Forum pursuant to the Code of Procedure, or at such other
location as may be mutually agreed upon by the Entrant and Sponsor. The
arbitrator’s decision shall be controlled by the terms and conditions of these
Official Rules and any of the other agreements referenced herein that the
applicable Entrant may have entered into in connection with the Sweepstakes.
There shall be no authority for any claims to be arbitrated on a class or
representative basis; arbitration can decide only the Entrant’s and/or
Sponsor’s individual claims and the arbitrator may not consolidate or join the
claims of other persons or parties who may be similarly situated. The arbitrator
shall not have the power to award special or punitive damages against the Entrant
or Released Parties. For more information on the Forum and/or the Forum's
Code of Procedure, please visit their website at www.arb-forum.com. If any part of
this Arbitration Provision is deemed to be invalid or otherwise unenforceable
or illegal, the balance of this Arbitration Provision shall remain in effect
and shall be construed in accordance with its terms as if the invalid or
illegal provision were not contained herein.
11. PRIVACY POLICY: Any personal information supplied by Entrant to
Sponsor will be subject to Sponsor's privacy policy posted at http://www.fox.com/policy.php. By entering the
Sweepstakes, Entrant grants to Sponsor permission to share Entrant’s email
address and any other personal information with the other Sweepstakes Entities
for the purpose of administration and prize fulfillment.
12. WINNER LIST/OFFICIAL
RULES: To obtain a copy of the
Winner list or a copy of these Official Rules, send your request along with a
stamped, self-addressed envelope to Hell’s Kitchen Super Perks Sweepstakes Winner's
List/Rules, c/o Multi-Platform Distribution Fox
Broadcasting Company, 10201 W. Pico Blvd., Building 103, Los Angeles,
California 90035. Requests for the names of
the winners must be received no later than September 30, 2012. Vermont residents may
omit return postage.
For the avoidance of
doubt, the Sweepstakes is being sponsored and administered by Fox Broadcasting
Network. ITV Studios, Inc. and its affiliates and parent company shall
have no responsibility whatsoever for the sponsorship or
administration of this Sweepstakes, and shall not be liable for any losses,
damages or costs should an Entrant make any claim in connection with this Sweepstakes."