Hell’s Kitchen Signature Dish Sweepstakes Official 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 in this promotion if you are not a legal resident of the forty-eight (48) contiguous United States. Further eligibility restrictions are contained in the official rules ("Official Rules") below. Entrants are providing information to Fox Broadcasting Company and not to Twitter or Instagram. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH TWITTER OR INSTAGRAM.
1. DESCRIPTION: The “Hell’s Kitchen Signature Dish Sweepstakes” (the "Sweepstakes") begins at 7:00 am Pacific Time (“PT”) on Friday, September 14, 2018 and ends on Friday, September 28, 2018 at 11:59 pm PT (“Sweepstakes Period”). The Sponsor of this Sweepstakes is Fox Broadcasting Company, 10201 West Pico Boulevard, Los Angeles, California 90064 ("Sponsor"). The administrator of this Sweepstakes is Creative Zing Promotion Group ("Administrator"), 189 South Orange Avenue, Suite 1130A, Orlando, FL 32801.
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 at least twenty-one (21) years of age at time of entry. Entrant must be a registered user of Twitter or Instagram for entry. Registration on each website is free and can be obtained at www.twitter.com or www.instagram.com, respectively. Entrant must be the rightful owner (or have authorized use) of the social media account associated with the entry. In the event of a dispute as to the identity of a winner, the winner will be deemed the natural person in whose name the email account associated with the social media account was opened. Employees, shareholders, officers, directors, agents, and representatives of Sponsor, Administrator (collectively, "Sweepstakes Entities"), Twenty-First Century Fox, Inc., Fox Television Group, Fox Entertainment Group, LLC, Fox Networks Group, Inc., Twentieth Century Fox Television, a unit of Twentieth Century Fox Film Corporation, and each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives and promotion and advertising agencies are not eligible to participate in the Sweepstakes. Immediate family and household members of such individuals are also not eligible to enter or win. For purposes of the Sweepstakes, "Household Members" shall mean those people who share the same residence at least three months a year and "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. Void in Alaska, Hawaii, Guam, Puerto Rico and all other U.S. territories and possessions, and where prohibited.
3. HOW TO ENTER: Before entry, users must first prepare and photograph a dish that they enjoy cooking or cook regularly (their “Signature Dish”). To enter, log into your Instagram or Twitter account and create a public post including the “Photo” of your Signature Dish and post it along with the tags #HellsKitchenSweepstakes @HellsKitchenFOX and @CaesarsPalace (the “Required Tags” and along with the Photo and post content, the “Entry” or “Submission”). If entering via Instagram, the Required Tags must be in the caption of the Submission for valid entry and not the post title.
Each Submission must meet the following “Submission Requirements”. Any Submission that, in Sponsor’s sole and absolute discretion, violates the following criteria will be disqualified:
a) Submissions may feature the Entrant only; no other persons may be included in the Entry;
b) The signature dish in the Photo must be made by the Entrant for purposes of the Sweepstakes;
c) Each Submission must be unique; retweets and other duplicate Entries, whether submitted on the same or across multiple social media platforms, will be disqualified;
e) Submission must NOT include prominent mention or depiction of any copyrighted material (including but not limited to music, video games, films, books, television programming, etc.) and must not infringe on any third-party trademarks (including, but not limited to third party elements, brand names, product names, logos, insignia, location signage, photographs, artwork, etc.) EXCEPT for characters, elements, and all other intellectual property associated with the television series “Hell’s Kitchen” (the “Hell’s Kitchen Elements”);
f) Submission must NOT contain material which is (or promoting activities which are) sexually explicit, obscene, pornographic, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing; or material that contains any derogatory references to any of the Sweepstakes Entities;
g) Submission must be entirely original to the Entrant (except for the Hell’s Kitchen Elements, which may be contained in the submission); and
h) Submission must NOT include materials that violate or infringe another person's rights, including, but not limited to, privacy, publicity or intellectual property rights.
IMPORTANT: Your Submission may appear in the Sponsor’s social media stream. Be sure you are comfortable with your Submission before submitting. If you do not want your Submission to be made public, do not enter the Sweepstakes. Sweepstakes Entities reserve the right to request that an Entrant edit or completely remove any content that may intentionally or unintentionally violate the Official Rules. Sweepstakes Entities will determine in their sole discretion which Entries have satisfied the eligibility requirements.
Entries must be received by 11:59 pm PT on September 28, 2018. Entries generated by a script, macro or other automated means will be disqualified. Entrants must be able to receive direct messages or post comments via the social platform on which they entered for valid entry. Incomplete, unreadable, or unintelligible entries will be disqualified. All information provided by Entrants becomes 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, full and unconditional agreement to, and acceptance of these Official Rules. Sponsor reserves the right 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 will be posted on these Official Rules.
4. ODDS: Odds of winning depend on the number of eligible entries received during the Sweepstakes Period.
5. WINNER SELECTION AND NOTIFICATION: The potential winners will be selected by the Administrator via random drawing from all eligible entries received during the Sweepstakes Period within approximately five (5) business days of the end of the Sweepstakes Period. Potential winners will be contacted via the social media platform upon which their Entry was submitted, either by direct message or a public facing comment on the Entry post, depending upon the platform. Each potential winner will be required to respond (as directed by the Administrator and/or Sponsor) to the notification within twenty-four (24) hours (or a shorter time if required by exigencies) of first attempted notification. The failure to respond timely to the notification may result in forfeiture of the prize and the Administrator will randomly select an alternate potential winner from the remaining eligible entries. Potential winners will be required to verify address and complete, sign, and return within forty-eight (48) 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") covering eligibility, liability, advertising, publicity and media appearance issues. Failure to return the Prize Claim Documents within the specified time period may result in forfeiture of the prize and selection of an alternate potential winner from the remaining eligible entries for that prize.
A prize will not be awarded/fulfilled until all such properly executed documents are returned. 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. Administrator reserves the right to disqualify anyone not fully complying with the Official Rules.
Approximate Retail Value (“ARV”)
One (1) Grand Prize is available consisting of a 3-day / 2-night trip for the Grand Prize winner and one (1) guest to Las Vegas, NV (the “Trip”). The Trip will consist of the following:
(a.) Round-trip coach class airfare for Grand Prize Winner and guest from a major airport with regularly scheduled commercial flights close to Grand Prize Winner’s permanent residence to a Las Vegas-area airport (or, in Sponsor’s sole discretion, $500 in lieu of air travel if winner lives within a 200-mile radius of the destination);
(b.) Two (2) nights hotel accommodation for Grand Prize Winner and guest at Caesars Palace Las Vegas Hotel & Casino (Palace Premium Studio King, double occupancy, room & tax only);
(c.) one (1) $300 gift certificate to Gordon Ramsay Hell’s Kitchen restaurant;
(d.) Airport transfer to/from the hotel in Las Vegas; and
(f.) $300spending money.
Runner-up Prizes (3)
One (1) copy of the book “Gordon Ramsay's Healthy, Lean & Fit: Mouthwatering Recipes to Fuel You for Life”, by Gordon Ramsay, autographed by Gordon Ramsay
Total Cumulative Prize ARV: $3,246
PRIZES WILL BE AWARDED “AS IS” WITH NO WARRANTY OR GUARANTEE, EITHER EXPRESS OR IMPLIED BY SPONSOR. No retail value is associated with Gordon Ramsay’s autograph. Prize winners cannot assign or transfer a prize to another person. If a winner cannot accept a prize, or any portion thereof, as stated, the prize may be forfeited at the sole discretion of Sponsor. If a prize cannot be awarded due to circumstances beyond the control of Sponsor, then except as set forth in the sentence following this one, a substitute prize of equal or greater retail value may be awarded. The value of the prize represents Sponsor’s good faith determination of the maximum retail value thereof. No refunds or credit for changes are allowed. The ARV of any prize is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. Winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize they receive. For tax reporting purposes, the Grand Prize Winner must provide Sponsor with his or her valid social security number before the Grand Prize will be awarded. An IRS Form 1099 will be issued in the name of the Grand Prize Winner for the actual value of the Grand Prize received. Other restrictions may apply. If prize is awarded but goes unclaimed or is forfeited by recipient, the prize may not be re-awarded, in Sweepstakes Entities’ sole discretion.
Travel Conditions: Travel must occur prior to April 30, 2019 on Sponsor-approved dates or the prize may be forfeited, in the Sponsor’s sole discretion. All other expenses and costs not expressly listed above, including, but not limited to, taxes, tips, entertainment and transfers, are winner’s sole responsibility. Grand Prize value depends on winner’s place of residence and cost and availability of airfare and hotel at time of booking and travel and may be substantially higher or lower than the stated ARV.
Grand Prize Winner and travel companion agree that they undertake the Trip at their own risk. Travel companion must be at least eighteen (18) years of age and must complete a travel companion liability/publicity release prior to the Trip. Grand Prize Winner and travel companion must travel together on the same itinerary, including the same departure date, destination and return date and must have valid travel documents (e.g., valid government issued photo ID and/or Passport) prior to departure. Failure to do so will result in forfeiture of prize. Sweepstakes Entities will not replace any lost or stolen tickets, travel vouchers or certificates. Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the trip. Sweepstakes Entities are not liable for any expenses incurred as a consequence of flight cancellation/delay. All air transportation tickets are subject to the vagaries of flight variation, work stoppages and schedule or route changes. A security deposit or presentation of a credit card by the Grand Prize Winner may be required at the time of check-in at the hotel. Grand Prize Winner will not receive cash or any other form of compensation if actual travel costs are less than the prize ARV in these Official Rules. Sponsor reserves the right to structure the travel route and select hotels in its sole discretion. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles.
Trip Conduct: Grand Prize Winner and guest shall conduct themselves with due regard to the public conventions and morals. The Grand Prize Winner and guest shall not, while a guest of the Sweepstakes Entities during the Trip, commit an offense involving moral turpitude under local laws or ordinances. The Grand Prize Winner and guest shall not commit any act that will tend to degrade the Sweepstakes Entities in society or bring the Sweepstakes Entities into public hatred, public disrepute, contempt, scorn, or ridicule or that will tend to shock, insult or offend the community or public morals or decency or prejudice the Sweepstakes Entities. In the event the Grand Prize Winner or guest engages in the above or behavior that (as determined by Sweepstakes Entities in their sole discretion) is obnoxious or threatening, illegal, or that is intended to annoy, abuse, threaten, or harass any other person, the Sweepstakes Entities reserve the right to terminate the Trip early and send the Grand Prize Winner and guest home with no further compensation.
7. RIGHTS OF SWEEPSTAKES ENTITIES: Sweepstakes Entities shall have the right and sole discretion to edit, refuse to air or transmit or cease to air or transmit any Submission whatsoever which any of them finds to be in violation of the provisions hereof, do not fully comply with all of Sweepstakes Entities’ requirements in connection with any and all legal clearance issues, or which any of them finds in its sole discretion to be otherwise objectionable for any reason. All statements and opinions made by Entrants are those of such Entrants only, and the Sweepstakes Entities neither endorse nor shall be held responsible for the reliability or accuracy of same.
8. INDEMNITY: Entrant hereby agrees to indemnify and hold harmless the Sweepstakes Entities, Twenty-First Century Fox, Inc., Fox Television Group, Fox Entertainment Group, LLC, Fox Networks Group, Inc., Twentieth Century Fox Television, a unit of Twentieth Century Fox Film Corporation, and each of their respective parents, affiliates, successors, assigns and licensees, and each of their respective employees, shareholders, officers, directors, contractors, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses arising from or related to: (i) Entrant’s participation in the Sweepstakes; (ii) a breach or allegation which if true would constitute a breach of any of Entrant’s representations, warranties or obligations herein, including, but not limited to, claims for personal injury, death, property damage, libel, defamation, invasion of privacy, violation of the right of publicity, commercial appropriation of name and likeness, infringement of copyright or trademark, or violation of any other personal or proprietary right; and (iii) the acceptance, possession, participation in or use or misuse of any grant or prize, including without limitation, personal injury, death and property damage to Entrant or any third party arising therefrom.
Entrant further agrees, on behalf of Entrant and Entrant’s spouse, family, heirs, assigns, legal representatives, executors, and administrators, to release and hold harmless the Released Parties and waive Entrant’s right to sue the Released Parties, for any injury, loss or damage of any kind suffered by Entrant arising out of or in connection with Entrant’s acceptance and/or participation in or use of the prize, including, but not limited to, claims related to personal injury, emotional distress, illness, death, property damage and any other injury or loss.
10. MATERIALS/RIGHTS IN SUBMISSIONS/PUBLICITY RIGHTS: In consideration of participation in this Sweepstakes, each Entrant hereby grants to the Sweepstakes Entities the non-exclusive, irrevocable, fully paid, universal license (but not the obligation) to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display and otherwise exploit for any legal purpose whatsoever such Submission, including to the extent applicable (a) any information, biographical data, and material (e.g., the “creative” file or Submission) provided by the Entrant or otherwise obtained about the Entrant in connection with the Sweepstakes; and (b) all graphics, statements, photographs and quotations of or by Entrant and furnished by Entrant as part of this Sweepstakes (all of the foregoing materials, along with the Submission and all of the information referenced in 11(a) above, are collectively referred to herein as, the “Material”), in any media now known or hereafter devised including, but not limited to all forms of electronic and social media, print media and all forms of internet and wireless protocol. Entrant understands that his or her name and other Materials may be posted online in connection with the Sweepstakes, and that eligible Submissions may be posted online by the Sweepstakes Entities or their associates, including, but not limited to, on social media and/or in a public viewer gallery associated with the Sweepstakes. Entrant agrees that the Sweepstakes Entities have no obligation to use or post a Submission or any Material online. Entrant authorizes the Sweepstakes Entities to utilize, for eternity and in any manner they see fit, the Material and to make derivative works from such Material (e.g., without limitation, to create promotional materials). Entrant agrees that the results and proceeds of such use shall become the property of Sponsor, and/or Sponsor’s licensees, and shall be freely assignable by Sponsor and that the Sponsor and its assignees and licensees shall have no obligations whatsoever to Entrant. Entrant releases the Released Parties (defined below), and their respective parent, affiliates and subsidiaries and each of their respective successors, assigns and licensees, from any and all claims or liability (now known or hereafter arising), including but not limited to any claims for defense and/or indemnity, in connection therewith. Entrant agrees and acknowledges that participation in the Sweepstakes, including, without limitation, Entrant’s decision to provide the Submission to Sweepstakes Entities for purposes of the Sweepstakes, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between the Sweepstakes Entities and Entrant, does not place the Sweepstakes Entities in a position that is any different from the position held by members of the general public with regard to elements of Entrant’s Submission, and that the only contracts, express or implied, between the Sweepstakes Entities and Entrant is as set forth in these Official Rules and the release forms or other related documents.
11. GENERAL TERMS AND CONDITIONS: Without limiting the generality of the foregoing, the Released Parties are not responsible or liable for, and shall be released and held harmless from: (i) late, lost, delayed, damaged, incomplete, illegible, unintelligible, misdirected or otherwise undeliverable mail, postage-due notices, release forms, affidavits, or other correspondence; (ii) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind; (iii) any condition caused by events beyond the control of the Released Parties that may cause the Sweepstakes to be disrupted or corrupted; (iv) any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with the Sweepstakes; (v) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from participation in the Sweepstakes; (vi) acceptance, possession, participation in, or use of any grant or prize, including without limitation, personal injury, death and property damage arising therefrom; and (vii) claims based on publicity rights, defamation or invasion of privacy. Released Parties disclaim any liability for damage to any computer system, which is occasioned by participating in the Sweepstakes. Sweepstakes Entities reserve the right, in their sole discretion, to adjust times and dates reflected in the Description Section of the Official Rules at any time and/or to suspend or cancel the Sweepstakes at any time for any reason, including, without limitation, if a computer virus, bug or other technical problem corrupts the administration, security, or proper conduct of the Sweepstakes, strikes, lock-outs, acts of God, technical difficulties, and other events not within the reasonable control of Sweepstakes Entities. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) randomly select the winner from all eligible, non-suspect Submissions received as of the date of the event giving rise to the termination. Sweepstakes Entities reserve the right, at their sole discretion, to prohibit any Entrant from participating in the Sweepstakes or to disqualify any individual any of them finds to be tampering with the entry process or the operation of the Sweepstakes; to be attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or any other unfair playing practices; to be acting in violation of the Official Rules; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Sweepstakes Entities may suspend or discontinue the Sweepstakes if, in their sole opinion, there is any actual or suspected tampering of the Sweepstakes, or any other malfunction, event or activity that may affect the integrity of the Sweepstakes. RELEASED PARTIES SHALL NOT BE OBLIGATED TO AWARD ANY PRIZE THAT RELATES TO OR ARISES OUT OF IMPROPER OR MISTAKEN PRIZE NOTIFICATION, OPERATION OR FUNCTION OF THIS SWEEPSTAKES. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
12. 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.
13. ARBITRATION PROVISION: By participating in this Sweepstakes, each Entrant agrees that (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) the entrant may have against Sponsor arising out of, relating to, or connected in any way with the Sweepstakes, the awarding or redemption of any prize and/or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Los Angeles, California; (4) the arbitrator’s decision shall be controlled by the terms and conditions of these Terms and Conditions and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Sweepstakes; (5) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) 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; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD, and the entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on the entrant’s behalf, subject to ultimate allocation by the arbitrator. In addition, if entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
15. 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 the “Hell’s Kitchen Signature Dish Sweepstakes" Winner List/Rules, 189 South Orange Ave, Suite 1130A, Orlando, FL 32801. Requests for the names of the winners must be received no later than December 1, 2018. Vermont residents may omit return postage.
This Sweepstakes is in no way sponsored, endorsed or administered by Twitter or Instagram. Twitter and Instagram are completely released of all liability by each Entrant in this Sweepstakes.