WANTS YOU TO WIN
A TRIP FOR TWO TO BOLOGNA, ITALY
FROM JUNE 14-19, 2011
TO ATTEND THE 7th ANNUAL BIOGRAFILM
FESTIVAL AND ENJOY EATALIAN FOOD
EATALY USA LLC WANTS TO INVITE YOU TO CONSIDER THE OPPORTUNITY TO ATTEND THE 7TH ANNUAL BIOGRAFILM FESTIVAL IN BOLOGNA TO EXPERIENCE GOOD FILM AND FOOD. THE BIOGRAFILM FESTIVAL IS DEVOTED TO THE ART OF BIOGRAPHY AND EATALY IS DEVOTED TO THE ART OF GOOD EATING.
ENTER THE SWEEPSTAKES BETWEEN SUNDAY, MAY 1, 2011 & SUNDAY, MAY 15, 2011. JUST COMPLETE THE ENTRY FORM AVAILABLE AT EATALY NY, 200 5TH AVENUE, NEW YORK, NEW YORK AND SUBMIT IT IN THE SPECIAL SWEEPSTAKES BOX LOCATED IN THE STORE.
Eataly Sweepstakes Official Rules
NO PURCHASE NECESSARY. THIS SWEEPSTAKES IS OPEN TO NEW YORK, NEW JERSEY AND CONNECTICUT STATE RESIDENTS ONLY. VOID WHERE PROHIBITED BY LAW.
1. SWEEPSTAKES. The EATALY SWEEPSTAKES (the “Sweepstakes”) begins at 10:00AM U.S.A. Eastern Daylight Time (“EDT”) on May 1, 2011 and ends at 9:00PM U.S.A. EDT on May 15, 2011 (the “Entry Period”). Odds of winning depend on the number of eligible entries received during the Entry Period. The Sweepstakes is sponsored by EATALY U.S.A. LLC (“Sponsor”). The Sweepstakes is subject to the eligibility guidelines below.
2. ELIGIBILITY. This Sweepstakes is open only to legal residents of New York, New Jersey, and Connecticut who are 21 years of age or older at the beginning of the Entry Period. Employees, 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 their respective parents, affiliates, subsidiaries, franchises, advertising and promotion/marketing agencies, public relations and fulfillment companies, and any other party associated with the development or administration of the Sweepstakes, and members of their immediate families (defined as spouse, parent, sibling, child and respective spouses regardless of where they reside) and/or those living in the same household of suchp ersons (whether related or not) are not eligible to participate.
3. HOW TO ENTER. Visit Eataly NY located at 200 5th Avenue (at 23rd Street) in New York, New York and complete, in its entirety, and submit an official Sweepstakes entry form at that location, including providing a valid e-mail address and telephone number and any other requested information (“Entry” or “Entries”) during the Entry Period. All Entries become the 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 their agents and representatives to use each entrants’ name, image, and likeness as well as the contents of an entrant’s Entry in advertising and for editorial, publicity, promotional, marketing and other purposes in all media now known or hereafter devised, without notice, compensation or other consideration by Sponsor or Biografilm Festival (except where prohibited by law). If selected as the winner, entrants agree to participate in media interviews and media appearances on behalf of Sponsor and Biografilm after the Sweepstakes. Once an Entry has been submitted, the entrant will be officially entered into the Sweepstakes. An Entry cannot be revised or altered once submitted. No form of entry other than as specified herein is permitted. Sponsor is not responsible for typographical errors, omitted details or any other errors made by entrants. Sponsor will not be responsible for lost, late, illegible, destroyed, or otherwise mutilated or stolen Entries and Sponsor assumes no responsibility for any error, omission, deletion, defect, delay, theft or destruction or unauthorized access to, or alteration of, Entries or other problems (whether due to technical problems or human error (or any combination thereof). Sponsor is not responsible for incorrect or inaccurate entry information under any circumstances. Without limiting anything set out elsewhere in these Official Rules, in the case of any dispute, Entries will be deemed submitted by the Authorized Account Holder (as defined below) of the e-mail address, if any, included on the Entry. “Authorized Account Holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. An entrant may be required to provide Sponsor with proof that he/she is the Authorized Account Holder of the e-mail address associated with his/her Entry.
Limit one (1) Entry per person during the Entry Period. Multiple Entries from one person during the Entry Period may, in Sponsor’ sole discretion, disqualify all such Entries. Entries received after the close of the Entry Period will not be considered. Entries not complying in all respects with the Official Rules are subject to disqualification. By entering the Sweepstakes, each entrant agrees on behalf of himself/herself, and his/her executors and heirs, that he/she have no right to bring, and covenant not to bring, any claim, action, or proceeding of any kind or nature whatsoever against the Released Parties (as defined below). Proof of submitting an Entry will not be deemed to be proof of receipt by Sponsor.
Entries that have been tampered with or altered are void. Sponsor reserves the right to prohibit the participation of an individual failing to comply with any provision in these Official Rules.
4. PRIZES/APPROXIMATE RETAIL VALUE (“ARV”).
• Roundtrip coach airfare for two (2) persons traveling between the New York metro area and Bologna, Italy’s Bologna Guglielmo Marconi Airport (ARV of $2,600.00);
• 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);
• Two (2) Biografilm Festival Cards to participate in all the events of the Biografilm Festival between June 15th and June 19, 2011 (ARV of $128.00);
• Two (2) exclusive invitations to attend a cocktail reception with the special guests of Biografilm (ARV of $100.00);
• Dinner for two at Eataly Bologna (ARV of $80.00);
• Travel insurance (ARV $285.00);
(Alcoholic beverages, lunches, room service, two dinners, souvenirs, ground transport other than that specified above, and any other incidentals not set out above are not included in the Prize.) Total ARV of the Prize is $ 3,673.00. The award of the Prize is subject to the restrictions set forth in these Official Rules.
5. PRIZE RESTRICTIONS. The Prize will be awarded to one eligible entrant. Sponsor reserve(s) the right, in its sole discretion, to substitute a prize or prizes of equal or greater value for any and all prizes. No other substitutions or cash equivalents allowed unless specifically authorized by Sponsor. The Prize may not be assigned or transferred. In the event that the Biografilm Festival is canceled for any reason, the Prize shall consist only of those remaining components of the Prize as Sponsor determines are unaffected by the cancellation. The winner is solely responsible for all expenses, costs and fees associated with acceptance and/or use of a prize(s) including, without limitation, arranging and paying for ground transportation to and from the New York City metro airport chosen by Sponsor, arranging and paying for necessary travel documents including passport(s) for travel between the USA and Italy, and reporting and paying any and all applicable federal, state and local income and other taxes. ALL FOREIGN, FEDERAL, STATE, PROVINCIAL, AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZES ARE THE SOLE RESPONSBIILITY OF THE WINNER.
Components of the Prize consist of only those items specifically listed as part of the Prize. All foreign, federal, state, local and foreign laws, rules and regulations apply. There are no warranties that extend beyond the description on the face of any promotional materials of the Prize. An IRS Form 1099 may be issued to the winner and winner may be required to provide his/her social security number for reporting purposes. The Prize may be claimed by the Sweepstakes winner only, and must be claimed within the specified time frame or will be forfeited. Correspondence will not be acknowledged.
6. DRAWING AND NOTIFICATION. On or about May 16, 2011, Sponsor will conduct a random drawing from among all eligible Entries received during the Entry Period. A potential winner will be notified by phone and/or e-mail (in Sponsor’s sole discretion) no later than May 18, 2011. If the potential winner cannot be reached within two (2) business days from the date of the drawing (including, without limitation, due to a return of the Prize notification as undeliverable), fails to timely return the Release Documents (defined below), cannot accept the Prize for any reason, or is found to be ineligible, an alternate winner may be selected at random from among the remaining eligible Entries received. Decisions of Sponsor are final and binding in all matters related to this Sweepstakes and not open to appeal.
The potential winner will be required to complete and submit an affidavit of eligibility, release of liability and, if legally permissible, a publicity release and other documentation as required by Sponsor (“Release Documents”). The Release Documents must be completed, signed, notarized and returned within the time period specified therein or the potential winner may be disqualified and an alternate winner selected by random drawing. Acceptance of the Prize constitutes permission for Sponsor and its agents, representatives and designees to use the winner’s name, image/likeness, photograph and biographical material for advertising, trade and other promotional purposes throughout the world, in perpetuity, in any and all forms of media, now known or hereafter devised, without notice, compensation or consideration (except where prohibited by law).
Upon contacting a potential winner and determining that he/she has met all eligibility requirements of the Sweepstakes, including without limitation, the execution of required Release Documents and any other documentation required by Sponsor within the timeframe specified by Sponsor, such individual will be declared the “winner” of the Sweepstakes. The winner will be announced publicly on or about June 1, 2011.
7. GENERAL CONDITIONS. By entering the Sweepstakes, each entrant, on behalf of himself/herself, and his/her executors and heirs, agrees (a) to be bound and abide by these Official Rules and by all decisions of Sponsor whose decisions are final and not open to appeal; (b) to release, indemnify, defend and hold harmless Sponsor, the Biografilm Festival, the Emilia-Romagna Regional Tourism Board and its and their member companies, and its and their parents, subsidiaries, affiliates, members, shareholders, agents, representatives, employees, suppliers, agencies, successors, 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 of action, liabilities, suits, claims (including but not limited to, third party claims that may be made against entrants, and claims arising out of or relating to acceptance, receipt, possession or use/misuse of the Prize, or any publicity or other public exposure of entrants, including without limitation, claims concerning infringement or invasion of entrants’ privacy or publicity rights, or defamation, or acts undertaken in preparation for, or participation in, the Sweepstakes), cross-claims or counterclaims, costs, injuries, illness, losses or damages or demands of any kind (including, without limitation, personal injuries, travel delays, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”), WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF A RELEASED PARTY; (c) to assume all risks, express or implied, associated with all Claims released above, including without limitation, all risks concerning entry into and participation in the Sweepstakes; and (d) that NEITHER SPONSOR OR BIOGRAFILM FESTIVAL, NOR ANY OF THE RELEASED PARTIES HAVE MADE OR MAKE OR ARE RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESSED OR IMPLIED, RELATIVE TO THE SWEEPSTAKES OR THE PRIZE, INCLUDING BUT NOT LIMITED TO, ITS QUALITY OR FITNESS OR MERCHANTABILITY, AND THE PRIZE IS TENDERED TO ENTRANTS ON AN “AS IS” BASIS.
Notwithstanding anything to the contrary contained in these Official Rules, Sponsor further reserves the right, in its sole discretion, to suspend, modify or cancel the Sweepstakes, or any portion thereof, if it cannot be run as originally planned, including by reason of tampering, unauthorized intervention or fraud, or force majeure or other causes beyond the control of Sponsor which impair the integrity or corrupt the administration or security of the Sweepstakes. In such event, the Sweepstakes shall be conducted from among all eligible Entries received prior to suspension, modification or cancelation, if any, prior to the date on which the event that compromised the Sweepstakes occurred. A notice will be posted at Eataly and on the following websites: www.eatalyny.com and www.biografilm.com/ny prior to and/or after (as appropriate) action has been taken by Sponsor.
In the event there is a discrepancy or inconsistency between dsiclosures or other statements contained in any Sweepstakes materials (e.g., marketing, advertising or other ancillary documents) and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.
CAUTION: ANY ATTEMPT BY ANY PERSON TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
Except where prohibited and subject to the releases and other provisions of these Official Rules, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes 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 the State of New York; (2) any and all claims, judgments and awards shall be limtied to actual out-of-pocket costs incurred, but in no event attorneys’ fees, associated with entry into the Sweepstakes; (3) no indirect, 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 law governs the Sweepstakes and all aspects related thereto.
8. OFFICIAL RULES/WINNER NAME. A copy of the Official Rules will be available at Eataly NY during the Entry Period. For the name of the winner (available after June 1, 2011 ) and/or a hard copy of the Official Rules (must be postmarked by June 3, 2011, send a self-addressed stamped envelope to EATALY 45 EAST 20TH ST, 9TH FLOOR, NEW YORK, NY 10003 Attn: AMY BJORK. All requests for name of the winner of the Sweepstakes must be received by June 10, 2011.
