Official Sweepstakes Rules
NO PURCHASE NECESSARY. MUST BE LEGAL RESIDENT OF ONE OF THE 50 UNITED STATES OR D.C., 18 YEARS OF AGE OR AGE OF MAJORITY IN THEIR STATE OF RESIDENCE OR OLDER AT DATE OF ENTRY INTO THE SWEEPSTAKES AND A REGISTERED USER OF TWITTER. VOID IN PUERTO RICO, ALL U.S. TERRITORIES AND POSSESSIONS AND WHERE PROHIBITED BY LAW.
Sponsor, Administrator and Prize Provider: CBS Interactive Inc., 1401 W. Cypress Creek Road, Suite 200, Fort Lauderdale, FL 33309 (the "Sponsor").
Prize Fulfillment Company: Marden-Kane Inc., 1055 Franklin Ave., Suite 300, Garden City, NY 11530. Sweepstakes Entities: CBS Interactive Inc. ("CBSI"), Lexus, P.O Box 2991-Mail Drop L201, Torrance, CA 90509-2991 and Marden-Kane Inc.
1. Acceptance of Rules. By entering the Lexus – Tweet What You Eat Sweepstakes (the "Sweepstakes") operated on CBSI's @chow page on the Twitter web site accessible at the domain "twitter.com " (the "Chow Service"), you hereby accept and agree to these official rules (the "Official Rules") of this Sweepstakes, and the decisions of the Administrator in connection with this Sweepstakes, whose decisions are final.
2. Eligibility. This Sweepstakes is offered and open to persons who are: (a) Followers of @chow on Twitter.com, who are also Registered Users (as defined below) of Twitter; (b) legal residents of one (1) of the fifty (50) United States or District of Columbia; and (c) at least 18 years of age or older or older or age of majority in their state of residence at the date of entry in this Sweepstakes. For purposes of these Official Rules, Registered User(s) means a person that has successfully completed the registration form and has obtained a User Identification ("ID") and associated password ("Password") on Twitter.com; there is no fee associated with becoming a Twitter follower. Employees and directors, and their immediate family members, of the Sweepstakes Entities, and their parents, affiliated and subsidiary companies, advertising and promotion agencies and legal and financial advisors are not eligible to participate in this Sweepstakes. For purpose of the foregoing "immediate family" means parents, spouses, children, siblings or any members of the same households of such employees and directors. This Sweepstakes is void outside of the 50 U.S., in Puerto Rico, all U.S. territories and possessions and where prohibited by law. This Sweepstakes is intended for viewing in the United States only and shall only be construed and evaluated according to United States law. You are not authorized to participate in the Sweepstakes if you are not located within and a legal resident of the United States.
3. Promotion Period. The Sweepstakes begins on September 9, 2010 at 12:00:00 PM PT and ends at 11:59:59 PM PT on September 30, 2010 (the "Promotion Period"). The Sweepstakes will be divided into four (4) different entry periods, during the Promotion Period.
4. Entering the Sweepstakes. To enter this Sweepstakes, you must be a follower of @chow on Twitter.com. If you are not currently a follower of @chow on Twitter, go to http://twitter.com/CHOW and click on the button in the top left corner of the page that says "follow" Chow.com; then send a tweet telling us "what you just ate" and you will receive an entry into the Sweepstakes. Limit one comment/entry per person during an entry period. If you are not a Registered User you may become a Registered User and obtain an ID and Password by completing the registration form on the Chow Service. There is no fee or charge to become a Registered User.
4a. Judging. A panel of judges comprised of employees of CBS Interactive Inc. (the "Judges") will act as a judging organization, whose decision will be final and binding in all respects and on all matters relating to this Contest. The Judges will narrow down the eligible entries received, during each applicable entry period, to a number of finalists (the "Finalist(s)"). All Finalists will then participate in a random drawing to choose the winner of that particular entry period. Each entry will be judged based on the appropriateness to contest theme. In the event an exact duplicate tweet is submitted by different participants, all such tweets received will be considered.
Entry and Drawing periods are as follows:
All entry periods begin at 12:00:00 PM PT and end at 11:59:59 PM PT on the following dates:
First entry period will begin on Thursday, September 9, 2010 and end on Thursday, September 9, 2010. The drawing for this first entry period will be conducted on or around 5:00 PM PT on Friday, September 10, 2010.
Second entry period will begin on Thursday, September 16, 2010 and end on Thursday, September 16, 2010. The drawing for this second entry period will be conducted on or around 5:00 PM PT on Friday, September 17, 2010.
Third entry period will begin on Thursday, September 23, 2010 and end on Thursday, September 23, 2010. The drawing for this third entry period will be conducted on or around 5:00 PM PT on Friday, September 24, 2010.
Fourth entry period will begin on Thursday, September 30, 2010 and end on Thursday, September 30, 2010. The drawing for this fourth entry period will be conducted on or about 5:00 PM PT on Friday, October 1, 2010.
Limit one tweet per person per entry period.
5. Prizes. There will be five (5) prize winners per entry period. Each prize will consist of a Pre-Paid Credit Card with a monetary value of Two Hundred Dollars ($200.00). Total Approximate Retail Value of the prizes to be awarded per entry period is One Thousand Dollars ($1,000.00).
Total ARV of all prizes to be awarded in this Sweepstakes is Four Thousand Dollars ($4,000.00).
Limit one prize per person and/or household.
6. Prize Restrictions. Pre-Paid Credit Card: Certain Terms and Restrictions apply and will be furnished upon delivery of gift card. No assignment, transfer, conversion to cash or cash redemption or substitution of the Prize is permitted, except Administrator reserves the right to substitute the Prize with a prize of comparable or greater value should the Prize become unavailable. Prize is solely for personal use and may not be used in conjunction with any other promotion. All prize details are at the sole discretion of the Sweepstakes Entities.
7. Odds/Drawings/Winner Notification. Each Tweet will be judged according to the criteria listed in section 4a of these official rules and will be added to the random drawing. Odds of winning a Prize depend on the number of eligible Entries received during each entry period. Drawings will be conducted by Administrator on dates described herein in section 4 of these Official Rules. Administrator has contracted with Marden-Kane who will be responsible for clearing winners and fulfilling prizes. . Administrator’s decisions are final and binding in all respects. Potential Winners will be notified by email, Twitter internal message system and/or by phone. If a potential Winner cannot be reached after a reasonable effort has been made during two (2) business days from the first notification attempt, such person may be disqualified, with an alternate Winner selected in accordance with these Official Rules.
8. Prize Taxes. All federal, state, and local and other tax liabilities arising from this Sweepstakes, including, without limitation, winning a Prize, will be the sole responsibility of each Winner.
9. Affidavit of Eligibility/Liability Release and Publicity Release. Winners may be required to complete, execute and return an Affidavit of Eligibility/Liability Release, and where lawful, a Publicity Release (collectively, the "Release Forms") within five (5) days of notification of winning. Failure to return Release Forms in a timely manner, or if Prize notification or the Prize is returned as non-deliverable, or if a Winner is found not to be eligible or not in compliance with these Official Rules, may result in disqualification with an alternate Winner selected in accordance with these Official Rules.
10. Publicity Release Terms. Except where prohibited by law, a Winner's acceptance of a Prize constitutes permission for the Sweepstakes Entities to use Winner's name, photograph, likeness, statements, blog entry, biographical information, voice, and address (city and state) worldwide and in all forms of media, in perpetuity, without further compensation.
11. Improper Conduct. Administrator, in its sole discretion, may disqualify any entrant from participation in or use of any or all portions of this Sweepstakes, and refuse to award a Prize, if entrant engages in any conduct Administrator deems to be improper, unfair or otherwise adverse to the operation of the Sweepstakes or detrimental to other entrants of the Sweepstakes. Such improper conduct includes, without limitation, falsifying personal information required during entrant registration or Prize claim, violating any term or condition stated herein, accumulating entries through methods such as automated computer scripts or any other programming techniques, allowing others to use entrant's personal information for the purpose of accumulating entries, or intentionally trying to defraud, reverse engineer, disassemble or otherwise tamper with the computer programs in connection with this Sweepstakes. Entrants agree that Administrator may void any part of a Prize that entrant may have won and/or require the return of any part of a Prize that entrant may have won as a result of such improper conduct. Entrant further acknowledges that any forfeiture of a Prize and/or return of a Prize shall in no way prevent Administrator from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct. WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, EACH OF THE SWEEPSTAKES ENTITIES RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
12. Integrity of Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Administrator, in its sole opinion believes could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Administrator reserves the right at its sole discretion to cancel, terminate, modify or suspend this Sweepstakes and select the Winners from entries received prior to the action taken or in such other manner as Administrator may deem fair and appropriate.
13. Lost or Corrupted Entries. The Sweepstakes Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, lost, late, incomplete, corrupted, stolen, misdirected, illegible or postage due entries or mail, if applicable; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. The Sweepstakes Entities, and their parents, affiliated and subsidiary companies, advertising and promotion agencies, are not responsible for any incorrect or inaccurate information, whether caused by registration information submitted by end users or tampering, hacking, or by any of the equipment or programming associated with or utilized in this Sweepstakes, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Sweepstakes.
14. Damaged Property. Sweepstakes Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to any entrants or to any other person's computer or property related to or resulting from participating in this Sweepstakes or downloading materials from this Sweepstakes.
15. Sweepstakes Errors. The Sweepstakes Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Sweepstakes; (b) in any related advertising or promotions of this Sweepstakes; and/or (c) in these Official Rules. In the event of any ambiguity(s) or error(s) in these Official Rules, Administrator reserves the right to modify these Official Rules for clarification purposes or to correct any such ambiguity or error(s) without materially affecting the terms and conditions of the Sweepstakes.
16. Prizes and Prize Winners. The Sweepstakes Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you/entrant hereby forever waive/s any rights to any claim in connection with, the selection and announcement of a Prize Winner, the distribution of a Prize, the acceptance/possession and/or use/misuse of any part of a Prize and/or any injury or damage to any entrant's or third person's property related to or resulting from any part of a Prize or any part of this Sweepstakes.
17. Release and Indemnity. Each entrant in this Sweepstakes, including, without limitation, a Prize Winner, hereby releases and agrees to hold harmless the Sweepstakes Entities and their parents, affiliates, subsidiaries, advertising and promotion agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a Prize, participation in this Sweepstakes and participation in any activity related to this Sweepstakes.
18. Limitation of Liability. IN NO EVENT WILL THE SWEEPSTAKES ENTITIES, THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SWEEPSTAKES. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
19. Disclaimer of Warranties. THE SWEEPSTAKES AND PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
20. Identity Disputes. In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be declared made by the Authorized Account Holder of the email address and/or phone number submitted at time of registration into Twitter and entry into the Sweepstakes. For purposes of these Official Rules, "Authorized Account Holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
21. Binding Arbitration. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules and/or this Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules and/or this Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, in the City of New York and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
22. Governing Law and Jurisdiction. This promotion is governed by US law and is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Administrator in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 21 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of New York, in the City of New York.
23. Winner List/Official Rules. For the name of the Prize Winners send a self-addressed stamped envelope for receipt by October 31, 2010 to “Winner's list, Lexus – Tweet What You Eat - Sweepstakes, c/o CBS Interactive Inc., 1401 W. Cypress Creek Road, Suite 200, Fort Lauderdale, FL 33309. For Official Rules send a self-addressed stamped envelope to the above address marked "Official Rules: Lexus – Tweet What You Eat - Sweepstakes for receipt by September 30, 2010. The full name of the Prize Winners may be posted and the Official Rules will be posted on CHOW.