dineLA Sweepstakes
OFFICIAL RULES NO PURCHASE NECESSARY. PURCHASE DOES NOT IMPROVE ONE’S CHANCES OF WINNING. VOID WHERE PROHIBITED. THIS SWEEPSTAKES IS OFFERED ONLY IN THE 50 STATES OF THE UNITED STATES (“U.S.”) and THE DISTRICT OF COLUMBIA (“D.C.”) AND IS INTENDED FOR PARTICIPATION IN THOSE AREAS ONLY. PLEASE DO NOT PROCEED IF YOU ARE NOT A PERMANENT LEGAL RESIDENT OF ONE OF THOSE AREAS.
1. Eligibility: The dineLA Sweepstakes (“sweepstakes”) is open only to permanent legal residents of the 50 states of the U.S. and D.C. who are physically located and residing therein, and who are 21 years of age or older. Entrants must have either a valid social security number or a valid U.S. personal tax identification to participate. Employees of LA Inc. The Convention and Visitors Bureau (“Sponsor”), its advertising or promotion agencies, those involved in the production, development, implementation or handling of this Sweepstakes, any agents acting for, or on behalf of the above entities, their respective parent companies, officers, directors, subsidiaries, affiliates, licensees, service providers, prize suppliers, any other person or entity associated with this Sweepstakes (collectively, “Sweepstakes Entities”), members of their immediate families (spouses, children, siblings, parents), and/or persons living in the same household as such persons, whether or not related, are ineligible to enter this Sweepstakes.
2. How to Enter: This Sweepstakes begins at 8:00 a.m. Pacific Time (“PT”) on November 5, 2009 and ends at 8:00 a.m. PT on January 6, 2010 (“sweepstakes Period”). To enter the Sweepstakes, access the website located at www.dineLA.com (“Website”) and follow the online instructions to complete and submit the Sweepstakes entry form (“sweepstakes Entry”). Information required on the entry form consists of your Email Address, First Name, Last Name, Date of Birth, Street Address (no P.O. Boxes), City, State, Zip Code and Daytime Phone Number including area code (collectively, “Entry Information”). All required Entry Information must be completed in full. Limit one (1) Sweepstakes Entry per person/email address. Sweepstakes Entries must be received by 6:00 p.m. PT on January 6, 2010. Sponsor’s computer is the official clock for the Sweepstakes. Proof of submitting a Sweepstakes Entry will not be deemed by Sponsor as proof of receipt or entry into the Sweepstakes. Any attempted form of entry into this Sweepstakes other than as described herein is void.
3. Prizes/Odds of Winning. A single prize will be awarded in this Sweepstakes. The Prize winner will receive the following (“Award Package”): (a) one-on-one cooking lesson from Chef/Owner Evan Kleiman at Angeli Caffe; (b) wine pairing tutorial. Approximate Retail Value (“ARV”) of Award Package: $400.00. U.S. Award Package conditions may be added or modified by companies providing portions of the Award Package. Prize package must be booked in advanced and is based on chef availability; deluxe guest room is double occupancy, based on availability, restrictions and black-out dates apply; dinner excludes additional beverages and gratuity. Once confirmed, any cancellation or change fees or restructuring of Award Package are the sole responsibility of the Award Package winner. If a component of the Award Package is not available during the time of Award Package winner’s trip for whatever reason (e.g., weather conditions, etc.), that portion of the Award Package will be forfeited, and no compensation will be awarded in lieu thereof. Items not specifically mentioned as being included as part of the Award Package are the sole responsibility of the Award Package winner and his/her guest, if applicable, and may include, but are not limited to, air and ground transportation, room service, laundry service, spa treatments, unspecified meals, alcoholic beverages, hotel incidentals, local and long distance telephone calls, gratuities, personal items, government fees, and all other costs and expenses not otherwise mentioned in these Rules. The Award Package restrictions and conditions stated herein are not all-inclusive and may be subject to additional restrictions/conditions, which may be stated in the Affidavit/Release (described below) and/or Award Package documents. Odds of winning a prize depend on the total number of eligible Sweepstakes Entries received. All other costs associated with accepting, redeeming and using a prize are the sole responsibility of the winner. Any depictions of a prize are for illustrative purposes and may not be actual prize awarded. No substitution, transfer, or cash equivalent is available for a prize (or component of a prize), except that Sponsor, at its sole discretion, may substitute a prize with a prize of equal value, whether due to the unavailability of a prize, or for any other reason. Prize notifications will be mailed to street addresses in the U.S. (including D.C.). All federal, state or other taxes are the sole responsibility of each winner. The Award Package winner will be issued an IRS Form 1099 from the Sponsor or Sponsor’s designee for the total ARV of the prize (as stated above) that he/she won in the calendar year that he/she won.
4. Drawing and Notification of Winner. The potential winner will be randomly selected by computer from among all eligible Sweepstakes Entries received on or about January 8, 2010. Each potential winner will be notified by phone (at the phone number provided on that entrant’s entry form) within one (1) week of the date his/her name was randomly selected. If any potential winner cannot be reached after a reasonable effort has been exerted, he/she is found to be ineligible, he/she cannot or does not comply with these Official Rules and/or if his/her prize notification is returned as undeliverable, such potential winner will be disqualified and, an alternate potential winner of such prize will be selected at Sponsors' sole discretion.
5. General Conditions: This Sweepstakes is subject to these Official Rules and all federal, state and local laws and regulations (collectively “Rules and Laws”). After notification, potential Award Package winner will be required to execute, have notarized, and return an Affidavit of Eligibility, a Liability Release, a Publicity Release (where legal), and any other documentation that the Sweepstakes Sponsor may require (collectively “Affidavit/Release”), within five (5) days after receipt, or such potential winner will be disqualified, and an alternate potential winner (if available) for the prize will be selected. By returning a completed Affidavit/Release, such winner attests to the provisions stated therein including the accuracy of the information contained therein and compliance with these Official Rules. Award Package winner’s guest will be required to execute, have notarized, and return a Liability Release, a Publicity Release and any other documentation that the Sweepstakes Sponsor requires (“Guest Releases”) within four (4) days after receipt by potential Award Package winner. Once submitted, Sweepstakes Entries become the sole property of Sponsor and will not be returned. Notwithstanding anything to the contrary in Sponsor’s privacy policy and except where prohibited by law, entry into the Sweepstakes and/or a winner’s acceptance of a prize constitutes permission of such winner for Sponsor to use, without notice or further compensation, worldwide, and in perpetuity, in any and all forms of media, now known and hereafter devised, winner’s first name, last initial, city, and state for purposes of advertising, trade, promotion and publicity. Sponsor reserves the right, at its sole discretion, to disqualify any individual found to be tampering with the entry process or the operation of the Sweepstakes; to be acting in violation of the Official Rules, or to be acting in a non-sportsmanlike or disruptive manner. Any person attempting to defraud or in any way tamper with the Sweepstakes will be ineligible to win a prize. If, for any reason, the Sweepstakes is not capable of running as originally planned, Sponsor, in its sole discretion, reserves the right to cancel, suspend or modify the Sweepstakes and award the prize from all eligible Sweepstakes Entries received prior to and/or after (as appropriate) the action taken by Sponsor, or award the prize in a manner that is fair and equitable. In case of a dispute over the identity of an entrant who submitted a winning Sweepstakes Entry, the authorized account holder of the email address associated with that Sweepstakes Entry will be deemed the entrant. The "authorized account holder" is deemed the natural person who is assigned to an e-mail address by an Internet access provider, service provider or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Said owner must comply with these Official Rules and, at Sponsor's sole discretion, may be required to provide proof of ownership of the email account.
6. Disclaimers: Sweepstakes Entities are not responsible or liable for Sweepstakes Entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), in excess of the stated limit, or for Sweepstakes Entries that are illegible, late, destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged, incomplete, or otherwise not in compliance with these Official Rules, and all such Sweepstakes Entries will be disqualified. By entering the Sweepstakes, each entrant agrees and acknowledges to be bound by the Rules and Laws, as well as the decisions of the Sponsor which are final and binding in all respects; to waive any rights to claim ambiguity with the Rules and Laws, and that the Sweepstakes Entities shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury or death) in connection with: participation in the Sweepstakes; acceptance/possession, defects, and/or use/misuse of any prize (including, but not limited to, cancellations and delays or any change by any company or any other persons providing any of the services for the Award Package winner and his/her guest due to reasons beyond control of Sponsor); typographical errors in Sweepstakes promotional material; shipping delays; human error; incorrect or inaccurate transcription of Entry Information; any technical malfunctions of the network; interruption or inability to access the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, defects; and/or any other errors or malfunctions, even if caused by the negligence of Sponsor. Each entrant further agrees to indemnify and hold harmless the Sweepstakes Entities from any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against the Sponsor or companies providing awards goods or services. Sweepstakes Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed to (1) by any wrongful, negligent or unauthorized act or omission on the part of the prize supplier or any of its agents, servants, employees or independent contractors, (2) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of Sponsor, or (3) by any other cause, condition or event whatsoever beyond the control of Sponsor or its subsidiaries and affiliated companies.
7. ARBITRATION / WAIVER OF INJUNCTIVE RELIEF / GOVERNING LAW: BY SUBMITTING A SWEEPSTAKES ENTRY, ENTRANTS AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE OFFICIAL RULES, ITS ENFORCEMENT, ARBITRABILITY OR INTERPRETATION SHALL BE SUBMITTED TO FINAL AND BINDING ARBITRATION, TO BE HELD IN LOS ANGELES COUNTY, CALIFORNIA, BEFORE A SINGLE ARBITRATOR, IN ACCORDANCE WITH CALIFORNIA CODE OF CIVIL PROCEDURE SECTIONS 1280 ET. SEQ. THE ARBITRATOR SHALL BE SELECTED BY MUTUAL AGREEMENT OF THE PARTIES OR, IF THE PARTIES CANNOT AGREE, THEN BY SELECTING AN ARBITRATOR FROM A LIST OF ARBITRATORS SUPPLIED BY JAMS (JUDICIAL ARBITRATION AND MEDIATION SERVICES). IF THE PARTIES STILL CANNOT AGREE ON AN ARBITRATOR, THE ARBITRATOR SHALL BE APPOINTED BY JAMS. THE ARBITRATION SHALL BE A CONFIDENTIAL PROCEEDING, CLOSED TO THE GENERAL PUBLIC. THE ARBITRATOR SHALL ISSUE A WRITTEN OPINION STATING THE ESSENTIAL FINDINGS AND CONCLUSIONS UPON WHICH THE ARBITRATOR’s AWARD IS BASED. THE PARTIES WILL SHARE EQUALLY IN PAYMENT OF THE ARBITRATOR’s FEES AND ARBITRATION EXPENSES AND ANY OTHER COSTS UNIQUE TO THE ARBITRATION HEARING (RECOGNIZING THAT EACH SIDE BEARS ITS OWN DEPOSITION, WITNESS, EXPERT AND ATTORNEYS” FEES AND OTHER EXPENSES TO THE SAME EXTENT AS IF THE MATTER WERE BEING HEARD IN COURT). NOTWITHSTANDING THE FOREGOING, THE ARBITRATOR MAY REQUIRE THAT SUCH FEES BE BORNE IN SUCH OTHER MANNER AS THE ARBITRATOR DETERMINES IS REQUIRED IN ORDER FOR THIS ARBITRATION CLAUSE TO BE ENFORCEABLE UNDER APPLICABLE LAW.
Entrants further understand and agree that they shall have no right to enjoin or restrain the advertising, promotion, distribution or exploitation of the Sweepstakes.
Entrants acknowledge that the internal substantive laws (as distinguished from the choice of law rules) of the State of California and the United States of America applicable to contracts made and performed entirely in California shall govern the validity and interpretation of these Official Rules and all other causes of action (whether sounding in contract or in tort) arising out of or relating to these Official Rules.
8. Rules/Winners List: For a copy of these Official Rules or the Winners List, send a self-addressed, stamped envelope to: dineLA Sweepstakes “Rules”/”Winners List” (specify which), 333 South Hope Street, 18th Floor, Los Angeles, CA 90071. All requests must be received by January 6, 2010.
9. Sponsor: LA Inc. The Convention and Visitors Bureau, 333 South Hope Street, 18th Floor, Los Angeles, CA 90071.
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