SweepSTEAKS Official Rules
THE FOLLOWING PROMOTION IS INTENDED FOR VIEWING IN THE 48 CONTIGUOUS UNITED STATES AND D.C. ONLY (EXCLUDING, WITHOUT LIMITATION, All US TERRITORIES, OFF-SHORE COMMONWEALTHS AND POSSESSIONS) AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW AND AMERICAN ENGLISH. YOU MUST BE 21 OR OLDER TO ENTER. YOU ARE NOT AUTHORIZED TO ENTER THIS SWEEPSTAKES
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING THE PRIZE.
- Eligibility: This Sweepstakes is open only to legal residents residing in the 48 contiguous United States and D.C. (excluding, without limitation all US territories, off-shore commonwealths and possessions) who are at least 21 years old. In addition, the following individuals are not eligible to enter these Sweepstakes and cannot be awarded the prize: Employees, officers, directors, agents, representatives, or franchisees/licensees of NESTLE WATERS North America (“Sponsor”), Shula’s Steak Houses, LLLP (“Marketing Partner”), STRAIGHT UP SOLUTIONS The Marketing Agency (“Administrator”) and their respective parent companies and subsidiaries, and their immediate families (spouse, parents, children, siblings and each of their spouses regardless of where they live) or members of their households,, and Sponsor’s and partners advertising, design, web design, web hosting and promotion and publicity agencies, and anyone connected with the production or distribution of this Sweepstakes (the “Sweepstakes Entities”), and employees, officers or directors of any restaurant or hotel or alcohol beverage licensees wherever located.
- There are two (2) ways to enter the Sweepstakes: Online and In-Store. The “Sweepstakes Period” is from 12:00 a.m. Eastern Time (“ET”) on August 4, 2017 (“Sweepstakes-Start”) to 11:59 p.m. (“ET”) on October 31, 2017 (“Sweepstakes-End”). Sponsor’s website determines the time for Online entries. The Sweepstakes Period for In-Store entries is during local business hours in partners’ participating restaurants and during the Sweepstakes Period.
- How to Enter: Eligible individuals can enter the Sweepstakes online or in participating restaurants.
- Online Entry: Go to www.donshula.com during the Sweepstakes Period and follow the instructions for entering the Sweepstakes. You will be asked to complete all required fields including your full name, zip code, daytime phone number (optional), date of birth and a valid, working email address for which you are the authorized user. Entries must be made by an individual from a stand-alone computer or mobile device and may not be made by proxy or any electronic/automated means such as, without limitation, script, bot, macro, or any other similar software or program.
- In-Store Entry: Go to a participating restaurant (see http://www.donshula.com/ for locations) during the Sweepstakes Period and restaurant business hours and complete a Sweepstakes Entry card and deposit it in the Sweepstakes Entry Box. You will be asked to complete all required fields including your full name, Zip Code, daytime phone number (optional), date of birth and a valid, working email address for which you are the authorized user. entrants
Limit one (1) entry per person or email address regardless of the method of entry. You may not enter with multiple emails and/or multiple identities, nor may you use any other device or artifice to obtain more than one (1) entry. All discovered entries made in violation of these rules will be deleted. You must supply an accurate, functioning email address, for which you are the authorized user, for your entry to be eligible and for winner notification. It is an entrant’s your responsibility to keep his/her email address current. An email “Authorized user” is defined as the natural person who is assigned to an email address by an Internet mail provider, Internet access provider, online service provider or organization (e.g. webmail provider, business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the email address. Proof of entering is not proof of entry receipt. In the case of a dispute regarding who submitted a particular online entry, the entry will be deemed submitted by the authorized account holder of the email account. Sponsor, Marketing Partner and Administrator are not responsible for electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind or insufficient space in an entrant’s email account to receive email messages. The prize will be awarded to the Grand Prize winner selected, provided it is claimed properly according to these Official Rules.
- Winner Selection: The Administrator will collect all eligible entries received online and in participating partner restaurants during the Sweepstakes Period. One (1) Grand Prize winner will be chosen on or about, January 15, 2018 in random drawings Potential Grand Prize winner will be notified approximately three (3) business days after the selection is made via email to the email address submitted during entry. A potential winner will have three (3) business days to reply, agreeing to accept the prize and providing/confirming full contact information requested. Failure to confirm and provide all the information requested will signify to Administrator that the prize has been declined and forfeited for all time without further notice, and another potential Grand Prize winner will be chosen in random drawings. The Grand Prize potential winner and his/her travel companion (who must be a legal resident of the USA and 21 years of age or older) will be required to execute and return an Affidavit of Eligibility, Liability and (where legal) Publicity Release within three (3) business days of date on notification or it will be concluded definitively and for all time that the prize has been declined, and a new potential winner will be selected in random drawings. This will continue until an eligible potential winner accepts the Grand Prize and complies with all these Official Rules. Should a greater number of prize claims be received because of printing, emailing, phoning, messaging, programming errors or for any reason whatsoever, only the prize and the value stated in these Official Rules will be awarded in the Administrator’s sole discretion.
- Quantity, Prize, Approximate Retail Value (“ARV”) and Odds: (1) Grand Prize: A 4-night/5-day trip for two (2) to Sicily including: Roundtrip, economy class air travel for two (2) on an airline selected in Sponsor’s sole discretion (there will be stops and connections), from the nearest major airport to winner’s residence to Catania Airport (CTA), inclusive of airline fuel surcharges and airline service charges, on a schedule to be determined by Sponsor (in its sole, subjective determination); transfers to/from Sicily; four (4) nights double occupancy accommodation in a standard room at Hotel Imperiale Taormina; meals during five (5) days including four (4) dinners. All travel must take place in April 2018 (exact dates TBD) ARV: $7,000 depending on location of winner.
- Odds of winning: Dependent on number of eligible entries received in the Sweepstakes-Period in all participating restaurants and online. The Grand Prize winner will be responsible for all expenditures not specifically mentioned in these Official Rules, including, without limitation, transportation to/from departure airports, baggage fees, all meals and beverages (including alcohol beverages) not included as part of the prize, gratuities, incidentals, personal expenses and travel/medical/baggage insurance. Airline tickets, hotel accommodations, festival tickets, dinner or any other Grand Prize items are non-transferable and non-endorsable and cannot be exchanged or refunded for cash. Airline tickets issued will not be eligible for accrual of frequent flyer mileage. A Grand Prize winner must accept the flights offered by Sponsor (or its agents) in its sole discretion. No other accommodations, refunds, compensation, or any other remuneration will be provided in such event. No changes will be made to travel details once any element(s) of the travel arrangements have been booked, except in Sponsor’s sole discretion. Sponsor will not replace any lost or stolen tickets, travel vouchers, passes or similar items once they are in the Grand Prize Winner’s possession. Sponsor will determine flight itinerary in its sole discretion. Once flight arrangements have been confirmed, no changes will be allowed except by Sponsor in its sole discretion. Any unclaimed and/or unused or underused Grand Prize travel package or elements thereof will be forfeited by Grand Prize Winner and will remain the property of Sponsor. Travel is subject to the terms and conditions set forth in these Official Rules and those set forth by Sponsor’s air travel prize supplier, as detailed in the passenger ticket contract issued by such supplier. The Grand Prize winner and his/her travel companion are responsible for: (i) all travel documents including, without limitation, a current, valid U.S. Passport, or other travel document requirements acceptable to the airline(s), The Transportation Security Administration (TSA) and the US and Italian governments, (ii) all medical requirements, (iii) respecting all local regulations; (iv) full compliance with the regulations of the airline(s), hotel and the Festival, and; (v) for presenting a valid, major credit card upon registering at the hotel to cover all costs and expenses not specifically included as part of the Grand Prize in these Official Rules. Sponsor, airline(s), hotel and the Festival have the right to refuse travel and/or admission to anyone who does not have proper documents or who does not comply with all regulations or comport him/herself properly. There will be no substitution or compensation for the prize or part of the prize forfeited due to winner’s or winner’s companions’ non-compliance with travel and partners’ regulations, or any other reason. By entering this Sweepstakes, a winner acknowledges that the Sweepstakes Entities have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to the prize or regarding the use, value or enjoyment of the prize. The right to receive the prize is non-assignable, non-exchangeable and non-transferable and no prize substitution or cash equivalent will be given, except that Sponsor may substitute a prize or part of a prize of comparable or greater value in its sole discretion. Prize and prize notifications that are returned as undeliverable will disqualify winner. The prize will be awarded if claimed properly and is awarded “as is.” Should the value of the prize be less than the ARV stated above, the difference will not be awarded in cash or kind.
- General: By participating in this Sweepstakes, you agree to be bound by these Official Rules. Sweepstakes administration and winner selection will be conducted by the Administrator, an independent judging organization, whose decisions are final and legally binding. No participant or winner shall have the right to question any decision by Sponsor or the Administrator concerning any aspect of the Sweepstakes, or the interpretation of the Official Rules, or the determination as to the qualification of entries. Sponsor, Administrator and Marketing Partner are not responsible for those who cannot access the Internet or cannot click-through for any period of time regardless of technical, hardware, software, telephone, Internet, virus contamination or network problems, and for delay, failure or malfunction for any reason including, but not limited to, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors, force majeure, human errors, including, but not limited to, errors by Sponsor’s or the Marketing Partner’s representatives and/or agents who enter incorrect information into any of Sponsor’s or agent’s computer systems. Proof of entry is not proof of entry receipt. Sponsor reserves the right to cancel/terminate, modify or suspend the Sweepstakes if in Sponsor’s sole determination it believes that the integrity of the Sweepstakes has been, or could be, compromised or that the Sweepstakes is not capable of running as planned or fairly, including infection by computer virus, bugs, tampering, unauthorized intervention (hacking), fraud, technical failures, force majeure, human error or any other causes beyond Sponsor’s control. Should the Sweepstakes be cancelled, potential winners will be chosen from all the non-suspect eligible entries, in Administrator’s sole judgment. Sponsor reserves the right to disqualify any discovered entry from the Sweepstakes if, in Sponsor’s sole judgment, entrant has not fully complied with these Official Rules. Without limitation, all of an entrant’s discovered entries will be disqualified, at the sole discretion of Sponsor, if entrant attempts (i) to enter the Sweepstakes through any means, or a greater number of times, other than as described in these Official Rules; or (ii) provides information that is inaccurate or fraudulent; (iii) attempts to disrupt the Sweepstakes or circumvent the terms and conditions of these Official Rules; or (iv) or is ineligible to participate in the Sweepstakes. Sweepstakes Entities assume no liability for damage caused to entrant’s or any other person’s/entity’s computer hardware, software or communications network, regardless of cause.
- By entering this Sweepstakes, each participant explicitly releases, discharges and holds harmless Sponsor, Administrator, Marketing Partner and all of the Sweepstakes Entities, and their respective successors, estates and assigns and all their respective shareholders, directors, officers and employees, one and all, from any and all direct and indirect liability, actions, causes of action, damages, actual, incidental or consequential, claims and demands whatsoever in law or equity, including all “costs”, which s/he now has or may acquire, by reason of any personal injury, death, loss of or damage to property, or any reason, occurring during or arising out of his/her participation or non-participation in the Sweepstakes and the acceptance and use or misuse of the prize. By accepting the prize, a winner waives the right to (i) assert as a cost of winning the prize any and all costs of verification and redemption or travel to redeem said prize, or (ii) claim any liability (including attorney’s fees and costs) which might arise from redeeming or seeking to redeem said prize (including any travel related thereto) and (iii) acknowledges that the Sweepstakes Entities have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to the prize or regarding the use, value or enjoyment of the prize.
- Sweepstakes void where prohibited, licensed, restricted or taxed. All federal, state and local laws and regulations apply. If any provision of the Sweepstakes or these Official Rules shall be deemed to violate any federal, state or local law, regulation or ordinance, it shall be amended to conform to such law and all other provisions shall remain in full force and effect. If Sponsor is required by applicable federal, state or local law, regulation or ordinance, or by action of an administrative agency to cease offering the Sweepstakes in any jurisdiction, Sponsor reserves the right to (i) terminate the Sweepstakes in such jurisdiction in its entirety, and/or (ii) cancel and remove from participation in the Sweepstakes any and/or all entries from entrants residing in such jurisdiction, without penalty and without obligation to any Sweepstakes entrants. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. All taxes are winner’s responsibility and an IRS form #1099 will be sent to Grand Prize winner for the value stated in #5 above for the year 2017.
- Except where prohibited by law, by entering the Sweepstakes, as a condition of participating in this Sweepstakes and winning the prize, you agree to the use by Sponsor and its designees of your name, photograph, likeness, statements, biographical information (except address, phone number or email address), voice and city and state address for advertising and promotional purposes for this and similar promotions, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without additional compensation, review or approval rights, notification or permission. YOU FURTHER ACKNOWLEDGE THAT IF YOU ARE CHOSEN AS A WINNER, YOUR IDENTIFYING INFORMATION (EXCEPT ADDRESS, PHONE NUMBER AND EMAIL ADDRESS) MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, BEING PLACED ON A WINNERS’ LIST.
- By entering the Sweepstakes, entrant agrees and acknowledges that any and all disputes, claims, action and causes of action arising out of or connected with this Sweepstakes or the prize awarded, and all issues and questions concerning the validity, interpretation and enforceability of these Official Rules shall be resolved individually, without resort to any form of group or class action, and exclusively in a court of competent jurisdiction sitting in Broward County, Florida without regard for conflicts of law doctrine. Entrant also does hereby waive trial by jury in any and all disputes, claims, actions, and causes of action arising out of or connected with this Sweepstakes or the prize awarded, and all issues and questions concerning the validity, interpretation and enforceability of these Official Rules. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes and never shall include consequential, incidental, special, multiplied or punitive damages, and in no event attorneys’ or experts’ costs.
- The Sweepstakes Entities shall not be responsible for technical, pictorial, typographical or editorial errors or omissions in the Sweepstakes website, any marketing materials or these or the abbreviated Official Rules.
- For a Winners List — send a self-addressed-stamped-envelope to STRAIGHT UP SOLUTIONS, c/o SICILY SweepSTEAKS, 2151 Consulate Drive, Suite 4, Orlando, FL 32837 to be received by July 15, 2018. No mechanically reproduced or photocopied requests allowed. Only one (1) request per outer mailing envelope. You cannot enter the Sweepstakes using this address. Entries mailed to this address will be discarded.
- Sponsor/Administrator: This Sweepstakes is sponsored by NESTLE WATERS North America., 900 Long Ridge Road, Building 2, Stamford, CT 06902-1138, and is administered by STRAIGHT UP SOLUTIONS 2151 Consulate Drive, Suite 4, Orlando, FL 32837.