TASTEMAKER TORONTO GIVEAWAY (THE “PROMOTION”)
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED DURING THE ENTRY PERIOD. VOID WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT. TRAVEL AND/OR LODGING NOT INCLUDED IN PRIZE.
This Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram, LLC (“Instagram”).
HOST: The host of this Promotion is International Merchandising Company, LLC (the “Host”), 1360 East 9th Street, Suite 100, Cleveland, OH 44114. This Promotion is governed by these official rules (“Official Rules”). By participating in the Promotion, each entrant agrees to abide by these Official Rules, including all eligibility requirements, and understands that the results of the Promotion, as determined by Host and its agents, are final in all respects. Host owns and operates Tastemaker Chicago, taking place at Revel Fulton Market in Chicago, IL on August 17 and 18, 2018 (the “Event” or “Tastemaker Chicago”).
ELIGIBILITY: The Promotion is open only to individuals who are legal residents and physically located in one (1) of the fifty (50) United States or D.C., and at least twenty-one (21) years of age at the time of entry, or a resident and physically located in Canada (excluding Quebec) and at least nineteen (19) years of age or older at the time of entry. Employees, officers, and directors (including immediate family members (i.e., spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and members of the same household, whether or not related) of the Host and each of its respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers, advertising and promotion agencies, and any and all other companies associated with the Promotion are not eligible to participate or win the Prize. The “Host Entities” shall mean Host and its parent, subsidiary, affiliated and related entities, and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities.
ENTRY PERIOD: The Promotion will have one (1) Entry Period as outlined below (the “Entry Period”):
Begins on or about 5:00 p.m. Eastern Time (“ET”) on June 11, 2018 and ends at 11:59 p.m. ET June 16, 2018.[KR1]
As a condition of entering the Promotion, each entrant gives consent for Host to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Promotion and to comply with applicable laws, regulations and rules. Any information entrant provides to Host may be used to communicate with entrant in relation to this Promotion or on a Promotion winner’s list. No other method of entry will be accepted.
Limit one (1) entry per person per day during each Entry Period. [KW3] [JC4] Additional entries beyond the specified limit, and any entries that do not otherwise comply with these Official Rules, will be void. Host’s designated computer shall be the official timekeeper of the Promotion. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information, accounts or otherwise may result in the entrant being disqualified. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Promotion at Host’s sole and absolute discretion. Entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Those who do not follow all of the instructions or abide by these Official Rules or other instructions of Sponsor may be disqualified.
RANDOM DRAWING AND ODDS: There will be ten (10) total Winners selected in this Promotion (collectively “Winners”). Each winner will be selected by random drawing in a commercially reasonable time following the end of each Entry Period from among all eligible entries received by Host. Subject to verification of eligibility and compliance with the terms of these Official Rules, the potential winners will be declared the official winners of the Promotion (the “Winner”). The decisions of Host are final and binding on all matters relating to this Promotion. Odds of winning depend on the total number of eligible entries received by Host during the Entry Period.
WINNER SELECTION: All eligible entries received during the Entry Period will be gathered together into a database at the end of the Entry Period. One potential Grand Prize Winner and five (5) potential Runner-Up Winners will be chosen at random from among such pool of entries during the Entry Period. The potential Winners will be contacted after the end of the applicable Entry Period. Announcement and instructions for obtaining Prizes will be sent to the potential Winners via e-mail[KW5] [JC6] . Each entrant is responsible for monitoring his/her e-mail account for Prize notification and receipt or other communications related to this Promotion. If a potential Prize Winner cannot be reached by Host within forty-eight (48) hours (“Required Response Time”) using the e-mail address provided during entry, that potential Prize Winner shall forfeit the Prize. If a Canadian resident, the potential Winner must also answer correctly, within a five (5) minute time period, a mathematical skill-testing question without the benefit of any calculating devices before the prize will be awarded. Should such potential Winner answer the skill-testing question correctly, the potential winner shall become an official Winner. At the request of Host, the potential Winners may be required to return an Affidavit of Eligibility, Release and Prize Acceptance Form and IRS W-9 form (collectively, “Affidavit”). If a potential Winner fails to comply with these Official Rules, that potential Winner will be disqualified. Prizes may not be awarded if an insufficient number of eligible entries are received.
NOTIFICATION: The potential Winners will be notified via email by Host (the “Prize Notification”) and will be required to privately (email, or other secure means) provide his/her name, address, age and other personal information necessary to receive the Prize. In the event that any potential Winner does not respond to any such Prize Notification within the Required Response Time, declines the Prize for any reason a disqualification will result, the Prize will be forfeited and, at Host’s sole discretion and time permitting, an alternate potential Winner may be randomly selected from among all remaining eligible entries. The potential Winner may be required to submit his/her valid social security number and/or other identification to Host and may be required to execute, have notarized and return an Affidavit. Failure to submit any identification required by Host or to return the required documents within the specified time period, noncompliance with these Official Rules or the return of the Prize (or any portion thereof) or Prize Notification as undeliverable may result in disqualification and Prize forfeiture and, at Host’s sole discretion and time permitting, may cause an alternate potential Winner to be randomly selected from among all remaining eligible entries. The Host Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email account to receive email messages.
PRIZE[KR7] : The will be ten (10) prizes (the “Prize(s)”). Each Prize shall include two (2) tickets to Tastemaker Toronto 2019 with preview access to the event. Approximate Retail Value (“ARV”) of the Prize is: Sixty-Five Canadian Dollars ($65.00 CAD[AF8] [JC9] ). The total ARV for the Promotion is Six Hundred Fifty Canadian Dollars ($650.00 CAD).
PRIZE CONDITIONS: All Prize details shall be determined, in the sole and absolute discretion of Host. No compensation will be paid in lieu of lost or stolen Prize or cancelled event. The Winner is strictly prohibited from auctioning, trading or otherwise transferring the Prize unless Host consents in writing. Any tickets to an event are subject in all respect to the terms and conditions set forth on the tickets and any requirements of the facility hosting the event. The Winner is fully responsible for any and all applicable federal, state, provincial and local taxes (including income and withholding taxes), regardless of whether they, in whole or in part, are used. The ARV of the Prize is based on available information provided to Host and the value of any Prize awarded to a Winner may be reported for tax purposes as required by law. If a US resident, the Winner may be required to provide Host with a valid social security number before the Prize will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of Winner for the actual value of the Prize received. All costs and expenses associated with the Prize acceptance and use not specified herein as being provided are the sole responsibility of the Winner. The Prize is non-transferable and non-assignable, with no cash redemptions except at Host’s sole and absolute discretion. Host reserves the right to substitute the Prize (or any portion thereof) with a prize of comparable or greater value at its sole and absolute discretion. Released Parties (defined below) will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation or postponement of any Prize. Prize may not be resold or offered for resale. Any such resale may result in disqualification and Prize forfeiture. The Released Parties are not responsible for and will not replace any lost, mutilated or stolen Prize(s) or any Prize that is undeliverable or does not reach a Winner because of an incorrect or changed address. If a Winner does not accept or use the entire Prize, the unaccepted or unused part of the Prize will be forfeited and the Released Parties will have no further obligation with respect to that Prize or portion of the Prize. No more than the stated number of Prize(s) will be awarded. The Released Parties are not responsible for and Winner will not receive the difference, in any, between the actual value of the Prize at the time of award and the stated ARV in these Official Rules or in any Promotion-related correspondence or material. Limit of one (1) Prize per person. Limit one prize per person per year.
RELEASE: By entering the Promotion and submitting an entry, each entrant releases in perpetuity the Released Parties from any claims, demands, losses and liabilities of any nature arising out of or in any way connected with the entry, and the use thereof as permitted hereunder, including, but not limited to, claims of copyright or trademark infringement, false endorsement, libel, slander, defamation or infringement of rights of publicity or privacy. Nothing herein will obligate Host make any use of any of the rights set forth herein.
WAIVER OF LIABILITY/PUBLICITY RELEASE: By participating in the Promotion and submitting an entry, each entrant agrees to: (i) be bound by these Official Rules, including all entry requirements, and (ii) waive any and all claims against Host, Instagram, and each of its respective parents, affiliated companies, subsidiaries, officers, directors, employees, agents, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, and any and all other companies associated with the Promotion, and all of their respective officers, directors, employees, agents and representatives (collectively, “Released Parties”) for any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from the participation in the Promotion or from the receipt or use of the Prize (or any portion thereof) or any travel or activity related to the receipt or use of the Prize (or any portion thereof). By entering this Promotion, each entrant gives his/her express permission to be contacted by Host by telephone, email and/or postal mail for Promotion purposes. The Winner, by acceptance of the Prize, grants to Host and each of its designees the right to publicize each Winner’s name, address (city and state or province of residence), photograph, voice, statements and/or other likeness and Prize information for advertising, promotional, trade and/or any other purpose in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, unless prohibited by law.
GENERAL CONDITIONS: Released Parties are not responsible for stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated, postage-due or garbled entries, transmissions, email or mail; or for lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider (ISP), wireless network, website, API, or other connections including those through and/or by any website, availability or accessibility or miscommunications or failed computer, satellite, telephone, cable or wireless transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; wireless service congestion; failures or malfunctions of phones, phone lines or telephone systems, wireless towers or cellular tower equipment; any error, omission, interruption, defect or delay in wireless or other transmission, processing, or communication; non-delivery; misdirected, blocked, or delayed email notifications; printing, typographical or other errors appearing within these Official Rules, in any Promotion-related advertisements or other materials; or any other errors, problems or difficulties of any kind whether human, mechanical, electronic, network, computer, telephone, wireless service, mail, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of entries, the announcement of the Prize or in any Promotion-related materials, or the cancellation or postponement of any event. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion. Released Parties are not responsible for injury or damage to participants' or to any other person’s computer and/or wireless device related to or resulting from participating in this Promotion or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Promotion or website or attempt to undermine the legitimate operation of the Promotion by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other entrant or any representative of Host or who are in violation of these Official Rules, as solely determined by host, will be disqualified and all associated entries will be void. Any attempt to damage the content or operation of this Promotion is unlawful and subject to legal action by Host and/or its respective agents. Host shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Promotion, and to resolve all disputes in its sole discretion. Released Parties: (i) make no warranty, guaranty or representation of any kind concerning the Prize (or any portion thereof), and (ii) disclaim any implied warranty. Host’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Host reserves the right, in its sole discretion, to cancel or suspend the Promotion (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the Promotion (or any portion thereof). In the event of cancellation, Host may elect to identify each Winner and award the Prize by way of random drawing from among all non-suspect, eligible entries received up to the time of such cancellation. Host also reserves the right, in its sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Promotion. In the event Host is prevented from continuing with the Promotion by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Promotion by any party, or any federal, state, local or provincial government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Host or Sponsor’s control (each a “Force Majeure” event or occurrence), Host shall have the right to modify, suspend or terminate the Promotion or Prize.
CAUTION: ANY ATTEMPT TO DAMAGE ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, HOST WILL DISQUALIFY ANY SUCH ENTRANT, AND HOST AND/OR ITS RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Entries generated by a script, macro or other mechanical or automated means will be disqualified. In the event of dispute as to the identity or eligibility of any potential Winner based on an e-mail account, the winning entry will be declared made by the full name submitted the entry at the time of entry provided he/she is eligible according to these Official Rules. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Host’s satisfaction, the affected entry will be deemed ineligible.
As a condition of entering this Promotion, each entrant agrees that: (A) any and all disputes, claims, controversies or causes of action arising out of or relating to this Promotion, or any Prizes awarded (each, a “Claim”), shall be: (1) arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party, and (2) settled by binding arbitration in New York County, New York before a single arbitrator appointed by the American Arbitration Association in accordance with its then governing rules and procedures, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof; and (B) under no circumstance will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses. These Official Rules shall be governed by and construed and interpreted in accordance with the laws of the State of New York, U.S.A, applicable to contracts entered into and performed exclusively in that State, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
NAME OF PROMOTION WINNER: To receive the name of the Winner, send a stamped self-addressed envelope prior to August 1, 2018 to: “Tastemaker Chicago Promotion” is International Merchandising Company, LLC, 1360 East 9th Street, Suite 100, Cleveland, OH 44114 (Attn: Legal Department). Canadian residents may omit return postage.