DINE WITH RANA SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
Submitting an entry constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor, which shall be final and binding on all matters relating to the Sweepstakes.
1. SPONSOR/ADMINISTRATOR: Dine with Rana Sweepstakes (the “Sweepstakes”) is sponsored by Rana Meal Solutions, LLC, 550 S Spitzer Rd., Bartlett, IL 60103 (the “Sponsor”) and administered by Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747, USA (the “Administrator”).
2. SWEEPSTAKES PERIOD: The Sweepstakes begins at 12:00 a.m. Eastern Time (“ET”) on October 10, 2016 and ends at 11:59 p.m. ET on October 1, 2017 (“Sweepstakes Period”) with five (5) separate entry periods (each, an “Entry Period”) as defined below. The Website’s (as defined below) database clock will be the official timekeeper for this Sweepstakes.
3. ELIGIBILITY: Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia who, as of date of entry, are at least eighteen (18) years of age and possess a valid passport. Employees, officers and directors of Sponsor, The Martin Agency, Administrator, and each of their respective parent companies, affiliates, subsidiaries, retailers, advertising and promotion agencies and judging organizations (collectively with Sponsor, The Martin Agency, and Administrator, the “Sweepstakes Parties”), as well as each of their immediate family members (spouses, parents, children, and siblings and their spouses), and household members of each (whether related or not), are not eligible to enter or win. This Sweepstakes shall be construed and evaluated solely according to United States law and is void where prohibited and subject to all federal, state and local laws and regulations. By entering, entrants acknowledge compliance with these Official Rules, including eligibility requirements.
4. HOW TO ENTER: There is no purchase necessary to participate in the Sweepstakes. A purchase does not increase your chances of winning. During the Sweepstakes Period, visit https://dinewithrana.com (the “Website”) and complete all required fields of the onscreen registration form, including full name, email address, phone number, and your essay response (in 250 words or less) to why you would like to join Giovanni Rana’s family in Verona, Italy (optional) to receive one (1) entry into the corresponding Entry Period’s (as defined below) random drawing.
Limit one (1) entry per person/email address throughout the Sweepstakes Period. Entries must be received by the end of each Entry Period to be entered into that Entry Period’s random drawing. Non-winning entries will carry forward to subsequent Entry Periods’ random drawings (if any). Essay response is optional and if included, must be two hundred fifty (250) words or less. Entries will not be judged and if an essay is included, it will have no bearing in determining winners. Essay must be in English. The essay portion of your entry must meet the following requirements (any entry that, in Sponsor's sole and absolute discretion, violates the following requirements will be disqualified): The entry should not contain any third party copyrighted material that entrant does not have written permission to use and to sublicense to Sponsor for use in marketing and advertising. Any entry that is considered by Sponsor in its sole and absolute discretion to be obscene, pornographic, libelous, hate speech, disparaging, or otherwise objectionable, in whole or in part, will be disqualified and will not be eligible for entry. In the event the Sponsor, in its sole discretion, determines that any entry contains content that does not comply with these Official Rules, is inappropriate, or does not otherwise comply with regulatory guidelines, Sponsor reserves the right to disqualify the entry. All entries must comply with these Official Rules and the registration instructions outlined above in order to be eligible. Entries must be in keeping with Sponsor’s image, or desired image, or they will be disqualified. Any entry that violates this section or is otherwise objectionable (as determined solely by Sponsor), will not be considered and will be disqualified. By submitting an entry, you understand Sponsor has the right to post the entry on Sponsor’s applications/websites and/or in other Sponsor-selected media. If submitting an essay, entrants and winners acknowledge and agree that Sponsor has the right to edit, adapt, modify, reproduce, promote and otherwise use entries (or excerpts of entries) in any way it sees fit. By entering, you agree to waive any rights you may have to the entry submitted.
Normal Internet access and usage charges imposed by entrants’ online service will apply and are entrants’ sole responsibility. If entering via mobile device, normal phone/data and usage charges imposed by your phone service may apply. Sweepstakes Parties are not responsible for any compatibility issues with entrant's device/browser used for entry. Entries become the property of Sponsor upon receipt and will not be acknowledged or returned. Sweepstakes Parties are not responsible for lost, late, misdirected, corrupted, or incomplete entries. Proof of submission is not proof of receipt by Sponsor. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. For purposes of this Sweepstakes, an on-line entry is “received” when the Website’s servers record the entry information. Proof of sending (such as an automated computer receipt confirming entry or “thanks for entering” message) does not constitute proof of actual receipt of an entry for purposes of this Sweepstakes. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor or Administrator may be disqualified.
5. PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”): Grand Prizes (150 total – 30 per Entry Period): A trip for two (2) to Verona, Italy, including round-trip coach class air transportation from the major airport nearest the winner’s residence (winner is responsible for travel and expenses to and from such airport) to Verona, Italy (or nearby international airport), hotel accommodations for three (3) nights [one (1) standard room, based on double occupancy] including Sponsor-specified breakfast each morning for two at the hotel (2), and three (3) Sponsor-specified dinners in Verona (the “dinners”). Trips will be on dates specified by Sponsor, as outlined in the chart in Section 4. The ARV of each Grand Prize is $4,000. Actual retail value of each trip may vary depending on point of departure, travel dates and fare/rate fluctuations. The total ARV of all prizes is $600,000. Limit one (1) prize per person/household for the entire Sweepstakes Period.
Prizes are Sponsor-specified. Prizes (or portions thereof) are not transferable (except at Sponsor’s sole discretion); no substitutions or cash equivalents are allowed except by the Sponsor who reserves the right to award a prize of equal or greater value if advertised prize (or portion of prize) is unavailable. Winners are solely responsible for all applicable taxes in connection with prize. Prizes are not redeemable for cash. All federal, state, and local taxes, fees, and surcharges on any prize are the sole responsibility of winner of the prize. Each Grand Prize winner will be issued a 1099 tax form for the actual retail value of prize. No responsibility or liability is assumed for damages, losses or injury resulting from acceptance or use of any prize. Prizes are subject to availability and certain travel restrictions may apply. Sponsor will, in its sole discretion, determine which major airport is closest to each winner’s residence. Airline carrier’s regulations and conditions apply. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. Each winner and his/her respective travel companion must travel together on the same itinerary. If a winner elects to travel or participate in the prize travel with no travel companion, no additional compensation will be awarded for the travel companion portion of prize. Winners may not travel or participate in the prize travel with more than one (1) travel companion. Winners and their travel companions must possess valid travel documents (i.e., valid government issued photo ID and a valid passport) in order to travel. In order to use the Grand Prize, the winner and travel companion must have a valid passport or visa prior to travel. Winners and their travel companions are responsible for obtaining all necessary travel documents or prize will be forfeited. Seat selection and timing of trips are subject to confirmation of reservations and availability. Trips must be taken on dates specified by Sponsor as outlined in Section 4 and are subject to change in Sponsor’s sole discretion. The travel arrangements must be made through Sponsor’s agent and on an airline carrier of Sponsor’s choice. The winner must travel as and when designated by Sponsor or the prize may be forfeited and an alternate randomly selected winner chosen. In the event that any of the dinners are cancelled or postponed due to circumstances beyond Sponsor’s control, that portion of the prize will not be awarded and no additional compensation will be provided. All fees and expenses related to acceptance and use of the prizes (such as security fees, gratuities, luggage fees, meals, room service, ground transportation, incidental charges, etc.) not specifically stated herein are the sole responsibility of the prize winners. Major credit card may be required at check-in to cover any incidental charges. Winners’ travel companions must be legal residents of the fifty (50) United States or the District of Columbia and eighteen (18) years of age or older. Travel companions must complete and return a liability/publicity release prior to prize award. Sponsor-specified medical travel insurance will also be included as part of the prize. Winners and their travel companions acknowledge that any form of insurance above and beyond the Sponsor-specified medical travel insurance is their responsibility. No refund or compensation will be made in the event of the cancellation or delay of any flight except at the sole discretion of Sponsor. Travel is subject to the terms and conditions set forth in this Sweepstakes and those set forth by airline carrier‘s passenger ticket contract. Lost, stolen or damaged airline or dinner tickets will not be replaced or exchanged. Sponsor shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by any air carrier(s) or other transportation companies or any other persons providing any of these services to passengers including any results thereof such as changes in services or accommodations necessitated by same. The passenger contracts in use by the airlines or other transportation companies shall constitute the sole contracts with respect to the winners’ and their travel companions’ transportation and such contracts shall be solely between the winner, travel companion and such transportation companies. Air transportation and hotel accommodations must be taken together and cannot be taken separately. Each winner understands and agrees that Sponsor has the right, at its sole discretion, to disqualify and remove a winner or his/her travel companion from the travel, or dinners at any time without compensation if the winner’s or his/her travel companion’s behavior at any point is uncooperative, disruptive, or may or does cause damage to person, property, or the reputation of Sponsor or otherwise violates the policies of the Sponsor, and in such a case, that winner will still be solely responsible for all taxes and other expenses related to the prize, if any. As a condition of accepting a prize, each winner and his/her travel companion understand and agree that the Sweepstakes Parties reserve the right to photograph, videotape, and/or record/film any portions of the trip and/or dinners (“footage”). Sponsor owns that footage and reserves the right to use that footage or any portions of the footage in any promotional capacity as they see fit.
6. RANDOM DRAWINGS: On or about the Drawing Dates listed in the chart above in Section 4 (10/31/16; 1/20/17; 4/21/17; 7/21/17; and 10/6/17), thirty (30) Grand Prize winners will be selected in a random drawing from among all eligible entries received through the end of each applicable Entry Period. Drawings will be conducted by Administrator, an independent judging organization whose decisions are final on all matters relating to this Sweepstakes. Odds of winning a Grand Prize depend upon the total number of entries received by the end of each Entry Period.
7. WINNER NOTIFICATION: Potential winners will be notified via email and/or phone. Potential winners and the potential winner’s travel companion will each be required to sign and return via email, an Affidavit of Eligibility, Liability/Publicity Release (except where prohibited by law) and Assignment of Rights (“Affidavit Package”) within three (3) business days of notification attempt or winner status will be forfeited and an alternate potential winner may be selected, time permitting. Return of Affidavit Package as undeliverable, if any portion of the Affidavit Package is not received within the required time period, or if a potential Grand Prize winner is deemed ineligible, said potential Grand Prize winner will be disqualified and an alternate winner will be selected in accordance with these Official Rules, time permitting. All winners are subject to verification by Sponsor. Non-compliance shall result in disqualification and award of the prize(s) to an alternate winner. Parents or legal guardians of any prize winner under the age of majority in their state/jurisdiction of residence [which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi] may be required to also sign the Affidavit Package in order for the prize winner to be qualified to receive his or her prize. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules, or if the potential prize winner cannot attend or participate in any portion of the prize, or declines a prize for any reason prior to award, such potential winner may be disqualified and an alternate potential winner may be selected. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such prizes. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. The Sweepstakes Parties are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners, or if potential winner is a minor, for late, lost, misdirected, or unsuccessful efforts of potential winner to provide signed parental or guardian consent. The Sweepstakes Parties are not responsible for false, incorrect, changed, incomplete or illegible contact information. The Sweepstakes Parties 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.
8. GENERAL RULES: By participating in this Sweepstakes, each entrant agrees to be bound by these Official Rules and instructions and by all decisions of the Sweepstakes Parties, which are final and legally binding in all matters relating to this Sweepstakes. By participating, entrants and winners and travel companions agree to release, discharge, indemnify and hold harmless the Sweepstakes Parties, and each of their respective directors, officers, employees, agents, successors and assigns, from and against any claims, damages, costs (including attorneys’ fees) losses, fines, injuries (up to and including bodily injury and death) or liability due to any damages, or losses or injuries to any person (including death) or property of any kind resulting, in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of a prize or participation in any Sweepstakes-related activity or participation in this Sweepstakes. Entrants further agree not to pursue any right, claim or action against the Sweepstakes Parties in connection with their participation in this Sweepstakes. Winners/travel companions assume all liability for any injury or damage caused or claimed to be caused, by participation or use of prize. Acceptance of prize constitutes permission to use winners’ names, cities and states, voices, portraits, pictures, likenesses, footage, entries, essays (if applicable), opinions, and biographical information for promotional purposes in any and all media (including on Sponsor’s social media sites and website) and manners throughout the universe, in perpetuity, without further compensation or permission, except where prohibited by law. Any attempt to obtain more than one (1) entry per person by using multiple or different email addresses, identities, registrations, logins, by use of any automated system to participate or enter, or by any other method, will void that entrant's entry and that entrant will be disqualified. All entries will be declared made by the authorized account holder of the email address submitted at the time of entry. An “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. Potential winning business may be required to show proof of being the authorized account holder of the email address associated with the entry. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. The Sponsor and its agencies are not responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in this Sweepstakes or by any human error which may occur in the processing of the entries in this Sweepstakes. In the event the Sweepstakes is compromised by virus, bug, unauthorized human intervention, or other causes beyond the control of Sponsor that corrupts or impairs the administration, security, fairness, or proper play of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to suspend or terminate the Sweepstakes and award the applicable prizes from among all eligible entries received by the end of each Entry Period prior to cancellation. The Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or Website; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. By participating in this Sweepstakes, entrants agree to be bound by the Official Rules and the decisions of the Sponsor and Administrator. In the event Sponsor or Administrator is prevented from continuing with the Sweepstakes 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 Sweepstakes 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 Sponsor’s and/or Administrator’s control (each a “Force Majeure” event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Sweepstakes or prizes. If entries have been received prior to such cancellation, a random drawing will be held to award the prize(s) from among all entries received by the end of each applicable Entry Period prior to cancellation. Sponsor and Administrator additionally reserve the right, in their sole and absolute discretion: (a) to modify, suspend or terminate the Sweepstakes should causes beyond Sponsor’s or Administrator’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Sweepstakes; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Sweepstakes; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner. Entrant, upon submission of his or her entry to the Sweepstakes, irrevocably grants to Sponsor, and each of its licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the entry, and all text and materials included or depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised, throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, recreate, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it without having to give any compensation or attribution to entrant or any third party, except for the awarding of the prizes to the winners in this Sweepstakes. Entrants agree that during the Entry Period, they shall not make, and shall not permit, any other public use, display or distribution of the entry, and they shall maintain all rights without encumbrances so that, if Sponsor desires, entrants can assign all rights in and to entries if selected as a winner. Sponsor, and each of its successors, assigns and licensees, will have the right to make unlimited derivative works of entry, to assign or transfer any or all of Sponsor’s granted rights and to grant unlimited, multiple-level sublicenses. Without limiting the forgoing, Sponsor will have the right to use the entry, and all text and materials included or depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Entrants hereby forever waive and relinquish all “moral rights (droit moral)” now or hereafter recognized in connection with entry. Entrants acknowledge that as a condition of participating in the Sweepstakes and/or being selected as a winner, Sponsor may request that the entrant’s entry, and any rights therein, be assigned to Sponsor and entrants may be required to confirm such assignment by completing and submitting documents reasonably required by Sponsor) or such Sponsor will otherwise be disqualified from receiving his/her prize(s). Entrants must maintain the ability to assign all such rights to Sponsor free of any limitations, restrictions or third party obligations. Entrants agree that Sponsor shall have the sole discretion in determining the extent and manner of use of entries and are not obligated to use any entry. Entrants agree that Sponsor, nor its agents, shall be responsible for return or preservation of the entries submitted. All entries that are posted on the website or elsewhere are available to be viewed by anyone with access to the Internet. Entrant, by participating in the Sweepstakes, except where legally prohibited, grants permission for Sponsor and its designees to use his/her name, address (city and state), photograph, voice and/or other likeness and prize information (if any) for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval. Sponsor reserves the right to request from entry at any time proof that entrant maintains all necessary rights in their entry in order to grant Sponsor the rights required herein in a form acceptable to Sponsor. Failure to provide such proof may lead to, among other things, the entrant being disqualified from the Sweepstakes.
9. Dispute RESOLUTION: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor, Administrator or the Sweepstakes Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws. The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor and Administrator shall be entitled to seek injunctive or equitable relief in the state and federal courts in New York, New York and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in New York, New York. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in New York, New York. Sponsor and Administrator agree to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. If any provision of these Official Rules is deemed to be invalid or unenforceable, in whole or in part, such provision will be deemed to be modified or restricted to the extent and in the manner necessary to render the same valid and enforceable and these Official Rules will be construed and enforced to the maximum extent permitted by law as if such provision had been originally incorporated herein as so modified or restricted, or as if such provision had not been originally incorporated herein, as the case may be.
12. WINNERS LIST: To obtain a copy of the winners’ list, send a self-addressed stamped envelope postmarked by January 8, 2018 to: Dine with Rana Sweepstakes Winners List, 100 Marcus Drive (Dept. KF), Melville, NY 11747.