OFFICIAL SWEEPSTAKES RULES
PATINA CATERING’S “2018 AWARDS SEASON” SWEEPSTAKES SWEEPSTAKES OFFER SPONSORED BY PATINA RESTAURANT GROUP, LLC
NO PURCHASE NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT IMPROVE YOUR ODDS OF WINNING. VOID WHERE PROHIBITED. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY.
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM.
BY ENTERING THE SWEEPSTAKES, YOU UNDERSTAND THAT YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO INSTAGRAM. BY ENTERING THIS SWEEPSTAKES, ENTRANT AGREES TO THESE OFFICIAL SWEEPSTAKES RULES.
1. Sponsor: Patina Restaurant Group, LLC, 1150 S. Olive Street, Suite TGL-25, Los Angeles, California 90015 (“Sponsor”).
2. Administrator: Ghost Media, 230 S. Robertson Boulevard, 2nd Floor, Beverly Hills, California, 90211 (“Administrator”).
3. Sweepstakes Description and Submission Period: Patina Catering’s 2018 Awards Season Sweepstakes (the “Sweepstakes”) begins when Sponsor posts a promotional post on its official Instagram account for Patina Catering (@patinacatering) announcing this Sweepstakes and how to enter (the “Promotional Post”) and ends at 3:00 AM Pacific Daylight Time on September 13, 2018 (the “Submission Period”). All entries must be submitted prior to the close of the Submission Period, which may be extended in Sponsor’s sole discretion. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Sweepstakes Rules and the decisions of Sponsor, which shall be final and binding in all respects. This Sweepstakes is void in Puerto Rico, and all other U.S. territories, U.S. military installations in foreign countries and possessions and wherever prohibited by law.
4. Eligibility: The Sweepstakes is open only to legal residents of the United States who are 18 years of age and older or if different, the age of majority as established by such individual’s state of residence, as of the date of entry. Employees, officers, directors and members, along with their respective immediate family members, of Sponsor, Administrator, and their respective affiliates, and any other entities involved in any manner with the marketing, sponsoring, fulfilling or administration of the Sweepstakes (collectively, the “Sweepstakes Entities”), are not eligible to participate or win. The term “immediate family member” includes spouses, parents, step-parents, children, step-children, siblings, step-siblings, grandchildren, step-grandchildren or other family extension, regardless of where they live, and any persons residing in the same residence as the winner at least three (3) months per year, whether related or not.
5. How to Enter: To enter this Sweepstakes, each entrant must be a registered member/user of the Instagram application (“Instagram”). Instagram is free to download. Each entrant’s Instagram account must be set to public during the Submission Period. To enter, during the Submission Period each entrant must: (i) follow Patina Catering’s official Instagram account, which is @patinacatering; (ii) like the Promotional Post posted by @patinacatering on Instagram; (iii) tag a friend in the comments section of the Promotional Post posted by @patinacatering on Instagram; and (iv) complete and submit a survey that you can access by clicking on the link located in the bio section of @patinacatering on Instagram. To remain eligible, you must continue to like the Promotional Post and to follow @patinacatering on Instagram until the end of the Submission Period. Normal Internet access, phone charges and usage charges imposed by an entrant’s online/phone service providers will apply.
LIMIT: Each entrant may only make one (1) entry into the Sweepstakes regardless of the number of Instagram accounts that each entrant may have. Multiple entrants are not permitted to share the same Instagram account. Any entrant that attempts to obtain more than one (1) entry by using multiple/different Instagram accounts, identities or any other methods will be disqualified. Sponsor is not responsible for late, incomplete, or invalid entries, which will be disqualified. In the event of a dispute over the identity of an entrant, the entry will be deemed to be submitted by the Authorized Account Holder (as defined below) at the time of entry. For the purposes of these Official Sweepstakes Rules, the “Authorized Account Holder” means the natural person who is registered to that social media account by the applicable social media platform. An entrant may be required to provide identification and information sufficient to show Sponsor that the entrant is the Authorized Account Holder, including, but not limited to, proof issued by the applicable social media platform.
No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated entries will be accepted. Any entries that do not otherwise comply with these Official Sweepstakes Rules, as determined in Administrator and/or Sponsor’s sole discretion, will also be disqualified from the Sweepstakes. Decisions of the Administrator and/or Sponsor in all matters relating to the Sweepstakes are final and binding.
Potential winners may be required to provide proof of eligibility upon request. Proof of submission of entry does not constitute proof of delivery of entry. Each entry must be manually key stroked and entered by the individual entrant. Entries must not contain or depict any defamatory, derogatory, obscene, sexually-explicit, abusive, harassing, hateful, discriminatory, threatening, vulgar, or otherwise offensive or inappropriate material and must be otherwise fit for publication, posting and uploading, as determined by Administrator and/or Sponsor in its sole discretion. Entries must not contain any references to tobacco, drug paraphernalia, or any description or representation thereof. Entrant may also be rejected and disqualified if entrant has any posts or material linked to entrant’s Instagram account that contains or depicts defamatory, derogatory, obscene, sexually-explicit, abusive, harassing, hateful, discriminatory, threatening or vulgar or otherwise offensive or inappropriate material. Administrator and/or Sponsor reserves the right to reject and disqualify any entry that could be offensive or inappropriate or that does not meet the terms and conditions of these Official Sweepstakes Rules.
Entrants further agree not to knowingly damage or cause interruption of the Sweepstakes and/or prevent others from participating in the Sweepstakes. ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY VIOLATE CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
6. Odds of Winning: Odds of winning the prize depend on total number of eligible entries received during the Submission Period. Sponsor cannot accurately predict the number of entrants who will participate in the Sweepstakes. Under no circumstances will Sponsor award more than one prize.
7. General Conditions. Subject to its sole discretion, Sponsor reserves the right to disqualify any entrant that has, whether in writing or orally, directly or indirectly, criticized or disparaged Sponsor, its affiliates or Patina Catering. Administrator and/or Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures, or malfunctions or other causes beyond Administrator and/or Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. If for any reason the Sweepstakes is not capable of running as planned, including without limitation, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures beyond Administrator and/or Sponsor’s control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Administrator and/or Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Sweepstakes and to disqualify any individual who tampers with the entry process. In such event, Administrator and/or Sponsor reserves the right to conduct the Sweepstakes and award the prize by means of a random drawing comprised of all eligible entries received for the affected drawing prior to and/or after (as appropriate) the action taken by Administrator and/or Sponsor, or otherwise award the prize for such affected drawing in a manner which is fair, appropriate, and consistent with these Official Sweepstakes Rules, as determined by Sponsor in its sole discretion. Notice of such action by Administrator and/or Sponsor will be posted on the Sponsor’s website at patinagroup.com/awards-season-sweepstakes-2018.
8. Winner Selection: The Sweepstakes will have one grand prize winner. Administrator will randomly select the winner from among all eligible entries received by Administrator during the Submission Period on September 13, 2018 after the close of the Submission Period. The winner will be contacted via direct message on Instagram by the Administrator and/or Sponsor. The winner will have twenty-four (24) hours to respond to the direct notification and provide Administrator and/or Sponsor with an email address or a day-time telephone number where such winner can be contacted. A winner who does not respond to the direct message on Instagram within 24 hours and/or does not meet the stated eligibility requirements will be disqualified and Administrator will award the prize to an alternate winner selected from the eligible entries, time permitting. The winner will be required to execute and return an Affidavit of Eligibility/Release/Indemnification and a Publicity Release, where allowed by law, within forty-eight (48) hours after it is received as a condition precedent to receiving the prize. The failure of the winner to comply with any of the foregoing requirements, the return of a prize notification as undeliverable or a winner’s non-compliance with these Official Rules, will cause the winner to forfeit the prize and an alternate winner will be selected from the remaining eligible entries, time permitting.
9. Prize Details and Restrictions: One grand prize winner will receive as a prize a catering order for ten (10) people prepared by Nick+Stef’s Steakhouse along with desserts prepared by Patina Catering, which is operated by Sponsor’s affiliate, which must be picked up by the winner at Nick+Stef’s Steakhouse, located at 330 South Hope Street, Los Angeles, California, 90071 on Monday, September 17, 2018 between the hours of 2:00 PM Pacific Daylight Time (“PDT”) and 4:00 PM PDT. The catering order will feature a menu selected by Sponsor, in its sole discretion, and feature classic dishes from Nick+Stef’s Steakhouse. If the winner does not pick up the prize between the hours of 2:00 PM PDT and 4:00 PM PDT on Monday September 17, 2018, the winner forfeits the prize in its entirety and an alternate winner will not be selected.
The approximate retail value of the prize is $1,500. Final retail value of the prize may be lower than the approximate retail value. If the final retail value of the prize is less than the approximate retail value, the difference shall not be awarded. Federal, state and local taxes and other governmental charges (as applicable), and the reporting consequences thereof, are the sole responsibility of winner. Winner must submit a valid executed IRS Form W9, and will receive a 1099 tax form from Sponsor reflecting the fair market value of the prize received.
All expenses not specifically mentioned herein are not included and are solely the winner’s responsibility, including, without limitation, any costs associated with the winner traveling to and from Nick+Stef’s Steakhouse to pick up the prize.
The prize cannot be refunded, commissioned, bartered, exchanged, or redeemed for cash from the Sponsor. The prize is non-negotiable and non-transferable except to a surviving spouse residing in the same household or otherwise with the Sponsor’s permission. No substitutions of the prize are allowed, except with Sponsor's permission or where required by law, a prize of equal or greater value may be substituted. If for any reason the prize (or portion thereof) becomes unavailable, Sponsor, in its sole discretion, may award a substitute prize of equal or greater value to winner (except as otherwise indicated herein). Prize conditions may be added or modified by Sponsor, in its sole discretion.
10. Releases and Indemnification. The Sweepstakes Entities, The Academy of Television Arts & Sciences, and Instagram, along with such entities’ respective officers, directors, members and employees (collectively, the “Released Parties”) are not responsible for and do not assume any liability for (i) any incorrect or inaccurate entry information, or for any faulty, failed, garbled or jumbled electronic data transmissions; (ii) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Sweepstakes or for any miscommunications or for the incorrect or inaccurate capture of information, or the failure to capture any information; (iii) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or transmission or communications line failure, regardless of cause, with regard to any equipment, software, systems, networks, lines, satellites, servers, computers or providers; (iv) inaccessibility or unavailability of the Internet, including any failure of any electronic entry to be received on account of technical problems or traffic congestion on the Internet or at any website, application, or any combination thereof; or (v) any injury or damage to the entrant’s or to any other person’s computer, phone, or tablet device which may be related to or resulting from any attempt to participate in the Sweepstakes or access or download any materials relating to the Sweepstakes or the Sponsor’s website. Without limiting the generality of the foregoing, none of the Released Parties assumes any responsibility or liability for (a) damages, losses or injury resulting from acceptance or use of the prize and (b) a lost, stolen, late, misdirected, misprinted, damage, or delayed prize notification and/or prize.
EACH ENTRANT AGREES TO RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY AND ALL LIABILITY FOR CLAIMS, INJURIES, CAUSES OF ACTION, LOSSES OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WRONGFUL DEATH, PERSONAL INJURY OR INTELLECTUAL PROPERTY INFRINGEMENT, ARISING OUT OF OR RELATED, IN WHOLE OR IN PART, TO PARTICIPATION IN THE SWEEPSTAKES OR ANY SWEEPSTAKES-RELATED ACTIVITY, OR FROM ENTRANT’S POSSESSION, ACCEPTANCE, RECEIPT OR USE/MISUSE OF THE PRIZE, WHETHER UNDER CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND, FURTHER EACH ENTRANT AGREES TO INDEMNIFY THE RELEASED PARTIES AGAINST ANY LIABILITY OR EXPENSE (INCLUDING REASONABLE ATTORNEY’S FEES) ARISING IN CONNECTION WITH THE FOREGOING. Released Parties are not responsible for any inability of any winner to accept or use the prize (or any portion thereof) for any reason.
11. Publicity Release: By participating in the Sweepstakes, in addition to any other rights which may be granted in any other agreement entered into between Sponsor and any entrant in the Sweepstakes, each entrant irrevocably grants to Sponsor and its respective successors, assigns, and licensees, the right to use such entrant's Instagram handle, name, likeness, image, biographical information and statements about the Sweepstakes in any and all media anywhere in the universe for any purpose, including, without limitation, advertising and publicity purposes, as well as in connection with the Sweepstakes, without additional compensation except where prohibited by law and hereby releases the Released Parties from any liability with respect thereto.
12. Force Majeure: In the event an insufficient number of eligible entries are received and/or Sponsor and/or Administrator is prevented from awarding the prize or continuing with the Sweepstakes as contemplated by these Official Sweepstakes Rules by any event beyond its/their control, including but not limited to (i) fire, flood, earthquake, explosion, natural or man-made epidemic of health or other means; (ii) labor dispute or strike; (iii) act of God or public enemy; (iv) satellite or equipment failure; (v) riot or civil disturbance; (vi) terrorist threat or activity, war (declared or undeclared); (vii) any federal, state or local government law, order, or regulation; (viii) public health crisis; (ix) order of any court or jurisdiction; (x) or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the end of the Submission Period, Sponsor will (if possible) select the winner(s) from all eligible entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances
13. DISPUTES/ARBITRATION/CHOICE OF LAW: Except where prohibited by law, and subject to the release and waiver of claims provisions herein, entrants agree: (i) that any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prize awarded, or the determination of the winner, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the rules set forth below, then effective; (ii) to waive any right to seek or obtain injunctive or other equitable relief; (iii) that any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees; and (iv) that under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to, claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Sweepstakes Rules, or the rights and obligations of entrant and/or Released Parties in connection with Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without regard for conflicts of law doctrine of New York or any other jurisdiction.
By participating in this Sweepstakes, each entrant agrees: (a) that any and all disputes the entrant may have with, or claims entrant may have against, the Released Parties relating to, arising out of or connected in any way with (1) the Sweepstakes, (2) the awarding or redemption of any prize, and/or (3) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (b) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the U.S. Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (c) the arbitration shall be held in the county of Erie, State of New York, U.S.A.; (d) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Sweepstakes Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Sweepstakes; (e) the arbitrator shall apply New York law and United States law consistent with applicable statutes of limitations, and shall honor claims of privilege recognized at law; (f) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (g) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (h) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD, and entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on entrant’s behalf, subject to ultimate allocation by the arbitrator; (i) if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (j) with the exception of subpart (f) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (f) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
14. General. Because of the unique nature and scope of the Sweepstakes, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Sweepstakes Rules or otherwise governing the Sweepstakes. Sponsor also reserves the right, in its sole and absolute discretion, to modify, suspend, extend, or terminate the Sweepstakes, for any reason or no reason. If the Sweepstakes is terminated by Sponsor before the end of the Submission Period, Sponsor may select the winner(s) from all eligible entries received as of the date of the termination and inclusion in any such drawing will be each entrant’s sole and exclusive remedy. Notice of such action by Sponsor will be posted on the Sponsor’s website at patinagroup.com/awards-season-sweepstakes-2018. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. Unless otherwise stated in these Official Sweepstakes Rules, in the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Sweepstakes Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In the event there is a discrepancy or inconsistency between disclosure and other statements contained in any Sweepstakes promotional materials and the terms and conditions of these Official Sweepstakes Rules, these Official Sweepstakes Rules shall prevail and govern.
16. Winners List: To request any legally required winner’s list, send an email with subject line: “Patina Catering 2018 Awards Season Sweepstakes to firstname.lastname@example.org.
Copyright 2018 Patina Restaurant Group, LLC. All trademarks, logos, images and brands appearing on the Sweepstakes website or any other materials relating to the Sweepstakes are registered and unregistered trademarks of Sponsor, its subsidiaries and affiliates or their respective owners. All rights reserved.
The Sweepstakes is not in any way sponsored, endorsed or administrated by Instagram. Instagram is a registered trademark.