CHEF STREET GIFT CARD GIVEAWAY

OFFICIAL SWEEPSTAKES RULES


  • NO PURCHASE OR PAYMENT 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.
  • BY ENTERING THIS SWEEPSTAKES, ENTRANT AGREES TO THESE OFFICIAL SWEEPSTAKES RULES AS A BINDING CONTRACT.
  1. Sponsor and Administrator: The Chef Street Gift Card Giveaway (“Sweepstakes”) is sponsored and administered by RA Herald Square, LLC, One Grand Central Place, 60 E 42nd St. #1730, New York, New York 10165 (“Sponsor”). Sponsor operates Chef Street, which is located in the Macy’s department store at 151 West 34th Street, New York, New York.

  2. Submission Period and Drawing: The Sweepstakes begins on November 28, 2019 at 5:00 p.m. Eastern Time (“ET”) and runs until December 1, 2019 at 9:00 p.m. ET, which may be extended in Sponsor’s sole discretion (the “Submission Period”). A random drawing will be held on December 2, 2019 by Sponsor to select the winner from among all eligible entries received. All entries must be submitted during the Submission Period. Odds of winning the prize depend on total number of eligible entries received during the Submission Period. Under no circumstances will Sponsor award more than one prize. Sponsor cannot accurately predict the number of entrants who will participate in the Sweepstakes (each an “Entrant”).

  3. Entrant’s Acceptance of Rules: By participating in the Sweepstakes, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Sweepstakes Rules (the “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 everywhere 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, managers and members, along with their respective immediate family members, of Sponsor and its 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: NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. To enter this Sweepstakes, Entrants must complete the entry card and return it to the designated drop box in Chef Street, in the lower level of Macy’s.

  6. Winner Selection: The Sweepstakes will have one winner. The winner will be contacted via email notification, using the email address provided on the entry card (“Initial Notification”). The winner must respond within 48 hours of the Initial Notification. After responding to the Initial Notification, the potential winner will be required to execute and return an Affidavit of Eligibility/Release/Indemnification and a Publicity Release, where allowed by law, within five (5) business days after it is received. A potential winner who does not respond to the Initial Notification, does not meet the stated eligibility requirements, does not return the required documentation, refuses to accept the prize, or any prize notification which is returned as undeliverable will be disqualified and Sponsor will award the prize to an alternate winner selected from the remaining pool of eligible entries. A selected potential winner will not be an official winner until all required documentation has been returned, and eligibility has been formally verified. Only three (3) alternate drawings will be held, after which the prize will remain unawarded.

  7. Entry Limits: Entry into the Sweepstakes is limited to one (1) entry per person. Sponsor is not responsible for late, incomplete, or invalid Entries, which will be disqualified. Each entry must be manually key stroked and entered by the Entrant. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated entries will be accepted.

    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 described below) at the time of entry and the Entrant may be required to provide identification sufficient to show the Entrant is the Authorized Account Holder. The “Authorized Account Holder” means the natural person who is assigned that email address by the email address provider responsible for assigning email addresses for that entity. 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.

    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 UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY VIOLATE CRIMINAL OR CIVIL LAWS. IF AN ENTRANT MAKES SUCH AN ATTEMPT, SPONSOR MAY DISQUALIFY SUCH ENTRANT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.

  8. 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 Chef Street. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes should computer virus, bugs, tampering, unauthorized human intervention, or other causes affect the administration, security, fairness, integrity or proper operation of the Sweepstakes. In the event of cancellation, the prize may be awarded via random drawing from all non-suspect, eligible entries received up to the time of such cancellation, or otherwise award the prize for such affected drawing in a manner which is fair, appropriate, and consistent with these Rules, as determined by Sponsor in its sole discretion. Notice of such action by Sponsor will be posted on the Sponsor’s website at https://www.patinagroup.com/chef-street/black-friday.

  9. Prize Details and Restrictions: Each winner will receive as a prize one (1) $50.00 Patina Restaurant Group gift card issued by Sponsor’s affiliate that can be redeemed at any restaurant operated by Sponsor or certain of its affiliates. For a complete list of all such restaurants please visit https://www.patinagroup.com/gift-cards.

    The retail value of the prize is $50.00. 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 if required by law, 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. Winner is responsible for all federal, state and local taxes, if applicable.

    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 permitted by winner. Sponsor reserves the right to substitute a prize of equal or greater value. Prize conditions may be added or modified by Sponsor, in its sole discretion.

    The prize cannot be combined with any other offer, promotion or discount. Winner acknowledges that the Sponsor and all other businesses affiliated with this Sweepstakes and their agents do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of the prize being offered.

  10. Releases and Indemnification: By submitting an entry, each Entrant waives, discharges and fully releases the Sweepstakes Entities, along with such entities’ respective officers, directors, managers, members and employees (collectively, the “Released Parties”) from any and all liability, injury, damage, or loss that may occur, directly or indirectly, in whole or in part, from or in connection with participation in the Sweepstakes or from the receipt or use of any prize or from any activity related to the receipt or use of any prize. The Released Parties are not responsible for (a) any inaccurate entry information, or for any faulty electronic data transmissions; (b) 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 inaccurate capture of information, or the failure to capture any information; (c) any technical failures or malfunction of any kind 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; (d) inaccessibility of the Internet or any website of any kind, including any failure of any electronic entry to be received on account of technical problems or traffic congestion; or (e) any injury or damage to any 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 INFRINGEMENT, ARISING OUT OF OR RELATED, IN WHOLE OR IN PART, TO (1) PARTICIPATION IN THE SWEEPSTAKES OR ANY SWEEPSTAKES-RELATED ACTIVITY, (2) FROM ITS BEACH OF THE REPRESENTATIONS NAD WARRANTIES IN THIESE RULES, OR (3) FROM ENTRANT’S POSSESSION, ACCEPTANCE, RECEIPT OR USE/MISUSE OF THE PRIZE, IN EAC INSTANCE 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 submitting an entry, in addition to any other rights which may be granted in any other agreement entered into between Sponsor and any Entrant, each Entrant irrevocably grants to Sponsor and its respective successors, assigns, and licensees, the right to use such Entrant's 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 or additional approval except where prohibited by law and hereby releases the Released Parties from any liability with respect thereto. Entrant agrees to, if required, sign documents to this effect. The Released Parties are not responsible for any unauthorized use of entries by third-parties. Sponsor has no obligation to make use of the rights granted herein.

  12. Force Majeure: If an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding the prize or continuing with the Sweepstakes as contemplated by these Rules by any event beyond its 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, Entrant agrees: (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 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 submitting an entry, 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 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: These 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 herein, if any provision of these Rules is determined to be invalid or otherwise unenforceable or illegal, these Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. If there is a discrepancy or inconsistency between other statements contained in any Sweepstakes promotional materials and the terms and conditions of these Rules, the terms of these Rules shall prevail and govern.

    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.

  15. Privacy Policies: Information that an Entrant provide may be used by Sponsor in accordance with its privacy policy located at https://www.patinagroup.com/privacy-policy. By submitting an entry, Entrant agrees that Sponsor has the right to contact the Entrant via the e-mail address submitted by Entrant to enter the Sweepstakes or in connection with this Sweepstakes.

  16. Winners List: To request any legally required winner’s list, send an email with subject line: “Chef Street Gift Card Giveaway” to contactus@patinagroup.com.

Copyright 2019 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.