NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING. VOID IN ALASKA, HAWAII, TENNESSEE, PUERTO RICO, GUAM AND WHERE OTHERWISE PROHIBITED.
The HexClad® Ultimate One Bite Pizza Festival Sweepstakes (the “Promotion”) is sponsored and operated by Medium Rare Live, LLC (“Sponsor”). By entering the Promotion, you agree to comply with and be bound by these HexClad® Ultimate One Bite Pizza Festival Sweepstakes Rules (the “Promotion Rules”). Please review the Promotion Rules carefully. If you do not agree to the terms and conditions of the Promotion Rules in their entirety, you are not permitted to enter the Promotion. This Promotion may be canceled or postponed by Sponsor, at any time in its sole discretion, due to the ongoing pandemic (e.g., Coronavirus/COVID-19).
ELIGIBILITY:
The Promotion is open only to individuals that are citizens or lawful permanent residents of, and living in, the contiguous United States and the District of Columbia, who are eighteen (18) years of age or older and that can enter into legally binding contracts under applicable law. The Promotion is expressly void in the States of Alaska, Hawaii and Tennessee, as well as Puerto Rico, Guam, and where otherwise prohibited by law. Employees, officers and directors of Sponsor, Mr. David Portnoy (“Personality”), Barstool Sports, Inc., the Law Office of Jeffrey B. Gandel, the City of New York, the New York City Department of Parks & Recreation, Randall’s Island Park Alliance, Inc., all sponsors of the Event (as defined below) (including, without limitation, One Source To Market, LLC d/b/a HexClad (“HexClad ®”), and their respective parents, subsidiaries and affiliated companies, and each of their legal representatives, advertising, promotional, fulfillment and marketing agencies, and their immediate families (and those living in their respective households), are not eligible to participate or claim a Prize (as defined below) in the Promotion. Entrants wishing to obtain a copy of these Promotion Rules may request a printed copy by writing to: Medium Rare Live, LLC, HexClad® Ultimate One Bite Pizza Festival Sweepstakes, 447 Broadway, 2nd Floor #278, New York, NY 10013. Participation constitutes each entrant’s full and unconditional agreement to Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a Prize is contingent upon fulfilling all requirements set forth herein.
PROMOTION PERIOD:
The Promotion begins at 12:00:00 A.M. Eastern Standard Time (“EST”) on July 19, 2024, and ends at 11:59:59 P.M. EST on August 30, 2024 (“Promotion Period”). Entries must be received prior to the expiration of the Promotion Period to be eligible to win a Prize.
HOW TO ENTER:
(a) Entries. During the Promotion Period, eligible entrants wishing to enter the Promotion may go to the Promotion web page located at: onebitepizzafest.com/hexclad (the “Site”), and complete the Promotion entry form. In order to complete the Promotion entry form on the Site, each entrant must include the entrant’s: (i) full name; (ii) city/state of residence; (iii) e-mail address; (iv) date of birth; and (v) any other information requested on the Promotion entry form (collectively, “Site Registration Data”). The potential Prize winners may be required to provide some or all of the following: (A) Social Security Number; (B) picture proof of identification, which may include a driver’s license, passport, voting card or similar government issued identification; (C) full mailing address; (D) telephone number; and (E) any other information requested by Sponsor in connection with the Prize verification/award process (“Prize Winner Data,” and together with the Site Registration Data, the “Registration Data”). Entrants must update their Registration Data, as necessary, to remain eligible to receive a Prize. Upon successful completion of the Promotion entry process during the Promotion Period, each eligible entrant shall receive one (1) entry in the Promotion (each, an “Entry”).
(b) Entry Limits/General Provisions. Eligible entrants may only submit one (1) Entry during the Promotion Period. Any Entries submitted in excess of this limitation will be discarded. Multiple individuals are not permitted to share the same email address. Any attempt by any individual to obtain more than the permitted number of Entries by using multiple/different e-mail addresses, mobile devices, identities, registrations, user-names, or any other method, will void all of that individual’s Entries and that individual will be disqualified from participating in the Promotion. Without limiting the foregoing, any attempt by any individual to obtain Entries via any automated system (including bots, computer scripts, software-based methods, programmed methods, script, macro or other automated means) is prohibited and will result in disqualification. Sponsor reserves the right to reject any Entry that it believes, in its sole discretion, is fraudulent, incomplete or otherwise invalid. None of the Covered Parties (as defined below) are responsible for Entries, Promotion-related e-mail, Promotion-related push notifications, claims or notices that are lost, late, illegible, misdirected, damaged, incomplete or incorrect. By entering the Promotion, and where you have otherwise provided the requisite consent, you agree to receive telemarketing (including text message marketing where you have provided your “prior express consent” as required under the Telephone Consumer Protection Act (“TCPA”)), e-mail and direct mail marketing messages from Sponsor, HexClad® and their respective marketing partners (where applicable), subject to the Sponsor Privacy Policy and HexClad® Privacy Policy. For a copy of the Sponsor privacy policy, please click here https://onebitepizzafest.com/privacy/. For a copy of HexClad’s® privacy policy, please click here.
IDENTIFICATION OF ENTRANTS:
Each Entry will be identified by the applicable entrant’s e-mail address, as collected and stored in the Promotion Database. For purposes of these Promotion Rules, the “Promotion Database” is defined as the entire list of valid Entries generated during the Promotion Period. Sponsor will stop accepting Entries at 11:59:59 P.M. EST on August 30, 2024.
PRIZE WINNER SELECTION AND NOTIFICATION:
Within five (5) business days of the end of the Promotion Period, the Sponsor will randomly select one (1) Entry from the Promotion Database as the potential Grand Prize (as defined below) winner and three (3) entries from the Promotion Database as potential Standard Prize (as defined below) winners (“Winner Selection”). The potential Prize winners will be notified via e-mail within ten (10) days after Winner Selection.
The potential Prize winners shall be subject to eligibility verification. The potential Prize winners must comply with these Promotion Rules. Failure to do so may result in forfeiture of the applicable Prize, in its entirety. The potential Prize winners will be required to provide Prize Winner Data and execute a notarized Affidavit of Eligibility and Liability/Publicity Release (“Affidavit”), as well as a liability, image and publicity release for the guests of the potential Prize winners (where such release may contain provisions relating to exposure to COVID-19 at the Event), and return such Affidavit within five (5) days following attempted notification. In addition, each potential Prize winner may be required to provide picture proof of identification, which may include a driver’s license, passport, voting card or similar government issued identification, and proof that she/he/they is the entrant that submitted the applicable winning Entry.
Non-compliance by a potential Prize winner within this time period may result in forfeiture of the applicable Prize, with an alternative potential Prize winner selected. The return of a Prize and/or Prize notification as undeliverable may result in forfeiture of the applicable Prize. Sponsor, in its sole discretion, will attempt to contact up to three (3) potential winners of the Grand Prize, and nine (9) potential winners of the Standard Prizes, in accordance with the above procedure, after which the Prize in question may go unawarded if it remains unclaimed. In no case shall any Covered Party be liable in any manner where a potential Prize winner has not received notification sent from Sponsor or where Sponsor fails to receive a response from a potential Prize winner within the required response period. Each winning Entry, as well as the associated information of each potential Prize winner, must identically match the records maintained by Sponsor in order for a Prize to be awarded. In the event of a dispute, the information maintained by Sponsor will govern. Entries will be deemed made by the person under whose e-mail address the Entry was submitted, regardless of who actually submitted the Entry.
PRIZE DESCRIPTION:
(a) Standard Prize. Each of the three (3) Standard Prize winners will receive two (2) general admission tickets to attend Dave Portnoy’s One Bite Pizza Festival event on September 14, 2024, at Randall’s Island in New York, NY (the “Event”), to be used by each Standard Prize winner and one (1) guest (each, a “Standard Prize”).
(b) Grand Prize. The Grand Prize winner will receive: (i) two (2) VIP tickets for the Event to be used by the Prize winner and one (1) guest; and (ii) an in-person meet and greet with the Personality on the day of the Event (collectively, the “Grand Prize,” and together with the Standard Prizes, the “Prizes”).
(c) Approximate Retail Value. The approximate retail value (“ARV”) of each Standard Prize is Three Hundred Dollars ($300.00), with an aggregate ARV of Nine Hundred Dollars ($900.00). The ARV of the Grand Prize is One Thousand Two Hundred Dollars ($1,200.00). No Prize winner will receive the difference between the actual Prize value and the ARV.
(d) Prize Terms and Conditions. The specifics of all aforementioned elements of the Prizes shall be determined in the sole and exclusive discretion of Sponsor. Sponsor reserves right to change the date of the Event. No refund or compensation will be made if the Event is cancelled. If a Prize winner is unable to utilize the Prize on the date of the Event, that Prize winner shall forfeit her/his/its Prize in its entirety and an alternate Prize winner may be selected, in the sole discretion of Sponsor. The guest selected by each Prize winner must be at least eighteen (18) years of age or older. Each Prize winner and guest are responsible for arranging all travel to and from the Event. Additional activities and features may, but will not necessarily, be made available to the Prize winners, and their respective guests, for free. Incidentals, tips, and any other personal expenses incurred during the Event (including travel to and from the Event) are the responsibility of the Prize winners and their respective guests, as applicable. Other than as expressly set forth above, or otherwise as included in the tickets to the Event, the Prizes do not include transportation, spending money, or food or drink. No part of any Prize, including the tickets to the Event, is transferable or may be converted to a cash payment, resold, included in a separate promotion, or otherwise distributed to any member of the general public.
(d) Force Majeure. The Covered Parties are not responsible or liable to any entrant or potential Prize winner (or any person claiming through such entrant or potential Prize winner) for failure to supply the applicable Prize or any part thereof, either because the Event was canceled by the Event operators, or by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, COVID-19 or any virus, disease and/or pandemic, as well as any private sector or governmental response thereto, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the sole control of Sponsor (collectively, “Force Majeure Events”). Where the Event is canceled by the Event organizers, Sponsor will, in Sponsor’s sole discretion, either cancel the Promotion or substitute each Prize, or any portion thereof, for a substitute of equal or greater value.
ODDS OF WINNING A PRIZE:
The odds of winning a Prize depend on the number of entrants participating in the Promotion during the Promotion Period. The odds of winning the Grand Prize can be calculated by dividing the number of Grand Prizes (one (1)) by the total number of Entries received. The odds of winning a Standard Prize can be calculated by dividing the number of Standard Prizes (three (3)) by the total number of Entries received.
PRIVACY STATEMENT:
For a thorough recital of the Sponsor Privacy Policy, click here https://onebitepizzafest.com/privacy/. For a thorough recital of HexClad’s® Privacy Policy click here. To the extent that either the Sponsor Privacy Policy or HexClad’s® Privacy Policy is in conflict or inconsistent with these Promotion Rules as they pertain to the Promotion, these Promotion Rules shall take precedence.
TAX INFORMATION:
Federal, state and local taxes, and all similar fees and assessments, are the responsibility of the Prize winners. Sponsor reserves the right to withhold taxes from the winning Prizes, as appropriate. Sponsor will issue a form 1099-MISC for the Grand Prize winner for the ARV of the Grand Prize.
NO SUBSTITUTION OF WINNER:
The Prizes are non-transferable, and no substitution or transfer of a Prize will be accommodated or permitted other than as expressly set forth herein or in the sole discretion of Sponsor. Sponsor reserves the right to substitute each Prize, or any portion thereof, for a substitute of equal or greater value for any reason.
PUBLICITY:
Promotion entry constitutes permission for Sponsor to use entrants’ names and likenesses, biography and voice for advertising and promotional purposes without further compensation in all media without limitation, unless otherwise prohibited by law.
RELEASE:
By entering the Promotion, each entrant agrees to release and hold harmless Sponsor, Personality, Barstool Sports, Inc., the Law Office of Jeffrey B. Gandel, the City of New York, the New York City Department of Parks & Recreation, Randall’s Island Park Alliance, Inc., all sponsors of the Event (including, without limitation, HexClad), and their respective representatives, affiliates, subsidiaries, parents, agents, and their respective members, officers, directors, employees and agents (collectively, “Covered Parties”) from and against any and all liability for any injuries, loss or damage of any kind arising from, or in connection with, the Promotion (including the Prizes, and all travel associated with attending the Event, as applicable) including, but not limited to, liability arising from copyright infringement, improper use of likeness, personal injury, death, damages or monetary loss. Restrictions, conditions and limitations apply. By entering, each entrant further agrees that, in the event that there is any conflict or other inconsistency between the Promotion Rules and any advertisements, promotional or marketing materials, e-mails or announcements relevant to the Promotion, these Promotion Rules will govern.
CHOICE OF LAW/DISPUTE RESOLUTION/CLASS ACTION:
These Promotion Rules shall be treated as though they were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). The parties (and Covered Parties) hereby agree to arbitrate all claims that may arise under and/or relate to the Promotion and/or these Promotion Rules. Without limiting the foregoing, should a dispute arise between the parties/any Covered Parties including, without limitation, any matter concerning the Promotion, the Prizes, the terms and conditions of these Promotion Rules or the breach of same by any party hereto: (a) the parties/Covered Parties agree to submit their dispute for resolution by arbitration before JAMS (“JAMS”) in New York, NY, in accordance with the then current General Arbitration Rules & Procedures of JAMS; provided, however, that Sponsor reserves the right to require that any and all claims be combined and conducted under the JAMS Mass Arbitration Procedures and Guidelines where there are seventy-five (75) or more arbitration demands pending against Sponsor and/or any Covered Party that are similar to the demand for arbitration submitted by you; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. The Covered Party(ies) named in your Initial Dispute Notice (collectively, the “Named Parties”) may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If the applicable Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or such Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before JAMS, in your county of residence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than the applicable Final Settlement Offer, then the Named Party(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the Named Party(ies) will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although the Named Party(ies) may have a right to an award of attorneys’ fees and expenses if Named Party(ies) prevail(s) in arbitration, the Named Party(ies) will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against any of the Covered Parties. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first enter the Promotion.
DISQUALIFICATION:
The Covered Parties are not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions or technical failure, lost Entries, jumbled, scrambled or misdirected transmissions, or other error of any kind, whether human, mechanical or electronic. Persons found tampering with or abusing any aspect of the Promotion, as solely determined by Sponsor, will be disqualified. If disqualified for any of the above reasons, Sponsor reserves the right to terminate entrant’s eligibility to participate in the Promotion. In the event that any portion of the Promotion is compromised by technical error, virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor which, in the sole opinion of Sponsor, corrupts or impairs the administration, security, fairness or proper determination of the Promotion, Sponsor reserves the right, in its sole discretion, to suspend or terminate the Promotion or any part of the Promotion, or any combination of the above. The Covered Parties are not responsible for any problem with Entries generated by computer hardware or software malfunction, error or failure, whatever the cause.
INDEMNIFICATION:
You agree to release, indemnify and hold the Covered Parties harmless from and against any and all claims, expenses (including reasonable attorneys’ fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your improper and/or unauthorized participation in the Promotion; (b) your breach of these Promotion Rules; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of the Covered Parties. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
LEGAL WARNING:
Any attempt by any individual, whether or not an entrant, to damage, destroy, tamper with or vandalize the Site and/or associated technology, or otherwise interfere with the operation of the Promotion, is a violation of criminal and civil law and Sponsor will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
MISCELLANEOUS:
These Promotion Rules contain the full and complete understanding with respect to the Promotion and supersede all prior and contemporaneous agreements, representations and understandings, whether oral or written. The headings herein are for convenience only, do not constitute a part of these Promotion Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Promotion Rules shall be effective unless in writing and signed by Sponsor. The waiver by Sponsor of any provision of these Promotion Rules shall not constitute a waiver of any other provision herein. The rights and obligations hereunder may not be assigned by entrant, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void. These Promotion Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor and entrant.
WINNERS LIST:
To request written confirmation of the Prize winners, send a self-addressed stamped envelope to: Medium Rare Live, LLC, HexClad® Ultimate One Bite Pizza Festival Sweepstakes, 447 Broadway, 2nd Floor #278, New York, NY 10013.
