"NewOrleansOnline 2015 Boudin, Bourbon & Beer Sweepstakes" Official Rules
August 28 – September 28, 2015
NO PURCHASE NECESSARY.
- The NewOrleansOnline 2015 Boudin,
Bourbon & Beer Sweepstakes ("the Sweepstakes") is sponsored by New Orleans
Tourism Marketing Corporation ("NOTMC"), the Emeril Lagasse
Foundation ("ELF"), the Hyatt Regency New Orleans, American
Airlines, and Emeril's Homebase, LLC as the parent company and management
company of Emeril's Delmonico, (collectively referred to as
"Sponsors"). The geographic scope of this Sweepstakes is
the forty-eight (48) contiguous United States and the District of
Columbia.
- Sweepstakes
is subject to all federal, state and local laws. Void where
prohibited. NOTMC shall
be entitled to interpret these Official Rules as needed – including but
not limited to rules regarding entries, selection of winners, deadlines,
restrictions on prizes, and eligibility – and all of its decisions are
final. By entering, entrants agree to these Official Rules. Limit one (1) entry per person.
- Sweepstakes
begins on August 28, 2015 at
2 p.m. central time and
ends on September 28, 2015. Entry deadline is September 28, 2015 at 3:00
p.m. Central Time ("CT"). NOTMC's server is the official
time-keeping device for this Sweepstakes promotion. Drawing to determine
winner will be held on or about September 28, 2015.
ELIGIBILITY
- All
entrants must be at least twenty-one (21) years old and legal residents of
the forty-eight (48) contiguous United States and the District of Columbia
at the time of entry.
- Employees
of NOTMC, ELF, the Hyatt Regency New Orleans, American Airlines, and
Emeril's Homebase, LLC as the parent company and management
company of Emeril's Delmonico, and the members of their immediate families (defined
as spouse, parents, siblings or children) and households (whether or not
related), are not eligible to enter or win.
PRIZE
- Prize
(1): Trip Prize consists of only the following elements:
- Round-trip coach class airfare
for winner and one (1) guest to New Orleans, Louisiana from airport
closest to winner's residence offering non-stop service to New Orleans on
American Airlines via Louis Armstrong International Airport commencing
Thursday, November 12, 2015 to attend Boudin, Bourbon & Beer, or a
travel reimbursement, to be determined by NOTMC in its sole discretion
(total cost of travel may not exceed $500/person);
ARV $1000
- Two (2) passes to Boudin, Bourbon
& Beer on Friday, November 13, 2015; ARV $200;
- Dinner for winner and one
(1) guest at Emeril's Delmonico; ARV $200
- Two (2) nights' hotel
accommodations for winner and a travel companion at the Hyatt Regency New
Orleans during Boudin, Bourbon & Beer, with check-in on Thursday,
November 12, 2015 and check-out on Saturday, November 14, 2015; ARV $841
- Roundtrip ground transportation
between airport and hotel; ARV $300
Approximate Retail Value ("ARV"): $2541
- Actual
value of prize may vary based on point of departure, transportation method
selected and seasonal or other fluctuations. Any difference between the
stated value and actual value will not be awarded and winner will not be
entitled to any reimbursement or other compensation for such difference.
Odds of winning depend on the number of entries received.
PRIZE RESTRICTIONS
- Winner
assumes sole responsibility for all costs associated with the prize not
explicitly outlined above, including without limitation, all federal,
state and local taxes (if any), any and all other taxes, passport
expenses, fees, surcharges on a prize, upgrades, additional meals,
beverages, and alcoholic beverages, all tips, gratuities, sightseeing,
souvenirs, and trip insurance, all hotel accommodations not expressly
included above, ground transportation to between winner’s home and
airport, and incidentals. Hotel may require credit card or cash
deposit for incidentals. Guest must be at least twenty-one (21)
years of age and will be required to execute and return a notarized
travel/liability release and (where legal) publicity release prior to
issuance of travel documents.
- Winner
and Guest are solely responsible for making and confirming transportation
reservations to and from New Orleans. All trip prize elements are
subject to availability and confirmation of reservations. Travel
restrictions may apply. Travel must commence Thursday, November 12, 2015
and be completed by Saturday, November 14, 2015. All trip prize elements
must be utilized during single trip and trip prize must be completed
within its entirety no later than Saturday, November 14, 2015 or it will
be forfeit. Trip prize must be taken on travel dates set forth above
in prize description and winner and guest must travel on same
itinerary. Other restrictions apply.
- All
details of all prizes shall be at NOTMC’s sole discretion. Prize is not redeemable for
cash and may not be sold, bartered or auctioned. Prize may not be
transferred or substituted except that NOTMC in its discretion may
substitute a prize, or portion thereof, with a prize or portion of equal
or greater value if it deems necessary. Any such changes will be
announced.
- Any portion of prize not used by
winner is forfeit and no cash substitute will be offered or
permitted. Prize offered is provided “as is” with no warranty or
guarantee either express or implied by Sponsors. Merchandise prize carries
no warranty. Sponsors have neither made nor are responsible or
liable for any warranty, representation, or guarantee, express or implied,
in fact or in law, relative to prize, including but not limited to its
quality, condition or fitness for a particular purpose. Other
restrictions apply.
TO ENTER
- Entries
will be accepted beginning August 28, 2015 at 2 p.m. CT and ending
September 28, 2015 at
3 p.m. CT (“Entry Period”). To enter, visit the Sweepstakes entry
page at NewOrleansOnline.com/promos/2015/boudinandbeer/index.html
and complete an Official Entry Form with the following required
information: (a) name, (b) e-mail address, and (c) daytime phone number.
- Limit one (1) entry per person or email address during
the Entry Period. Additional entries received from any such person or
email address thereafter will be void. Any use of robotic,
repetitive, automatic, programmed, script, macro, or any other automated
means or similar entry methods or agents (including, but not limited to,
contest-entry services) are prohibited and will void all entries submitted
by that entrant.
- Entries must include a valid e-mail address for the
entrant. In the event of a dispute as to the identity or eligibility
of a winner based on an e-mail address, the winning entry will be deemed
made by the “Authorized Account Holder” of the e-mail address number used
at time of entry. “Authorized Account Holder” is defined as the natural
person, twenty-one (21) years of age or older, who is assigned to an
e-mail address by an Internet access provider, online service provider, or
other organization (e.g., business, education institution, etc.) that is
responsible for assigning e-mail addresses for the domain associated with
the submitted e-mail address or the natural person, twenty-one (21) years
of age or older.
- To
be eligible for the drawing, all entries must be received by NOTMC no
later than September 28 at 3 p.m. CT. Entrants who fail to provide
the required information will not be eligible to win and will not be
notified by NOTMC. NOTMC is
not responsible for, and entrants assume all risk of, entries that are
lost, misdirected, mutilated, garbled, distorted, truncated, incomplete,
not legible, if they contain errors or if for any reason they are not
received by NOTMC prior
to the stated deadline, and all such entries are void. All entries
become the property of NOTMC and will not be returned or acknowledged.
- The information that you provide in connection with the
Sweepstakes may be used by NOTMC in
accordance with its Privacy Policy, which is found at www.NewOrleansOnline.com and which may be updated from
time to time.
PRIZE DRAWING
- On September 28, 2015 4
p.m. CT or within a reasonable time thereafter, NOTMC or its designee will
randomly choose one (1) name from all timely entries received.
Subject to verification of eligibility, the person whose name is so drawn
will be declared the winner.
WINNER NOTIFICATION
- NOTMC will contact potential winner in accordance with
the information supplied to NOTMC on his/her Entry Form. Winner may
be verified over the telephone at the time and may be asked to provide
NOTMC with valid identification and execute an affidavit of eligibility or
declaration and, where legal, a publicity
release, and return these documents within five (5) days of
notification. Acceptable identification includes a valid driver’s
license or other valid picture ID showing name and address. Winner
may also be required to sign other legal documents, including tax forms
and a release supplied by NOTMC that, among other disclaimers, releases
Sponsors and a range of subsidiaries, directors, agents, agencies,
affiliates, franchisees, promoters, officers, directors, employees and
related persons from any and all liability related to this Sweepstakes and
the receipt and use of prize. Upon verification of eligibility,
winner’s name may, in NOTMC’s sole discretion, be posted at www.NewOrleansOnline.com.
- In the event that any potential winner (a) cannot be contacted directly by
NOTMC within forty-eight (48) hours from initial attempted notification,
(b) fails to satisfy any eligibility or verification requirement herein,
(c) declines to accept the prize, (d) or is otherwise determined to be
ineligible, NOTMC in its discretion may disqualify that individual and an
alternate winner will be chosen by random drawing to be held as soon as
reasonably practicable after initial winner is determined to be
ineligible. Alternate winners are subject to all eligibility
requirements and restrictions of these Official Rules. NOTMC will conduct
up to two (2) alternate drawings. If NOTMC is unable to confirm an
eligible winner after two (2) alternate drawings, no further drawings will
be conducted and the prize will not be awarded.
PUBLICITY RELEASE
- By accepting a prize, winner agrees to award NOTMC and ELF the right to
publicize his or her name, photographs (including the use and appearance
of winner's photograph on NOTMC’s web page), likeness, biographical
information, e-mail address, voice and details of winning for purposes of
this and future promotions without further compensation, except where
prohibited.
LIMITATION OF LIABILITY/DISCLAIMER OF LIABILITY
- Entrants
agree that NOTMC, ELF, the Hyatt Regency New Orleans, American
Airlines, and Emeril's Homebase, LLC as the parent company and management
company of Emeril's Delmonico, and a range of subsidiaries, directors,
agents, agencies, affiliates, franchisees, promoters, officers, directors,
employees and related persons (a) are not responsible for technical
failures of any kind, including but not limited to lost, disconnected,
interrupted, or unavailable network, server, or other connections, late,
lost, undeliverable, damaged or stolen mail, or for any failed telephone
or computer hardware or software, or for any failed, delayed, misdirected,
corrupted, or garbled transmissions or errors of any kind, whether human,
mechanical, or electronic, or for entries that for any reason are not
received by NOTMC by the deadlines stated above; (b) are not responsible
for any incorrect or inaccurate information, whether caused by entrants,
printing, typographical or other errors or by any of the equipment or
programming associated with or utilized in the Sweepstakes or in the
printing of this offer, administration of this Sweepstakes, or in the
announcement of the prize; (c) are not responsible for any injury or
damage to any computer, modem or other electrical device as a result of
participation in this Sweepstakes, or downloading of any software or materials;
(d) are not responsible for unauthorized human intervention in any part of
the Sweepstakes; (e) are not responsible for any printing, typographical,
technical, computer, network or human error that may occur in the
administration of the Sweepstakes, the acceptance of entries, the
selection of the winner, the prize or otherwise in any Sweepstakes-related
materials; (f) are not responsible for any unauthorized third party use of
any entry; (g) are not responsible for the inability to select a winner because
of postal failure, equipment failure, or data storage failure; and (h) are
released from any and all alleged, existing, or future actions, claims,
and/or liabilities of whatever nature including, but not limited to,
personal injury, bodily injury (including, without limitation, wrongful
death and disability), property damage, and expense (including, without
limitation, reasonable attorneys’ fees) and loss or damage of any other
kind, arising in whole or in part directly or indirectly, from participating
in the Sweepstakes (in whole or in part), the use (including modification,
adaptation, and reproduction) of entry materials during or after the
Sweepstakes, and the delivery, acceptance, possession, redemption, use,
misuse, loss, or misdirection of a prize.
MISCELLANEOUS
- Any third party trademarks mentioned herein are the
property of their respective trademark owners. The use or mention of such
third party trademarks in these Official Rules or in the Sweepstakes is
solely for descriptive purposes and shall in no way imply an endorsement
or sponsorship of the Sweepstakes.
- NOTMC
reserves the right to cancel, terminate or suspend this Sweepstakes or any
part of this Sweepstakes should any non-authorized intervention, network
failure, information storage failure, telecommunications failure,
malfunction, or other causes beyond its control, corrupt or impair the
security, administration, fairness and/or operation of this Sweepstakes as
determined by NOTMC in its sole discretion, at which time, NOTMC will select
the winner by conducting a random drawing from among all non-suspect
entries received at the time of the Sweepstakes cancellation, termination
or suspension.
- NOTMC reserves the right to prohibit any entrant from
participating in the Sweepstakes if, at its sole discretion, NOTMC finds such entrant to be
tampering with the entry process or the operation of the Sweepstakes, or
if such entrant repeatedly shows a disregard for, or attempts to
circumvent, these Official Rules, or acts: (a) in a manner NOTMC determines
to be not fair or equitable; (b) with an intent to annoy, threaten or
harass any other entrant or Sponsors; or (c) in any other disruptive
manner. Any person attempting to defraud or tamper with this
Sweepstakes in any way will be ineligible for a prize and may be
prosecuted to the full extent of the law. Tampering includes
attempting to enter more than the number of entries permitted by these
rules including by using an automated device or by using more than one
e-mail address. Any failure by the NOTMC to enforce any of these
Official Rules shall not constitute a waiver of such Official Rules.
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE
LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND
CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, NOTMC RESERVE THE RIGHT TO
SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY
LAW.
- NOTMC reserves the right to correct typographical or
clerical errors in any sweepstakes-related materials. No more than
the stated number of prizes will be awarded. In the event that
production, technical, seeding, programming or any other reasons cause
more than the stated number of prizes as set forth in these Official Rules
to be available and/or claimed, NOTMC reserves the right to award only the
stated number of prizes by a random drawing from among all legitimate,
un-awarded, eligible prize claims.
DISPUTES
- By
entering the Sweepstakes, entrants agree that (a) any and all disputes,
claims, and causes of action arising out of or connected with the
Sweepstakes, or any prizes awarded, shall be resolved individually,
without resort to any form of class action; (b) 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 (c) under no circumstances will any entrant
be permitted to obtain any award for, and entrant hereby waives all rights
to claim punitive, incidental or consequential damages and any and all
rights to have damages multiplied or otherwise increased and any other
damages, other than for actual out-of-pocket expenses. Some
jurisdictions do not allow for limitations on the ability to pursue class
action remedies, or certain kinds of damages, and so these limitations may
not apply to you.
- All issues and questions concerning the construction,
validity, interpretation and enforceability of these Official Rules, or
the rights and obligations of the entrants, NOTMC and any other Sponsors
in connection with the Sweepstakes, shall be governed by, and construed in
accordance with the laws of the State of Louisiana, without giving effect
to any choice of law or conflict of law rules or provisions that would
cause the application of the laws of any jurisdiction other than the State
of Louisiana. Any legal proceedings arising out of this Sweepstakes
or relating to these Official Rules shall be instituted only in the
federal or state courts located in the State of Louisiana, Orleans Parish
and the parties consent to jurisdiction therein with respect to any legal
proceedings or disputes of whatever nature arising under or relating to
these rules. The invalidity or unenforceability of any provision of these
Official Rules shall not affect the validity or enforceability of any
other provision. In the event that any provision is determined to be
invalid or otherwise unenforceable or illegal, these Official 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.
WINNER'S LIST/OFFICIAL RULES COPY
- For
winner’s list (available after November 25, 2015) or a copy of the
Official Rules, mail a SASE to: NewOrleansOnline 2015 Boudin,
Bourbon & Beer Sweepstakes c/o NOTMC, 2020 St. Charles Ave., 4th Floor, New Orleans, Louisiana 70130, specifying either
“Winner’s List Request” or “Official Rules Request.” Vermont and
Washington residents may omit return postage. Official Rules are
also available at NewOrleansOnline.com/popups/rules/boudinandbeer2015.html