Out of the Kitchen Twitter Sweepstakes Rules
"OUT OF THE KITCHEN" WITH TOM COLICCHIO TWITTER CHAT SWEEPSTAKES OFFICIAL RULES
NO SUBSCRIPTION OR PURCHASE REQUIRED TO ENTER OR TO RECEIVE A PRIZE. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
These Official Rules apply for the "Out of the Kitchen" with Tom Colicchio Twitter Chat Sweepstakes promotion ("Sweepstakes") conducted by Martha Stewart Living Omnimedia, Inc., 601 West 26th Street, New York, NY 10001 ("Sponsor") and promoted on www.Twitter.com with Official Rules available at www.marthastewart.com ("Website"). The Sweepstakes will start at 1:00 PM Eastern Daylight Savings Time ("EDT") on April 22, 2011 and will end at 11:59:59 PM EDT on April 22, 2011 ("Promotion Period"). By entering this Sweepstakes, you agree to the Terms in these Official Rules.
1. SWEEPSTAKES ENTRANTS AND PRIZE RECIPIENTS MUST BE BOTH (A) LEGAL RESIDENTS OF ONE (1) OF THE FIFTY (50) UNITED STATES OR THE DISTRICT OF COLUMBIA, AND (B) AGED 18 YEARS OR OLDER AT TIME OF ENTRY. VOID WHERE PROHIBITED BY LAW. SWEEPSTAKES SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS. Employees of Sponsor, Sirius XM Radio, Inc., XM Radio, Inc., and each of their respective parent companies, subsidiaries, affiliates, divisions, advertising and promotion, fulfillment and/or judging agencies, and related entities (collectively, the ''Released Entities''), and their immediate family members (mother, father, brothers, sisters, sons, daughters and spouse, regardless of where they reside) and/or those living in the same household of any such individual, whether or not related, are not eligible to enter or win. Twitter.com is not affiliated with this Sweepstakes in any way and is not responsible for the administration of the Sweepstakes or the awarding of prizes.
2. HOW TO ENTER: Become a follower of "martharadio" on Twitter if you aren't already. Retweet martharadio's "Out of the Kitchen" with Tom Colicchio Twitter Chat Sweepstakes tweet during the Promotion Period (must include both "@martharadio" and "#MSLRsweepstakes", the official hashtag for the Sweepstakes, in your comment) (hereinafter individually as "Eligible Entry" and collectively as "Eligible Entries"). You may tweet as many times as you like during the Promotion Period, but each follower is limited to one (1) Eligible Entry per person, as described above. All Eligible Entries must be received by 11:59:59 PM EDT on April 22, 2011. By submitting an Eligible Entry, each entrant consents to receive from the Sponsor a reply Twitter message and, if applicable, a Twitter direct message, e-mail and/or phone call notifying such entrant that he/she is a potential prize winner. Entrants should contact their appropriate internet, wireless and/or phone service providers for complete details with respect to message and data rates both for sent and received messages. Sponsor is not responsible for computer system, phone line, technical, hardware, software, or program failures of any kind, lost or unavailable network connections, incomplete, garbled or delayed computer transmission or network connections that are human or technical in nature. Use of automated devices is not valid for entry. Sponsor is not responsible for incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in this Sweepstakes or by any technical or human error which may occur in the processing of the Eligible Entries in this Sweepstakes. Incomplete, unreadable, inaccurate, unintelligible or late Eligible Entries or Eligible Entries which otherwise do not comply with these Official Rules will be disqualified. All Eligible Entries, upon submission, become the sole property of the Sponsor and will not be acknowledged or returned and the Sponsor has the right to dispose of the Eligible Entries at Sponsor's discretion. Sponsor reserves the right to, in its sole discretion, cancel, modify or suspend the online portion of this Sweepstakes (or the entire Sweepstakes) should any computer virus, bugs or other technical difficulty or other causes beyond the control of the Sponsor corrupt the administration, security or proper play of the Sweepstakes, at which time, the selection of the prize winners will be determined in a random drawing from among all Eligible Entries received at the time of Sweepstakes termination.
3. SELECTION OF WINNERS: Potential prize winners will be selected in a random drawing from among all Eligible Entries received. The random drawing will be conducted on or about April 25, 2011. The random drawing will be conducted by a Sponsor's representative whose decisions on all matters relating to this Sweepstakes are final and binding in all respects pertaining to this Sweepstakes. Odds of winning depend on the number of Eligible Entries received. Potential prize winners will be notified by Twitter direct message on or about April 25, 2011. Each potential prize winner will be required to respond to the Twitter direct message from Sponsor with a reply message within twelve (12) hours of being announced as the potential prize winner or such potential prize winner will be disqualified. If a potential prize winner (i) does not respond to the Twitter direct message as described above, (ii) is found to be ineligible, (iii) declines the prize, or (iv) his/her prize notification or prize is returned as undeliverable, such potential prize winner will be disqualified and, at Sponsor's sole discretion, an alternate potential prize winner may be selected from the remaining Eligible Entries, provided sufficient time exists. Sponsor is not responsible for fraudulent calls, e-mails, or Twitter direct messages made to entrants not by the Sponsor. Limit one (1) prize per household.
4. TWO (2) GRAND PRIZES: Each Grand Prize consists of two (2) tickets to attend the taping of "Out of the Kitchen" with Tom Colicchio on April 26, 2011 at the Sirius XM Radio studios located at 1221 Avenue of the Americas, New York, NY, between 7:00 PM EDT and 9:00 PM EDT (hereinafter, the "Event"). Grand Prizes have no monetary value. Prize winners will be solely responsible for any and all expenses and costs associated with the acceptance and use of prizes including, but not limited to, all air and ground transportation, lodging, parking, tolls, gasoline, meals and beverages, gratuities, travel upgrades, souvenirs and personal incidentals required to travel to the Event. Due to the nature of the prize, neither Sponsor nor any of the Related Entities are responsible if the Event is cancelled or postponed. Event date and venue are subject to change without notice. No cash substitution, assignment, or transfer of any prize permitted. In the event a prize is unavailable, Sponsor reserves the right to substitute a prize of equal or greater value. Each prize winner must attend Event on dates designated by Sponsor or prize winner will be disqualified and an alternate prize winner will be selected from among all remaining Eligible Entries, provided sufficient time exists. Prize winners will be solely responsible for all federal, state and local taxes on prizes.
5. CLAIMING PRIZES/RELEASES: Potential prize winners may be required to execute and return a Publicity Release (unless prohibited by law) and a Prize Verification Form to Sponsor within twenty-four (24) hours of notification. If a selected potential prize winner fails to comply with the Official Rules and/or submit any required documentation within the designated period, such potential prize winner will be disqualified and the prize will be awarded to an alternate potential prize winner in a random drawing from all remaining Eligible Entries, provided sufficient time exists. All prizes will be awarded provided they are properly claimed.
6. INTERNET: If for any reason this Sweepstakes is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process. The Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsor is not responsible for any problems or technical malfunctions of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by the Sponsor due to technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant's or any other person's computer relating to or resulting from participating in this Sweepstakes or downloading any materials in this Sweepstakes. SPONSOR IS NOT RESPONSIBLE FOR INCOMPATIBILITY OF ENTRANT'S HARDWARE, SOFTWARE OR BROWSER TECHNOLOGY WITH SPONSOR'S HARDWARE, SOFTWARE OR BROWSER TECHNOLOGY. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHERREMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity or eligibility of a Prize Winner based on an e-mail address or Twitter account, the winning entry will be declared made by the "Authorized Account Holder" of the e-mail address or Twitter account at time of entry. "Authorized Account Holder" is defined as the natural person 18 years of age or older who is assigned to an e-mail address by an Internet access provider, on-line 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. Sponsor may ask any entrant or potential winner to provide Sponsor with proof that such party is the authorized account holder of the email account associated with the Eligible Entry.
7. GENERAL: By entering this Sweepstakes, entrants and Prize Winners: (1) agree to be bound by these Official Rules; (2) agree to release Sponsor and the Released Entities from any and all liability for any loss, harm, damages, costs or expenses, including without limitation property damages, personal injury and/or death arising out of participating in this Sweepstakes, or the acceptance, possession, use or misuse of any prize and claims based on publicity rights, defamation or invasion of privacy and merchandise delivery; and (3) consent to the use of his/her name, voice, picture, and likeness for advertising and promotional purposes in any medium throughout the world in perpetuity without additional compensation unless prohibited by law, and (4) acknowledge that Sponsor and Released Entities have neither made nor are responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any Prize, including but not limited to its quality, mechanical condition, or fitness for a particular purpose. Sponsor may discontinue this Sweepstakes at any time. Sponsor may terminate any Sweepstakes or decide to modify it in any manner that it deems fair and equitable to participants if it becomes aware of any occurrence that would materially affect the Sweepstakes' security and fairness. Sponsor may prohibit individuals from participating in the Sweepstakes and disqualify entries if they (1) attempt to enter the Sweepstakes through any means other than as described in these Official Rules, (2) attempt to disrupt the Sweepstakes or circumvent the terms and conditions of these Official Rules in any way or (3) repeatedly show a disregard for the Sweepstakes Official Rules or act (a) in an unsportsmanlike manner, or (b) with an intent to annoy, abuse, threaten or harass any other entrant or Sponsor. Sponsor's decisions with respect to the Sweepstakes are final.
8. LIABILITY AND RELEASE: By participating in this Sweepstakes, entrants agree to release and hold harmless Sponsor and the Released Entities from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize hereunder, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) errors in the administration of the Sweepstakes or the processing of entries; or (e) injury or death to a person(s) or damage to property which may be result, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes or entrants receipt, acceptance, use &/or enjoyment of any prize. In no event shall the Released Entities be liable for attorney's fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Sponsor and Released Entities reserve the right to correct typographic, clerical or printing errors in any Sweepstakes materials. Sponsor and Released Entities are not responsible for any typographical or other error in the printing of this Sweepstakes, the administration of the Sweepstakes or in the announcement of Prize Winner(s), including such error as may give an erroneous indication that a prize has been won. In the event the Sponsor or Released Entities are prevented from continuing with this Sweepstakes, or the integrity and/or feasibility of the Sweepstakes is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute, or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, provincial or local government law, order of regulation, order of any court or jurisdiction, or other cause not reasonably within the Sponsor's or Released Entities' control (each a "Force Majeure" event) the Sponsor and Released Entities shall have the right, in their sole discretion, to abbreviate, modify, suspend, cancel or terminate the Sweepstakes without notice or further obligation. If the Sponsor or Released Entities, in their discretion, elect to abbreviate, cancel or terminate the Sweepstakes as a result of a Force Majeure event, the Sponsor and Released Entities reserve the right, but shall have no obligation, to award the prizes from among all valid and Eligible Entries received up to the time of such Force Majeure event.
10. PRIZE WINNERS LIST/OFFICIAL RULES: To obtain the names of the prize winners, (available after April 26, 2011) or for a copy of these Official Rules, send a self-addressed, stamped #10 envelope to be received by May 31, 2011 to: "Out of the Kitchen" With Tom Colicchio Twitter Chat Sweepstakes, c/o Martha Stewart Living Omnimedia, Inc., 601 West 26th Street, New York, NY 10001. Please specify "Official Rules" or "Winners List". VT residents do not need to affix return postage for Official Rules requests. Do not send Sweepstakes entries to this address.
NATURE OF SPONSOR'S BUSINESS: Media.
(c) 2011 Martha Stewart Living Omnimedia, Inc. All rights reserved. Twitter and Twitter.com are the trademarks and service marks of Twitter, Inc. All rights reserved.