TERMS & CONDITIONS
Warmest Cold City Sweepstakes (the “Sweepstakes”)
Official Sweepstakes Rules (the “Rules”)
The Sweepstakes is subject to all applicable federal, state, and municipal laws.
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE TO BE BOUND BY THESE OFFICIAL RULES.
SWEEPSTAKES ENTRY PERIOD: Oxford Pennant Warmest Cold City Sweepstakes (the “Sweepstakes”) begins at 12:00:01 AM Eastern Standard Time (“EST”) on Monday, January 7, 2019 and ends at 11:59:59 AM EST on Friday, February 1, 2019 (the “Sweepstakes Period”).
ELIGIBILITY: The Sweepstakes is open to legal residents of 46 of the 50 United States (excluding Alaska, Hawaii, and Rhode Island) and the District of Columbia, age 18 or older at the time of entry. Void in Alaska, Hawaii, Rhode Island, Guam, Puerto Rico, the U.S. Virgin Islands, Canada, outside the U.S., and wherever else prohibited by law. Employees of Oxford Pennant, (the "Sponsor"), and its respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members of, and/or those living in the same household of each, are not eligible to enter. Sweepstakes is subject to all applicable federal, state and local laws and regulations.
HOW TO ENTER: During the Sweepstakes Period, visit and enter your email address and submit (the “Entry”). Entries must be received between Monday, January 7, 2019 at 12:00:01 AM EST and Friday, February 1, 2019 at 11:59:59 AM EST. By entering the Sweepstakes, entrants affirmatively consent to receive email communications, including promotions and marketing materials, from Sponsor, Oxford Pennant.
Limit: One (1) Entry total per person and email address. All entries become the property of the Sponsor and will not be acknowledged or returned. The Sweepstakes is intended only for persons over the age of eighteen (18). Entries by persons under the age of eighteen (18) will be disregarded. By entering this Sweepstakes you affirmatively represent that you are eighteen (18) years or older.
Entrants will have the opportunity, but not the obligation, to share the Sweepstakes with others by publishing a post to their own Facebook page, tweet to their own Twitter account or pin to their own Pinterest board. Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc., Instagram, Twitter, Inc., or Pinterest.
PRIZE/APPROXIMATE RETAIL VALUE (“ARV”)/ODDS: One (1) Grand Prize is available to be awarded in this Sweepstakes. The Grand Prize consists of a weekend trip for two (2) persons, to Buffalo, New York. The Grand Prize trip package includes:
Two (2) spots, for winner and guest, for a three (3) day Buffalo experience. Includes:
Two (2) nights hotel accommodations at Hotel Henry
$500 gift card to Oxford Pennant retail store or oxfordpennant.com
Ground transportation provided by $100 Ride-Share Gift Card (vendor to be determined by winner)
Meals provided by Restaurant Gift Cards: $100 to Marble + Rye, $200 to Ristorante Lombardo, $100 to 100 Acres, $40 to Swan Street Diner, $50 to Ted’s Hot Dogs, $50 to Little Club Wine Bar
One (1) sheet pizza and an order of wings from Picasso’s Pizza
One (1) bottle of champagne from City Wine Merchant
Rental décor in hotel room by Daddy’s Plants (rental)
Two (2) admission tickets to the Albright Knox Art Gallery
$150 Visa Gift Card
Round-trip economy airfare, valued at a maximum of $1250 USD for winner and guest from closest airport to winner’s home city to and from Buffalo, New York.
For further details on the Buffalo trip, including prizes and other essential trip information, visit http://warmestcoldcity.com.
The ARV of the Grand Prize is: $3,180. Trip must be completed by March 10, 2019 or prize will be forfeited. Any difference between the ARV and actual value will not be awarded. Taxes, fees, and gratuities are not included. Odds of winning will depend upon the total number of eligible entries received.
For purposes of these Rules, Hotel Henry, City Wine Merchant, Albright Knox, Daddy’s Plants, Picasso’s Pizza, The Little Club, Ristorante Lombardo, Marble & Rye, are Advertising Participants in this Sweepstakes as set forth further below.
RANDOM DRAWING: The Grand Prize winner will be selected in a random drawing on or about February 1, 2019 from among all eligible entries received during the Sweepstakes Period by the Administrator, whose decisions are final.
WINNER NOTIFICATION: Grand Prize winner will be notified via email, and will be required to sign and return, within seven (7) days of notification, an Affidavit of Eligibility, a Liability Waiver, a W-9 Form and where allowable, a Publicity Release (collectively, "the Releases"). These Releases will require the Grand Prize winner to furnish his/her Social Security Number for the sole purpose of tax reporting, as required by law. Noncompliance will result in disqualification and an alternate winner may be selected. The prize package will be awarded within approximately fifteen (15) days after the winner is verified.
PRIZE CONDITIONS: PARTICIPATION IN THIS SWEEPSTAKES AND THE RECEIPT AND/OR USE OF PRIZE OFFERED IS AT YOUR OWN RISK. ENTRANTS ACKNOWLEDGE THE INHERENT HAZARDS, DANGERS AND RISKS ASSOCIATED WITH TRAVELING INCLUDING BUT NOT LIMITED TO: INJURIES RECEIVED FROM EQUIPMENT OR RECEIVED FROM OTHER’S USE EQUIPMENT; INJURIES FROM ENCOUNTERS WITH WILDLIFE AND/OR INSECTS; INJURIES FROM EXPOSURE TO SUN, WIND, WEATHER AND/OR OTHER NATURAL ELEMENTS AND ACTIVITIES; RAPID MEDICAL ATTENTION AND/OR EMERGENCY RESPONSE MAY NOT BE AVAILABLE; AND THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF SUCH ACTIVITIES, AND ENTRANTS ASSUME THESE RISKS AND DANGERS.
BY ACCEPTING THE GRAND PRIZE, WINNER ACCEPTS (AND AGREES TO CONFIRM IN WRITING) THE INHERENTLY DANGEROUS NATURE AND RISK IN AIR, LAND AND SEA TRAVEL, INCLUDING POTENTIAL PERSONAL INJURY AND/OR DEATH, ACKNOWLEDGES THAT HIS/HER PARTICIPATION IN THE USE OF GRAND PRIZE IS VOLUNTARY, ACKNOWLEDGES THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT OR AFFECT THE SAFETY OF THE ACTIVITIES HE/SHE IS PARTICIPATING IN AND HE/SHE ASSUMES THE RISK OF SUCH FACTORS AND OCCURRENCES AND AGREES TO THE EXTENT ALLOWED BY LAW THAT THE SPONSOR, THE SWEEPSTAKES ADMINISTRATOR, ADVERTISING PARTICIPANTS Facebook, Inc., Instagram, Twitter, Inc., or Pinterest AND EACH OF THEIR RESPECTIVE EMPLOYEEES AND AGENTS SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH. SPONSOR, ADMINISTRATOR AND ADVERTISING PARTICIPANTS SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL OR ACTIVITY RELATED TO THE PRIZE OR ANY OTHER ASPECT OF GRAND PRIZE WINNER’S ACCEPTANCE OR USE OF THE PRIZE, EVEN IF CAUSED BY THEIR OWN NEGLIGENCE OR GROSS NEGLIGENCE.
All travel related expenses, including but not limited to, airfare and ground transportation to/from joining and finishing points, taxes, fuel/currency surcharges, fees, gratuities, incidentals, upgrades, insurance, service charges, airport surcharges, luggage fees, departure taxes, hotel, resort or property fees, food & beverage expenses not included with prize package and personal expenses such as telephone/Internet charges and gift shop purchases are the sole responsibility of prize winner. Winner is responsible for obtaining proper travel documentation, including passports and visas, as applicable and to comply with any customs and immigration requirements. Winner is responsible for obtaining any travel insurance (and all other forms of insurance) that he/she may wish to obtain (at their own expense) and hereby acknowledge that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Advance booking requirements and travel restrictions may apply. Photo identification and credit card or cash deposit may be required at any time for incidental charges (e.g., room service, use of telephone/IT services, laundry and all other optional extra services not provided in the Grand Prize). Reservations are subject to availability at time of reservation. Restrictions may apply. If weather or other incident or conditions beyond the control of the Sponsor affects the ability for winner to redeem any portion of prize during the scheduled date and time, then the Sponsor shall have no further obligation to the winner other than to supply the remaining elements of the prize package minus the unused portion of prize. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotel, transportation companies, or any other persons providing any prize-related services or accommodations. Sponsor is not liable for expenses incurred as a consequence of flight cancellation/delay. If for any reason whatsoever, winner is unable to travel after all travel arrangements have been made and paid, the Sponsor shall have no further obligation to the winner.
In the event a winner engages in behavior that, as determined by the Sponsor in their sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip early, in whole or in part, and send the winner home with no further obligation. In the event a winner engages in behavior during travel that (as determined by Sponsor in their sole discretion) is illegal, tortious, or subjects winner to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by winner as a result of such conduct, whether incurred by an Advertising Participant or third party. In the event an Advertising Participant or third-party asserts a claim or seeks damages from Sponsor relating to or arising out of an act of the entrant, entrant agrees to indemnify Sponsor for any and all such costs and damages, including the defense of any litigation related thereto.
If a prize notification or prize is returned as undeliverable, or if winner is found to be ineligible or not in compliance with these rules that winner will be disqualified, and the Grand Prize may be awarded to an alternate winner in a separate random drawing. Only two (2) alternate winners may be determined through this process, after which the prize will remain un-awarded.
Grand Prize is not redeemable for cash. Prize is not assignable or transferable. No substitutions are permitted, except if prize is unavailable, in which case a prize of equal or greater value will be awarded, at Sponsor’s sole discretion. No cash in lieu of prize and no exchanges or substitutions, except at the sole discretion of the Sponsor. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility. THE PRIZE IS AWARDED “AS IS” AND NEITHER SPONSOR, ADVERTISING PARTICIPANTS NOR ADMINISTRATOR MAKE ANY, AND HEREBY DISCLAIM ANY AND ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE PRIZE.
Grand Prize winner is responsible for all federal, state, local and income taxes associated with winning prize. Grand Prize winner will be required to furnish his/her social security number for the sole purpose of preparation of any tax forms as required by law.
Except where prohibited by law, entry in this Sweepstakes and/or acceptance of Grand Prize or any portion thereof constitutes permission for Sponsor, Advertising Participants and their designees, to use winner's name, email address, prize won, hometown, likeness, video tape, photographs, voice and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission. By entering into this Sweepstakes entrants affirmatively consent to the sharing of their email addresses with Advertising Participants.
GENERAL: Although subsequent attempts to enter may be received, only the first complete entry received from a particular entrant will be eligible; subsequent attempts by the same person to enter, including entries submitted with an alternate email address, will be disqualified.
Participating entrants agree to these Official Rules and the decisions of the Administrator and the Sponsor, and release the Sponsor, Administrator, Advertising Participants, Facebook, Inc., Instagram, Twitter, Inc., or Pinterest and their affiliated companies, and all other businesses involved in this Sweepstakes, including advertisers, as well as the employees, officers, directors and agents of each, and including legal and financial advisors (the “Released Parties”), from all claims and liability (including all damages, losses, expenses and fees including reasonable attorney(s) fees) relating to participation in the Sweepstakes, including the acceptance and use/misuse of the Grand Prize offered. Winner assumes all liability for any injury or damage caused or claimed to be caused, by participation in this Sweepstakes or use/misuse or redemption of the prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the Grand Prize.
In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the "Authorized Account Holder" of the e-mail address submitted at time of entry. Authorized Account Holder means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization 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 address associated with the entry. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Released Parties are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant's or any other person's computer related to or resulting from participating in the Sweepstakes. By participating in the Sweepstakes, you (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the Administrator, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. Sponsor reserves the right to: (i) permanently disqualify from any Sweepstakes it sponsors any person it believes has intentionally violated these Official Rules; and (ii) withdraw the online method of entry if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Sweepstakes), and to select winners from among all eligible entries received prior to withdrawal. 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, and to cancel, terminate, modify or suspend the Sweepstakes, at which time, Sponsor will conduct a random drawing from among all eligible entries received at the time of the Sweepstakes termination.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
BINDING ARBITRATION NOTICE: You agree that if there is any dispute or claim arising from or related to the Sweepstakes such dispute will be resolved by confidential binding arbitration, rather than in court, after first giving Notice of the Dispute (Notice) to Sponsor and the opportunity to discuss resolution within thirty (30) days of such Notice. The Notice to Sponsor should be sent to: 731 Main Street, Buffalo NY 14203.
If you and Sponsor are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Sponsor may initiate arbitration proceedings. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the provisions of these Terms & Conditions as a court would. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.
CLASS ACTION WAIVER: YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND SPONSOR, WHETHER ARISING OUT OF CONTRACT OR TORT AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. The law of the State of New York should govern any such proceeding.
LIMITATION OF LIABILITIES: In any event, the aggregate liability of the Sponsor under these Terms and Conditions shall not exceed five hundred dollars ($500). The exclusions and liabilities set forth herein apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
AFFIRMATIVE CONSENT TO RECEIVE COMMUNICATIONS: By entering and providing the required entry information, entrants affirmatively consent to receive communications, promotions, information, samples and/or special offers from Sponsor and Advertising Participants which Sponsor or Advertising Participants believe may be of interest to entrant, in their sole discretion.
WINNER CONFIRMATION: For a written confirmation of the winner (available after February 1, 2019) send a stamped, self-addressed envelope (no later than February 3 2019), to: Oxford Pennant, 731 Main Street, Buffalo NY 14203.
SPONSOR: Oxford Pennant, 731 Main Street, Buffalo NY 14203.