Hestan Commercial Corporation 2015 “I Want My Hestan” Giveaway Official Rules

NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. BY PARTICIPATING IN THIS PROMOTION, YOU WILL ONLY BE ENTERING TO WIN A CHANCE TO WIN THE PRIZE SUBJECT TO THESE RULES.

Participation in this Promotion is subject to your acceptance of these rules (“Rules”) and winning a prize is contingent upon fulfilling all requirements set forth in these Rules.

1. Sponsor and Administrator:

The Promotion’s sponsor and administrator are Hestan Commercial Corporation, located at 3375 E. La Palma Avenue, Anaheim, CA 92806 and The Ramey Agency, LLC, located at 3100 North State Street, Suite 300, Jackson, MS 39216 (collectively, “Sponsor”). This Promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram or Twitter.

2. Eligibility:

The Hestan Commercial Corporation 2015 “I Want My Hestan” Giveaway (the “Promotion”) is only open to Kitchen Representatives of Food Service Establishments who: (a) are registered users of the Twitter Service and followers of Hestan Commercial Corporation (@HestanTeam) on Twitter; (b) have a valid public Instagram account and follow Hestan Commercial Corporation (@Hestanteam) on Instagram; and (c) are eighteen (18) years of age or older as of date of entry and are legal United States (“U.S.”) residents physically residing in one (1) of the forty-eight (48) continental U.S. states or the District of Columbia, (excluding Alaska, Hawaii, Puerto Rico, Guam, the U.S. Virgin Islands and other U.S. territories). The Promotion is void outside the continental United States and wherever prohibited or restricted by law, and is subject to all applicable federal, state, and local laws and regulations. For purposes of these Official Rules, “Kitchen Representative” means an individual who is legally authorized to represent a “Food Service Establishment,” which refers to an individual, firm, partnership, company, corporation, association or any public or private entity that owns or operates a kitchen under license, permit or with the approval of an appropriate state or local regulatory authority, where food is prepared and intended for individual portion service whether consumption occurs on or off the premises. Eligible Food Service Establishments may be commercial (such as restaurants and hotel kitchens) or non-profit (such as congregations, clubs or fraternal organizations) so long as they are licensed and located in a structure that meets local construction standards applicable to commercial restaurants. The term Food Service Establishment excludes private homes where food is prepared or served for family consumption. All U.S. federal, state, and local laws and regulations apply. Employees of Sponsor (as defined below) and its affiliates, and their immediate families (spouse, parents, siblings and children) and household members of each such employee are not eligible to participate in the Promotion. Only one entry per Food Service Establishment location allowed. Participation in this Promotion constitutes Entrant’s full and unconditional agreement to these terms and conditions and Sponsor’s decisions, which are final and binding in all matters related to the Promotion.

3. Promotion Period and Timing:

The Promotion starts on December 7, 2015 at 12:01 AM Pacific Daylight Time and ends on December 18, 2015 at 11:59 PM Pacific Daylight Time (the “Promotion Period”). Entries must be submitted by the end of the Promotion Period. The potential winner will be randomly selected and contacted on December 21, 2015 at or around 12:00 PM Pacific Daylight Time (“Drawing Date”). For purposes of these Rules, all times and days are Pacific Standard Time.

Sponsor’s computer is the official time-keeping device for this Promotion

4. How to Enter:

To enter, during the Promotion Period you, on behalf of the eligible Food Service Establishment that will own the Prize, if selected, (collectively, “Entrant”), must follow Hestan Commercial Corporation on Twitter and Instagram and go to http://commercial.hestan.com/i-want-my-hestan/ on a computer or wireless device and complete and submit the entry form pursuant to the on-screen instructions (i.e., Provide the name and Instagram @, Twitter @ and email addresses of the Kitchen Representative (referred to as “Chef”), the Name, Address, City, State, Zip Code and Phone Number of the Food Service Establishment (referred to as “Restaurant”), and answer the question “What do you most want to improve in your current kitchen?”). All entries become the sole property of the Sponsor and receipt of entries will not be acknowledged. Only one entry per Food Service Establishment location allowed. Any other attempted form of entry is prohibited; no automatic, programmed, robotic or similar means of entry are permitted.

Multiple Entrants are not permitted to share the same email address or Twitter and Instagram account. Each potential winner may be required to show proof of being the authorized account holder. Should multiple users of the same email, Twitter or Instagram account enter the Promotion and a dispute thereafter arises regarding the identity of the Entrant, the authorized subscriber of the email Twitter and Instagram accounts indicated at the time of entry will be considered the Entrant. “Authorized subscriber” is defined as the natural person who is assigned an email address by an internet access provider, on-line service provider or other organization which is responsible for assigning email addresses or the domain associated with the submitted email address, and the individual who successfully completed the registration form and obtained a User Identification (“ID”) and associated password (“Password”) on Twitter and Instagram. Any attempt by any Entrant to obtain more than the stated number of Entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant’s Entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification.

Sponsor reserves the right to disqualify from this Promotion, any Entrant it believes has violated these Rules, including, but not limited to, by tampering with the entry process or the operation of the Promotion, is acting in violation of these Rules, or is acting in an unsportsmanlike or disruptive manner

Sponsor is not responsible for telecommunications, network, electronic, technical or computer failure or any kind of lost, late, incomplete, mutilated, invalid, unintelligible, misdirected entries, all of which will be disqualified. Only completed entry forms with valid email addresses and social media accounts, as applicable, are eligible. All ineligible entries will be disqualified.

Important Notice: If you are a wireless service subscriber and have a smart phone, tablet or other wireless device that allows you to access this Promotion, you may also enter the Promotion via any of those devices during the Promotion Period (as defined below). You may be charged data rates according to the Terms and Conditions of your Service Agreement with your wireless carrier. Each wireless carrier’s rate plan may vary, and Entrants should contact their wireless carrier for information on rate plans and charges relating to your participation in this Promotion. Mobile and wireless service is offered on an ‘as is’ basis, may not be available in all areas at all times, and may not continue to work in the event of product, software, coverage or other service changes made by your wireless carrier. Your wireless service carrier may change or discontinue your service, may charge you additional amounts at any time by giving you prior notice and/or it may discontinue service if you disagree to additional charges.

5. Selection of Winner:

On the Drawing Date, Sponsor will randomly select one (1) potential winner from all eligible Entries received during the Promotion Period. That potential winner, on behalf of the eligible Food Service Establishment that will own the Prize, if selected, will be eligible to receive one (1) Prize. Sponsor will contact the potential winner via the email address provided in the potential winner’s Entry. That potential winner will have seventy-two (72) hours to respond to Sponsor’s notification to claim the Prize on behalf of the eligible Food Service Establishment that will own the Prize. If a potential winner cannot be contacted, fails to sign and return the Sponsor-provided Declaration and Release or provide any other requested information within the required time period indicated by Sponsor, or the prize is returned as undeliverable, the potential winner forfeits the prize. Receiving a prize is contingent upon compliance with these Rules and returning to Sponsor, the Sponsor-provided Declaration and Release. In the event that a potential winner is disqualified for any reason, Sponsor may award the applicable prize to an alternate winner by randomly selecting an Entry from the remaining eligible Entries. Only one (1) alternate drawing will be held, after which the Prize will remain un-awarded. Prizes will be fulfilled approximately one (1) to two (2) months after the conclusion of the Promotion.

Odds of winning the Prize depends on the number of eligible entries received during the Promotion Period.

6. Prize and Odds:

There is one (1) Prize available to be won by one (1) selected Entrant (“Winner”). The Estimated Retail Value (“ERV”) for each element of the Grand Prize is based on the Manufacturer’s Suggested Retail Price, estimated value of shipping, and maximum cash value of installation cost; Actual Retail Value (“ARV”) of Prize may vary. Winners will not receive the difference between the actual and approximate retail values.

The Prize consists of one (1) of the following items listed below:

Item ARV
18 INCH
ARV
24 INCH
ARV
30 INCH
ARV
36 INCH
Charbroiler $8,000.00 $9,150.00 $9,800.00 $10,800.00
Thermostatic Griddle $5,800.00 $7,250.00 $8,750.00 $10,600.00
Plancha $6,250.00 $7,650.00 $9,000.00 $10,700.00

The Prize also includes shipping (with a $300.00 ERV) the selected item to the Winner’s location and payment of the actual cost of installing the prize at Winner’s kitchen up to a maximum of $500.00. Total ERV of all Prizes available in this Promotion is between $6,600.00 and $11,600. Sponsor will furnish an Internal Revenue Service Form 1099 to Winner for the ARV of the Prize for the year in which the Prize was won.

Winners may not substitute, assign or transfer Prize or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute Prize (or portion thereof) with one of comparable or greater value. All Prize details are at the sole discretion of Sponsor. ALL FEDERAL, STATE, AND LOCAL TAXES AND FEES, INCLUDING INCOME TAX, SALES TAX, AND ANY OTHER EXPENSES ARISING OUT OF THE RECEIPT AND USE OF THE PRIZES, ARE SOLELY THE RESPONSIBILITY OF THE WINNER. Winners agree to accept the prize “as is.” The Prize will be shipped to a valid address provided by the winner.

No more than the stated number of Prizes will be awarded.

7. Release:

By participating in this Promotion, Entrant and the eligible Food Service Establishment that Entrant represents and which will own the Prize, if selected, agrees to release, discharge, indemnify and hold harmless the Sponsor, the Ramey Agency, Twitter Inc., Instagram, Inc., and each of their respective affiliates, subsidiaries, officers, directors, employees, suppliers, distributors, representatives, agents, and parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any and all claims made by winners, Entrants, or any other third parties, related in any way to the operation of this Promotion as well as any other claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any Promotion-related activity or participation.

By entering, you agree to release, discharge, indemnify and hold harmless the Promotion Entities and their respective parent companies, subsidiaries, their respective representatives and agents, advertising and promotion agencies, promotion partners and prize suppliers, and all of their respective affiliated companies, employees, officers, directors and shareholders, from and against all claims and damages or liability arising in connection with your participation and/or entry in the Promotion and/or their receipt or use of any prize awarded in this Promotion or due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any Promotion-related activity or participation in this Promotion. Except where prohibited by law, the winner’s entry and acceptance of the prize constitutes permission for the Promotion Entities to use said winner’s names, photographs, likenesses, statements, biographical information, voices, and city and state addresses on a worldwide basis, and in all forms of media, in perpetuity, without further compensation. If by reason of a printing or other error, more prizes are claimed than the number set forth in these rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of prizes will be awarded. You further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.

8. Limitation on Liability:

The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrants or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions or interruptions in network hardware or software; (3) unauthorized human intervention in any part of the submission process; (4) technical or human error which may occur in the administration or processing of the Promotion; (5) late, lost, undeliverable, damaged or stolen mail; or (6) ineligibility of Entrant for any reason (as determined in Sponsor’s sole discretion).

9. Assignment of Rights:

By accepting any prize, Winner consents to the use of his/her name, photo and/or likeness, biographical information, hometown, state, and statements attributed to winner (if true) for advertising and promotional purposes in any media, form, and format, whether now known or hereinafter created, devised, or developed, worldwide, in perpetuity, without further payment or consideration, unless prohibited by law.

10. Additional Terms:

In the sole opinion of the Sponsor, Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures, human error or any other factor impairs the administration, security, fairness or proper play of this Promotion. Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that provision.

11. Disputes:

For any questions about these Rules, please contact Sponsor. All disputes, claims and causes of action at law or in equity arising out of or relating to this Promotion, the meaning or interpretation of the Rules or any prize awarded shall be resolved by applying the laws of California, without regard to conflict of laws provisions therein. Any action by entrant or any third party brought to enforce these rules or, in connection with any matters relating to this Promotion shall be brought only in either the State or Federal Courts located in Orange County, California, and you expressly consent to the jurisdiction of said courts.

12. Mandatory Twitter and Instagram Disclosure:

This promotion is in no way sponsored, endorsed or administered by, or associated with Twitter or Instagram.

13. Winners List:

For a copy of the rules and/or a list of winners, where permitted by law, send a self-addressed stamped envelope to “2015 I Want My Hestan” Giveaway”, ATTN: Vice President of Sales, Hestan Commercial Corporation, located at 3375 E. La Palma Avenue, Anaheim, CA 92806.

© 2015 Hestan Commercial Corporation.