James Beard Foundation Fly and Dine Sweepstakes Official Rules
NO PURCHASE OR CONTRIBUTION NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.
A PURCHASE OR CONTRIBUTION DOES NOT IMPROVE YOUR CHANCES OF WINNING.
SWEEPSTAKES ENTRY PERIOD: The James Beard Foundation Fly and Dine Sweepstakes (the “Sweepstakes”) starts at 12:00:00 AM Eastern Time (“ET”) on August 16, 2021 and ends at 11:59:59 PM ET on August 31, 2021 (the “Sweepstakes Entry Period”).
ELIGIBILITY: Sweepstakes is open to legal residents of the 48 contiguous United States or the District of Columbia, age 21 and older at time of entry (collectively the “Entrant”). Void in Alaska, Hawaii, and where prohibited by law. Employees of the James Beard Foundation (“Sponsor”), American Airlines, Inc. (“Prize Provider”), Ventura Associates International LLC (“Administrator”) and all other companies involved with the development or execution of this Sweepstakes (collectively referred to as “Sweepstakes Entities”) and their immediate family members, and/or those living in the same household of each whether related or not are not eligible to enter. Sweepstakes is subject to all applicable federal, state, and local laws and regulations.
HOW TO ENTER: Entrants will be automatically entered for a chance to win when they visit https://forms.office.com/Pages/ResponsePage.aspx?id=pmDT-WWK3EutolEIGnAIMNVeHdbIB8lMrGccCzDXu0JUNUNZRzA1NkdMNzRTTjhPWDRIMlBXWE4xQy4u and follow all online instructions to complete the Entry Form during the Sweepstakes Entry Period (referred hereafter as “Entry” or “Entries”). Limit: one (1) Entry per Entrant for the duration of the Sweepstakes Entry Period. Use of any automated, robotic or similar methods or agents to participate is prohibited and will result in disqualification. Mechanically reproduced Entries will be disqualified along with all Entries associated with the disqualified Entry or Entries. Sponsor is not responsible for lost, late, garbled, damaged, illegible, incomplete, inaccurate or misdirected entries. All Entries submitted become property of the Sponsor and will not be acknowledged. In the event of a dispute as to the ownership of any Entry, the authorized account holder of the email account used to enter will be deemed to be the Entrant. Winner(s) may be required to show proof of being the authorized email account holder. Sponsor reserves the right to disqualify any Entry for any reason, in its sole and absolute discretion. Sponsor is under no obligation to disclose why an Entry has been disqualified other than the Entry was ineligible under these Official Rules. Multiple Entrants are not permitted to share the same email account. All requests and/or materials submitted will not be returned or acknowledged.
RANDOM DRAWING/WINNER NOTIFICATION: Potential winners (subject to verification) will be determined via a random drawing from all eligible entries received during the Sweepstakes Entry Period. Random drawing will be conducted by Administrator on or about September 7, 2021. Each potential winner (referred hereafter as a “winner”) will be notified by Administrator via email and will be required to execute and return an Affidavit of Eligibility, Release of Liability and a Publicity Release ("Affidavit") and a W-9 IRS Tax Form so it is received by Administrator within five (5) days of date printed on notification or such winner will be disqualified and an alternate winner may be selected. Sponsor is not responsible for changes to a potential winner’s email address that may interfere with winner notification. At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate winner may result from any of the following:  potential winner’s failure to respond to winner notification within three (3) days after its transmission;  the failure of notification due to deactivation of the potential winner’s email account prior to receipt of notification; a potential winner’s failure to provide Sweepstakes Administrator and/or Sponsor with the required documents needed to verify his/her eligibility within the time allocated;  potential winner’s failure to validly claim the prize by deadline date,  if a winner cannot accept or receive the prize for any reason; and/or  any other non-compliance with the Official Rules. Each prize will be awarded within sixty (60) days after receipt and verification of completed prize documents. Entry or acceptance of prize constitutes permission (except where prohibited by law) for Sponsor to use each winner's name, prize won, Entry, hometown and likeness for promotional purposes without further compensation.
ODDS OF WINNING: Odds of winning depend on the number of eligible entries received during the Sweepstakes Entry Period.
PRIZE DETAILS & APPROXIMATE RETAIL VALUE (“ARV”): THREE (3) GRAND PRIZE WINNERS: Each winner will receive: 50,000 American Airlines miles for winner, 50,000 American Airlines miles for winner’s friend, provided by Prize Provider, and a $500 Gift Certificate to independent restaurant of winner’s choice (provider by Sponsor). The value of each prize package is: $3,450.00. Maximum value of all prizes: $10,350.00. Prizes are not redeemable for cash and are non-transferable. Gift certificate may not be returned or redeemed for cash. No credit or cash given for unused portion. Gift certificate will not be replaced if lost or stolen. No substitution for prize is permitted except if a prize portion is unavailable, in which case a prize of equal or greater value will be awarded. All taxes, fees, federal, state, local or other expenses relating to the use, acceptance and possession of prize are each winner’s sole responsibility.
If AAdvantage® miles are redeemed for air transportation, the following additional terms and conditions apply. Winner is responsible for the full cost of transportation to and from their departure and arrival city. Winner is responsible for any and all applicable fees, service charges, surcharges or passenger facility charges and all insurance costs, federal, state, local and foreign taxes, if any, gratuities, meals, incidentals and any other unspecified expenses associated with acceptance or use of the Grand Prize. AAdvantage® flight awards are subject to, and the Sponsor will be responsible for, the September 11th Security Fee of $5.60 per one-way trip, per passenger, applicable departure taxes, federal inspection fees, passenger facility charges of up to $18.00, depending on itinerary, and any other taxes and fees imposed by a government entity (U.S. or foreign) of up to $240 based on destination; total may vary slightly based upon currency exchange rate at time of purchase, as well as any fees or surcharges (including fuel surcharges) imposed by the carrier. U.S. government excise tax is a user tax to pay for airport construction and airway safety and operations. If ticketing is less than 21 days prior to departure, Sponsor will be responsible for a $75.00 expedite charge will apply (waived for AAdvantage® Executive Platinum, AAdvantage® Platinum and AAdvantage® Gold members using miles from their account). The Sponsor will also be responsible for a ticketing service charge of up to $40.00 will apply when ticketing via Reservations, American Airlines Travel Center or an Airport Ticket Office. (The ticketing service charge is waived for involuntary changes, reissued tickets, AAdvantage® award tickets issued within 21 days of travel and an expedite charge has been collected, AAirpass® tickets, Government/military fare tickets, and prepaid tickets.) Some of these taxes, fees and other amounts may be due upon booking/ticketing the AAdvantage® award travel.
American Airlines AAdvantage® miles will be credited to the AAdvantage® account of Winner or may be provided in the form of a Certificate as set forth below, who must provide a valid AAdvantage® membership number in order to receive the mileage credit. American Airlines AAdvantage® miles awarded in this Contest will not count toward elite status qualification, AAdvantage Million Milersm status or any other promotional benefit that American Airlines may offer in the AAdvantage® program. Winners who are not AAdvantage® members may join at no cost online at www.aa.com and click on AAdvantage® or by calling the AAdvantage® membership desk at 1-800-882-8880. The credited miles may thereafter be redeemed in any manner consistent with the AAdvantage® program Terms and Conditions, which are subject to change at any time without notice and can be found at www.aa.com/aadvantage when you click on Program Details and then click on AAdvantage® Terms and Conditions. Determination of income tax liability on AAdvantage® travel awards is the responsibility of the Winner. American Airlines may, among other things, (i) withdraw, limit, modify, or cancel any award; (ii) change program benefits, mileage levels, participant affiliations, conditions of participation, rules for earning, redeeming, retaining or forfeiting mileage credit, or rules for the use of travel awards; or (iii) add travel embargo dates, limit the number of seats available for award travel (including, but not limited to, allocating no seats on certain flights) or otherwise restrict the continued availability of travel awards or special offers. American Airlines reserves the right to change the AAdvantage® program and its terms and conditions at any time without notice, and to end the AAdvantage® program with six months notice. American Airlines may make any one or more of these changes at any time even though such changes may affect your ability to use the mileage credit or awards that you have already accumulated. AAdvantage® travel awards, accrued mileage credits and special offers are subject to government regulations. American Airlines is not responsible for products and services offered by other participating companies. For complete AAdvantage® program details, visit www.aa.com/aadvantage.
Neither Sponsor nor American Airlines or its Airline Associates are liable for any expense incurred as a consequence of a flight cancellation or flight delay. Travel is subject to availability and certain other restrictions, which are subject to change in the sole discretion of Sponsor. Flight schedules subject to change without notice. If AAdvantage® miles are sent to the Winner in the form of a Certificate: Certificate is not redeemable for cash. Certificate may not be transferred, purchased, sold or bartered. Only original Certificates will be honored. Certificate is void if reproduced, altered, counterfeited, obtained or used improperly. Lost, stolen, damaged or destroyed Certificates will not be replaced by American Airlines. Determination of income tax liability on mileage Certificates and AAdvantage® travel awards is the responsibility of the holder. The holder of the Certificate has only the limited right to surrender same to American Airlines in accordance with rules and conditions stated herein for crediting of mileage by American Airlines and subject to all AAdvantage® Terms and Conditions. Certificate must be deposited online at www.depositAAmiles.com to the AAdvantage® account of Winner. Mileage credit can be deposited only once on or before the expiration date. AAdvantage® travel awards, accrued mileage credits and special offers are subject to government regulations. For complete deposit AAmiles program details, visit www.depositAAmiles.com. For complete AAdvantage® program details, visit www.aa.com/aadvantage.
SPECIAL CAUTION: COVID-19: Each winner understands and agrees that travel is inherently dangerous due to the COVID-19/Coronavirus pandemic which is a highly contagious and communicable disease; and, to the fullest extent permitted by law, each assumes all risks of illness or injury which may arise directly or indirectly, in whole or in part, from prize related travel and activities. Additionally, each winner understands and agrees that, in response to economic and/or social conditions caused by COVID-19/Coronavirus, Sponsor and/or prize provider may be compelled to cancel the trip and/or the Sweepstakes with little (if any) advanced notice.
CONSENT AND RELEASE: To the fullest extent possible in law, Entrants, on behalf of themselves and on behalf of their respective heirs, executors, administrators, legal representatives, successors and assigns (“Releasing Parties”), release, defend and hold harmless the Sweepstakes Entities from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive or exemplary damages, judgments, extent, executions, claims and demands whatsoever, in law, admiralty or equity, whether known or unknown, foreseen or unforeseen, against Released Parties which any one or more of the Releasing Parties ever had, now have or hereafter can, shall or may have which in any way arise out of or result from Entrant’s participation, acceptance and use or misuse of prize (if Entrant is determined a Winner). The 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 prizes. In the event Sponsor is prevented from continuing with the Sweepstakes as contemplated herein by any event beyond its control, or otherwise, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state, or local government law, order, or regulation, or order of any court, or other cause, Sponsor shall have the right to modify, suspend or terminate the Sweepstakes. Furthermore, the Sponsor reserves the right to terminate the Sweepstakes if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Sweepstakes), and to determine the Winners from among all eligible Entries received prior to termination. Entrants assume all liability for any injury, including death or damage caused or claimed to be caused, by participation in this Sweepstakes or use or redemption of the prize (if Entrant is determined to be a Winner).
By participating in this Sweepstakes, each Entrant expressively waives and relinquishes all rights and benefits afforded by California Civil Code 1542 and does so understanding and acknowledging the significance of this waiver. Section 1542 states as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DID NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN, BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR THE RELEASED PARTIES.”
ARBITRATION: This Sweepstakes shall be governed by and interpreted under the laws of the State of New York, U.S.A. without regard to conflicts of law provisions. Entrants hereby agrees that any and all disputes, claims, causes of action, or controversies (“Claims”) arising out of or in connection with this Sweepstakes shall be resolved, upon the election by Entrant or Sponsor, by arbitration pursuant to this provision and the code of procedures of either the National Arbitration Forum (“NAF”) or the American Arbitration Association (“AAA”), as mutually agreed upon by both parties. IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, NEITHER SPONSOR NOR ENTRANT WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT ENTRANT WOULD HAVE IF ENTRANT WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS SWEEPSTAKES. ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. The arbitrator’s authority to resolve Claims is limited to Claims between Sponsor and Entrant alone, and the arbitrator’s authority to make awards is limited to awards to Sponsor and Entrant alone. Furthermore, claims brought by either party against the other may not be joined or consolidated in arbitration with Claims brought by or against any third party, unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
The Sponsor is not responsible for (i) 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 website or any combination thereof; (iii) any injury or damage to Entrant’s or any other person’s computer related to or resulting from participating in the Sweepstakes, or (iv) the failure of any third party to comply with the instructions and proper administration of this Sweepstakes. By participating in the Sweepstakes, Entrants (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. Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or web site or violates these Official Rules. LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL & 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.
WINNERS’ LIST: For a list of Winners (available after September 30, 2021) send a stamped, self-addressed envelope (postage not required for Vermont residents) by September 30, 2021 to: James Beard Foundation Fly and Dine Sweepstakes Winners List, c/o Ventura Associates LLC, 494 Eighth Avenue, Suite 1700 (Attn.: DE/JBFD6844), New York, NY 10001.
SPONSOR: The James Beard Foundation (a non-profit organization), 34 West 15th Street, New York, NY 10011.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram or any other social media platform. Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor or Administrator, and not to Instagram.
© 2021 Ventura Associates International LLC