The Experience Rochester “#HaveAHeart” Sweepstakes
OFFICIAL RULES
NO PURCHASE NECESSARY
SWEEPSTAKES DESCRIPTION: Experience Rochester’s “#HaveaHeart” Sweepstakes (the “Sweepstakes”) begins on January 1, 2021 at 12:01 a.m. Eastern Time (“ET”) and ends on February 18, 2021 at 11:59 p.m. ET (the “Sweepstakes Period”). Entry in the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of the Rochester Convention and Visitor’s Bureau dba Experience Rochester, 30 Civic Center Drive SE, Suite 200, Rochester, MN 55904 (“Sponsor”), which shall be final and binding in all respects.
ELIGIBILITY: Sweepstakes is open only to legal United States residents who reside in the forty-eight (48) contiguous United States and are eighteen (18) years of age or older. Additionally, entrant, if selected as the winner, prize selection and usage must occur by December 31, 2022. Employees, officers and directors of Sponsor, Experience Rochester (the “Administrator”) and each of their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies (collectively, the “Sweepstakes Entities”) and the immediate family members, and/or those living in the same household of each, are ineligible to enter the Sweepstakes or win a prize. Sweepstakes is void in Alaska, Hawaii and where prohibited by law.
HOW TO ENTER:
To enter the Sweepstakes: 1) Complete 10 purchased meals from local Rochester, MN restaurants (no minimum purchase amount required), 2) Follow Experience Rochester on Instagram, 3) tag two friends in the comments of any #HaveAHeart Instagram post within Experience Rochester’s Instagram feed, 4) post a minimum of one meal ordered to your Instagram feed tagging both the restaurant username and the Experience Rochester hashtag. You will also be required to submit proof of meals purchased if selected as winner. All steps must be completed to enter and to be eligible to win. Incomplete entries will be disqualified. Limit one (1) entry per person. Proof of entering information at the Website is not considered proof of delivery to or receipt by Sponsor of such entry. Except as contemplated in these Official Rules, personal information collected in connection with this Sweepstakes will be used in accordance with the privacy policy found on the Website.
By entering the Sweepstakes, you understand that you are opting in to receive future offers and marketing messages from the Sponsor. You may opt-out at any time. Opting-out from marketing messages will not decrease your chances of winning.
NOTE: Internet entry must be made by the entrant, only on Instagram. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of any device to automate the entry process is prohibited.
All entries must be received by the end of the Sweepstakes Period in order to participate. The Experience Rochester website database clock will be the official timekeeper for online entries in this Sweepstakes. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. The Sweepstakes Entities shall not be 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 the Sweepstakes or by any technical or human error which may occur in the processing of the entries in the Sweepstakes. The Sweepstakes Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries.
WINNER SELECTION AND NOTIFICATION: At the end of the Sweepstakes Period, one (1) potential prize winner will be randomly selected from all eligible entries received during the Sweepstakes Period. The potential prize winner will be notified by Administrator via direct message on Instagram and tagging within an announcement post on Experience Rochester’s Instagram feed on or about February 20, 2021. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential winner does not respond within seventy-two (72) hours of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. Sponsor, in its sole discretion and time permitting, will attempt to contact up to three (3) potential winners of a prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason prior to award, such potential prize winner will be disqualified and an alternate prize winner may be selected. The odds of winning depend on the number of eligible entries received.
PRIZE/APPROXIMATE RETAIL VALUE:
One (1) Grand Prize is available. The Grand Prize consists of a four front row, VIP tickets to any event and/or live show executed by or at Mayo Civic Center March 1, 2021 – December 31, 2022. The prize also includes a private chef experience for four with the Administrator’s executive chef. The approximate retail value (“ARV”) of the Grand Prize is $3,000.
During sweepstakes period and as a condition of receiving the Grand Prize, the winner MUST be willing to allow sweepstakes content shared on social media accounts (the “Assignment Materials”) to be leveraged by Sponsor for marketing. Sponsor shall have no obligation (express or implied) to use any Assignment Materials, or to otherwise exploit any Assignment Materials or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the Assignment Materials for any reason, with or without legal justification or excuse, and the winner shall not be entitled to any damages or other relief by reason thereof.
The winner’s guest must be eighteen (18) years of age or older, or if the guest is a minor, the winner must be such companion's parent or legal guardian. ARV for grand prizes may vary depending upon show selected, show date and chef menu. Prize winner will not receive cash or any other form of compensation if actual prize costs are less than the prize ARV in these Official Rules. In the event winner and/or his/her guest engages in behavior that (as determined by Sponsor in its sole and absolute discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to withdraw the prize or other applicable experience, in whole or in part. The winner and his/her guest shall be solely responsible for all expenses not specifically set forth herein, including but not limited to gratuities, tips, ground transportation expenses, telephone charges, taxes, incidentals and other personal expenses.
If winner is unable to participate in the prize during the dates designated by Sponsor, the prize will be forfeited in its entirety. In the event the prize winner is able to participate in the prize during the dates designated by Sponsor but any portion of the prize listed in the prize description does not or cannot take place as scheduled or at all, for reasons including but not limited to scheduling conflicts, cancellations, postponement, an event of force majeure, or for any other reason, then the Sponsor reserves the right to award the remainder of the prize with no further obligation to the winner. Excepting the preceding sentence, no cash alternative or prize substitutions will be allowed, except Sponsor reserves the right to substitute prize(s) of comparable value if a prize listed or any portion thereof is unavailable for any reason.
GENERAL PRIZE CONDITIONS: Prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. Any potential winner sign and have notarized an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). If winner fails or refuses to sign and return all Prize Claim Documents within two (2) days of prize notification (or a shorter time if required by exigencies), winner may be disqualified and an alternate winner may be selected. The winner’s guest must sign and return a Liability/Publicity Release prior to travel. In the event the guest is a minor, the Liability/Publicity Release must be signed by such minor’s parent/legal guardian on his/her behalf.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished by third parties in connection with the Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
GENERAL: Acceptance of a prize constitutes prize winner’s permission for Sponsor and its designees to use prize winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation, unless prohibited by law. Entrants agree that the Sweepstakes Entities (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an entrant’s or any other person’s computer system or wireless phone which is occasioned by accessing the Website or otherwise participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. In the event Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select winner in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. These Official Rules cannot be modified or amended in any way except in a written document issued by a duly authorized representative of Sponsor. 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 shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
GOVERNING LAW: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF MINNESOTA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
WINNER’S LIST: Any legally required winner’s list may be obtained by sending a self-addressed, stamped envelope to: Experience Rochester “#HaveAHeart” Sweepstakes Winner, c/o Michael Lee, Jr., 30 Civic Center Drove SE, Rochester, MN 55904. All such requests must be received within six (6) weeks after the end of the Sweepstakes Period.