NO PURCHASE OR DOWNLOAD OF APP NECESSARY TO ENTER OR WIN.
A PURCHASE OR APP DOWNLOAD WILL NOT IMPROVE YOUR CHANCES OF WINNING.
Eligibility: The FOOD & WINE Digital Storefront Giveaway (“Giveaway”) is open to individuals who are: legal residents of the 50 United States and the District of Columbia age 18 or older at time of entry. Employees of American Express Publishing Corporation (the “Sponsor”), and its parent company, subsidiaries, affiliates, advertising and promotion agencies, retailers, distributors (collectively, “Giveaway Entities”), and their immediate family members and/or those living in the same household of each are not eligible to enter or win. Giveaway governed by U.S. law. Giveaway is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. Sponsor: American Express Publishing Corporation, 1120 Avenue of the Americas, New York, NY 10036.
How to Enter: There are two ways to enter. Entry Method #1: Click on the link in your email or here and follow all instructions to download the “FOOD & WINE” app from the iTunes® store. Once the app is downloaded successfully, click on “I’m just browsing” on the welcome screen. In the store, download the free preview issue of FOOD & WINE; click on its cover to access the entry page to complete and submit your entry (“online entry[ies]”). All online entries must be received between 12:00 AM, Eastern Time ("ET") on July 29, 2013 and 11:59 PM ET on December 31, 2013 (the "Giveaway Entry Period"). Entry materials that have been tampered with or altered are void. Limit: One (1) online entry per person/email address per day. In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the authorized account holder of the e-mail address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Entry Method #2: To enter without downloading the app, mail a postcard hand-printed with your name, mailing address, daytime phone number and email address to: American Express Publishing Corporation, Attn.: FOOD & WINE Digital Storefront Giveaway Entry, 1120 Ave of the Americas, 11th Floor, New York, NY 10036 (“mail-in entry[ies]”). Mail-in entries must be postmarked between July 29, 2013 and December 31, 2013 and received by January 7, 2014. Each postcard must be mailed separately. Limit: One (1) mail-in entry per day. Photocopied, illegible, or mechanically reproduced entries are not eligible. Sponsor is not responsible for lost, late, damaged, misdirected or postage due mail. All entries and requests become the property of Sponsor and will not be acknowledged or returned.
Prizes and their Approximate Retail Values (“ARV”): One (1) Grand Prize winner will receive a $500 Apple® gift card plus a one-year digital subscription to FOOD & WINE (ARV: $519.99) Apple® gift card terms and conditions apply. No cash given for unused portion of gift card. Sponsor is not responsible if gift card is stolen, lost, or used without permission. Ten (10) Runners-up winners will each receive a one-year digital subscription to FOOD & WINE (ARV: $19.99 each prize). Maximum value of all prizes: $719.89. Odds of winning depend on number of eligible entries received during the Giveaway Entry Period.
Selection of Winners: Winners will be determined in a random drawing from all eligible entries received on or about January 8, 2014 conducted by an independent judging organization (“judges”) whose decisions are final and binding in all matters relating to this Giveaway. Winners will be notified by e-mail and/or mail and/or phone on or about January 9, 2014 and will be given instructions on how to claim the corresponding Prize. If a potential prize winner does not respond to the winner notification (notification will be attempted three (3) times over a ten (10) day period), or if said notification is returned as undeliverable, or if an entrant is otherwise found to be ineligible, or if the selected winner cannot accept or receive the prize for any reason, the potential prize winner will forfeit the prize and an alternate winner will be selected. The Sponsor reserves the right to modify the notification procedures in connection with the selection of an alternate winner, if any. Prizes awarded within thirty (30) days of winner verification. Prizes are non-transferable and no substitution by any winner is allowed. Sponsor reserves the right to substitute a prize of equal or greater value at its sole discretion. All fees, federal, state, local and income taxes or other expenses relating to the use, acceptance and possession of Prize are the sole responsibility of the winners. Entry and acceptance of a prize constitutes permission (except where prohibited by law) to use each winner's name, prize won, hometown and likeness for online posting and promotional purposes without further compensation. Limit: One prize per person or household.
General: Entrants agree to these Official Rules and the decisions of the judges and the Sponsor, and on their behalf, and on behalf of their respective heirs, executors, administrators, legal representatives, successors and assigns (“Releasing Parties”), release, defend and hold harmless the Giveaway Entities, as well as the employees, officers, directors and agents of each (“Released Parties”), 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. In the event Sponsor is prevented from continuing with the Giveaway as contemplated herein by any event beyond its control, including but not limited to fire, flood, hurricane, 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 not within Sponsor’s control or concerns regarding the safety of any winner, Sponsor shall have the right to modify, suspend, extend or terminate the Giveaway. Entrants assume all liability for any injury, including death or damage caused or claimed to be caused, by participation in this Giveaway or use or redemption of any prize. This Giveaway shall be governed by and interpreted under the laws of the State of New York, U.S.A. without regard to its conflicts of laws provisions. Entrants hereby agree that any and all disputes, claims, causes of action, or controversies (“Claims”) arising out of or in connection with this Giveaway 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 selected by the entrant. 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. 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. Notwithstanding any other provision in this Agreement and without waiving either party’s right to appeal such decision, should any portion of this provision be deemed invalid or unenforceable, then the entire provision (other than this sentence) shall not apply. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Giveaway or in the announcement of prize. The winner acknowledges that the Sponsor and all other businesses concerned with this Giveaway and their agents do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative the quality, conditions, fitness or merchantability of any aspect of the prize. 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 Sponsor is not responsible for: (i) lost, late, misdirected, damaged, or illegible entries; (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; (iii) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in the Giveaway, or (iv) the failure of any third party to comply with the instructions and proper administration of this Giveaway. By participating in the Giveaway, 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 independent judging organization, which are final and binding in all matters relating to the Giveaway. Failure to comply with these Official Rules may result in disqualification from the Giveaway. Sponsor reserves the right to: permanently disqualify from any Giveaway it sponsors any person it believes has intentionally violated these Official Rules; and terminate the Giveaway or the online portion of the Giveaway if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Giveaway), or to select winners from among all eligible entries received prior to termination. LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY INTERFERE WITH THE OPERATION OF THE GIVEAWAY, 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 the names of the winners (available after March 8, 2014) send a stamped, self-addressed envelope (postage not required for Vermont residents) by May 8, 2014 to: American Express Publishing Corporation, Attn.: FOOD & WINE Digital Storefront Giveaway Winners, 1120 Ave of the Americas, 11th Floor, New York, NY 10036.
Privacy: By entering, the information entrants provide may be shared with promotional partners identified in this promotion as well as other select business partners to provide entrants with offers that may be of interest. To learn more about the ways Sponsor may use and share your information and about your privacy choices, read the AEP Privacy Statement at www.amexpub.com/privacy.
Apple® and iPad® are registered trademarks. Apple® and its affiliates and subsidiaries are not responsible for the promotion, administration or execution of this Giveaway.