Gannett Media – 2020 Flavored Nation State Dish Showdown Sweepstakes

NO PURCHASE NECESSARY TO ENTER OR TO WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY.SWEEPSTAKES PERIODThe 2020 Flavored Nation State Dish Showdown Sweepstakes (the “Sweepstakes”) begins at 12:01 a.m. Eastern Time (“ET”) on March 1, 2020 and ends at 11:59 p.m. ET on March 31, 2020 (the “Sweepstakes Period”).SPONSORGannett Media Corp., 175 Sully’s Trail, Pittsford, New York 14534 (“Gannett” or the “Sponsor”)SWEEPSTAKES ADMINISTRATORSecond Street Media, 317 N. 11th Street, Suite 302, St. Louis, Missouri 63101.ELIGIBILITYThe Sweepstakes is open only to persons who are legal residents and physically reside within the United States of America who are eighteen (18) years of age or older at the time of entry (each, the “Entrant”, or, collectively, the “Entrants”). Employees, contractors or interns of Gannett, Second Street Media and Flavored Nation, and each of their respective divisions, affiliates, parent companies, subsidiaries, advertising and promotion agencies (including, in each case, immediate family members) are not eligible to enter the Sweepstakes. For purposes of this Sweepstakes, “immediate family members” is defined as spouses, siblings, parents, children, grandparents and grandchildren, whether as “in-laws”, or by current or past marriage, remarriage, adoption, co-habitation or other familial extension, and any other persons residing at the same household location, whether or not related.The voting portion of this promotion will be available to persons at least thirteen (13) years of age and less than eighteen (18) years of age only, and such persons will not be eligible to win a prize in the Sweepstakes.In order to enter the Sweepstakes or win the prize, the Entrant must comply fully with these Official Rules (the “Rules”), and by entering agrees to be bound by these Rules and the decisions of Gannett, whose decisions shall be binding and final in all respects.HOW TO ENTER THE SWEEPSTAKES AND RULES1. The Entrant should log on to the Flavored Nation website at www.flavorednation.com/showdown (the “Website”), choose a state and vote for or write in an iconic dish on the state ballot as detailed on the Website, complete the requested registration information and read and electronically agree to these Rules (each, the “Entry”, or, collectively, the “Entries”). By submitting the Entry, the Entrant is affirming his/her agreement to these Rules.2. Each Entrant is allowed one (1) Entry per day per state during the Sweepstakes Period. All Entries that are in excess of the stated limits may be disqualified from the Sweepstakes at Gannett’s sole and absolute discretion. Gannett reserves the right to void all Entries made through any robotic, automatic, mechanically programmed or similar entry duplication method and to disqualify any Entrant using such methods. Any questions regarding the number of Entries submitted shall be determined by the Sweepstakes Administrator in its sole discretion.3. Gannett shall have the right, at any time and in its sole discretion, to immediately disqualify any Entrant if Gannett determines or suspects that the Entrant has attempted to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, tampering or other fraudulent, deceptive, or unfair playing practices.4. Any attempt to enter this Sweepstakes by using different email addresses, usernames, identities, or otherwise may disqualify such Entrant and may void all Entries made by such Entrant. Entrants may use only one (1) e-mail address in this Sweepstakes. Multiple participants in this Sweepstakes are not allowed to share an e-mail address.5. Online entry is the only way to enter this Sweepstakes. Entries for the Sweepstakes will not be accepted through e-mail, facsimile, postal mail, express delivery service or hand-delivery to the offices of the Sponsor.6. Gannett is not responsible for late, lost, tampered with, deleted or misdirected Entries that are not timely received or are lost due to computer or electronic malfunctions or other error. Assurance of delivery of the Entry is the sole responsibility of the Entrant.SELECTION OF THE WINNER; RANDOM DRAWING 1. One (1) winner will be selected (the “Winner”) by the Sweepstakes Administrator in a random prize drawing (the “Drawing”) from all Entries received by 11:59 p.m. ET on March 31, 2020 (the “Entry Deadline”). The sole determinant of time for the purposes of receipt of a valid Entry in this Sweepstakes will be the Sweepstakes Administrator’s clock.2. The Drawing will be held on or about April 6, 2020.3. The decisions of the Sweepstakes Administrator, along with the Sponsor’s, as to the administration and operation of the Sweepstakes and the selection of the potential Winner is final and binding in all matters related to the Sweepstakes. The selected Winner is deemed the “potential Winner” pending verification of his/her eligibility and compliance with these Rules.ODDS OF WINNINGOdds of winning depend on the number of eligible Entries received by the Entry Deadline.NOTIFICATION OF THE WINNER The potential Winner will be notified within three (3) business days after the Drawing in accordance with the contact information supplied by the Entrant at the time of entry (“Prize Notification”). Prize Notification is deemed to have occurred immediately upon the placing of a phone call or sending of an e-mail or any other form of communication Gannett may use to contact a potential Winner. Gannett is not obligated to leave a voice mail or any other type of message. If a potential Winner does not respond to the Prize Notification within five (5) business days after the Prize Notification, Gannett may select an alternate winner in a random drawing from all remaining eligible Entries. Gannett reserves the right to modify the notification procedures in connection with the selection of any alternate potential Winner, if any.REQUIRED DOCUMENTATIONThe potential Winner must sign and have notarized an Affidavit of Eligibility, Liability and Publicity Release (the “Affidavit”), as well as any other documentation required by Gannett in its sole discretion, within three (3) business days following the date of first attempted notification regarding the documentation in order to be eligible to accept the prize. Failure to sign and return to Gannett such forms within the requisite timeframe may result in disqualification, and an alternate winner may be selected in a random drawing from all remaining eligible Entries.The potential Winner is subject to verification and the potential Winner’s full compliance with these Rules before any prize will be awarded.PRIZE PACKAGEThe Winner will be awarded the Flavored Nation prize package described below. Further details on this package will be provided to the Winner at the time the prize is awarded by Gannett.1. Two (2) weekend tickets to a 2020 Flavored Nation event (the “Event”); the location and date of which will be announced after the Sweepstakes Period. The approximate retail value (“ARV”) of each Event ticket is $110.00;2. Two (2) vouchers for unlimited food and drink samples at the Event. The ARV of each voucher is $150.00;3. Two (2) round-trip coach-class airplane tickets for the Winner and the guest of the Winner from a major commercial airport near the Winner’s home to an airport near the location of the Event. If the Winner resides within 250 miles of the Event, airfare will not be provided, and Gannett will provide $500.00 to be used for travel expenses. The ARV of the airplane tickets is $700.00 (based on industry average);4. Three (3) nights of standard hotel room accommodations (one-room, double–occupancy) at a hotel on or near the Event selected by Gannett in its sole discretion, based on availability. The ARV of these accommodations is $750.00 (based on industry average); and5. $2,500 in VISA, AMEX or similar gift cards (collectively, the “Gift Cards”). The Gift Cards will be provided to the Winner in-person on the first day of the Event.PRIZE PACKAGE CONDITIONS1. The actual retail value of the prize package chosen by and awarded to the Winner may vary depending on the Winner’s residence, market conditions, date/time of arrival, changes in value of components (e.g. air transportation and hotel rates) and other reasons. Gannett is not responsible for and the Winner will not receive the difference between the actual value of the prize package at the time of award and the stated ARV.2. The prize package does not include ground transportation between the Winner’s residence and major gateway airport, upgrades, travel insurance, meals, in-room charges (e.g. mini-bar, movies), alcoholic beverages, telephone calls, merchandise, souvenirs, personal expenses, laundry service, spa treatments, tips and gratuities, incidental charges, parking or any other item not specifically described in these Rules, and all expenses for any of the foregoing are the responsibility of the Winner.3. Air travel is subject to restrictions. The Winner and the guest of the Winner must travel on the same itinerary, including departure date and return date, and travel must be roundtrip. Prize travel is subject to capacity controls, availability, weather, seasonal influences, and certain other restrictions, all of which are subject to change and outside the control of Gannett. The Winner and the guest of the Winner are solely responsible for determining and obtaining, at his/her own expense, required travel documents. Certain travel and security restrictions may apply and it is the responsibility of the Winner and the guest of the Winner to comply with all travel, security and other laws, regulations, and airline passenger rules that apply to them. Gannett is not responsible for airline cancellations, blackout dates, delays, diversions or substitutions and no refund or compensation will be awarded in any such event. All airline tickets issued in conjunction with the prize package are not eligible for upgrades, frequent flyer miles or any other promotional benefit.4. No changes will be made to travel details once any element(s) of the travel arrangements have been booked, except at Gannett’s sole discretion.5. Winner may be required to provide a major credit card upon hotel check-in or prior thereto and all in-room charges will be charged to the credit card. Any damage to the room, and/or any other venue related to the prize, attributed to the Winner and/or his/her guest will be the responsibility of the Winner. Gannett is not responsible for the availability or proper functioning of any hotel feature or amenity and no credit or compensation will be awarded by Gannett with respect thereto.6. Minor children may accompany the Winner as the guest only if the minor’s parent or legal guardian is the Winner. Minors must be accompanied at all times during the trip (including, but not limited to, in-flight, hotel stay and all prize-related events) by minor’s parent or legal guardian.7. Gannett is not responsible if all or any portion of the prize package is delayed, postponed or cancelled for any reason, in which event that portion of the prize package is forfeited in its entirety and no substitution will be provided, except in Gannett’s sole discretion.8. If the Winner elects to partake in the prize package with no guest, the prize will be awarded to the Winner, and any remainder of the prize package will be forfeited and shall not be subject to further or alternative compensation.9. Gannett is not responsible or liable in any manner if the Winner or any guest of the Winner are unable to accept or use all or any portion of the prize package due to failure to qualify or comply with these Rules or any law, regulation or other rules that apply to acceptance, receipt or use of the prize package.10. The prize package cannot be transferred or substituted, except in Gannett’s sole discretion. Gannett reserves the right to substitute prizes of equal or greater value should the featured prize, or any elements thereof, become unavailable.11. Prize package components may not be separated.12. The prize has no cash value and may not be redeemed for cash at any time.13. No compensation will be given for lost, stolen, mutilated or expired tickets or vouchers (collectively, the “Tickets”) Gannett is not responsible for replacing lost, stolen, mutilated or expired Tickets. Fulfillment of the Tickets is the sole responsibility of the venue, not Gannett. The Tickets must be surrendered upon redemption and no photocopies or reproductions will be honored. If a Winner or a guest of the Winner is caught scalping Tickets, he or she will be ejected from the venue and this will result in the Winner’s disqualification from this and all future Gannett sweepstakes and contests. The resale or auction of Gannett prizes or Tickets will result in the Winner’s disqualification from all future Gannett sweepstakes and contests.14. No compensation will be given for lost, stolen, mutilated or expired gift cards. Gannett is not responsible for replacing lost, stolen, mutilated or expired gift cards. Fulfillment of gift cards is the sole responsibility of the merchant, not Gannett, and is only redeemable at the specified locations. The gift card must be surrendered upon redemption and no photocopies or reproductions will be honored. All gift cards are subject to the terms and conditions regarding use, loss, theft, and redemption and all other terms and conditions established by the merchant providing that gift card. Any questions or issues regarding gift cards must be directed to the merchant customer service center, and will be handled exclusively by the merchant. All transactions, disputes, questions, and all other aspects of the relationship between any prize winner and merchant are solely the responsibility of the prize winner and merchant, and Gannett and each of its affiliates have no responsibility for any such matters. Gannett has not made and Gannett is not responsible in any manner for any warranties, representations or guarantees, express or implied, in fact or law, relating to the gift cards, regarding the use, value or enjoyment of the gift cards, including, without limitation, merchantability or fitness for a particular purpose.TAXESAll local, state and federal taxes incurred by accepting a prize will be the sole responsibility of the prize winner. Any person winning over $600 in prizes during any one (1) year period will receive an IRS Form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS.PRIVACYIn connection with this Sweepstakes entry process, Sponsor will be collecting personal data about Entrants on the Website in accordance with its privacy policy (the “Policy”). Please review this Policy. By participating in this Sweepstakes, the Entrant hereby agrees to Sponsor’s collection and usage of the Entrant’s personal information and the Entrant acknowledges that he/she has read and accepted the Policy. When an Entrant enters at the Website, he/she may be asked to consent to receive promotional emails and reminders for upcoming promotions and information about Sponsor and its publications. Consenting to receive such emails is optional and does not have to be agreed to in order to be eligible to enter this Sweepstakes and does not improve the Entrant’s chances of winning. Except where prohibited, participation in the Sweepstakes constitutes the Entrant’s consent to Sponsor’s use of the Entrant’s name, likeness, entry, and state of residence for promotional purposes in any media without further payment or consideration to the Entrant, unless prohibited by law.INTERNET1. It is each Entrant’s responsibility to enter in the appropriate manner. Each Entrant is responsible for all costs or charges involved in accessing the Website and warrants that the cost of accessing the Website, if any, is part of a larger agreement with an Internet Service Provider or some other means, and that the cost of this access is not an incremental cost.2. If for any reason the internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Gannett which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Gannett 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. Gannett assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft, or destruction or unauthorized access to, or alteration of Entries.3. Gannett is not responsible for lost, misdirected, illegible, damaged or undelivered Entries. Gannett is not responsible for any problems or technical malfunctions of any telephone network or lines, computer online systems, services or providers, computer equipment, software, failure of any email or entry to be received due to technical problems or traffic congestion on the internet or at any website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer related to or resulting from participation or downloading of any material in this Sweepstakes. CAUTION: Any attempt by an Entrant to deliberately damage any website or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws and should such an attempt be made, Gannett reserves the right to seek damages from any such person to the fullest extent permitted by law.4. In the event of a dispute, Entries made by Internet will be declared made 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, online 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.5. Automated entries are prohibited, and any use of such devices will cause disqualification.WAIVERS, DISCLAIMERS AND RELEASESBy participating in this Sweepstakes, an Entrant agrees to release, discharge and hold harmless Gannett, and each of its divisions, affiliates, parent companies, subsidiaries, advertising and promotion agencies and their respec¬tive directors, officers, employees and agents (the “Sweepstakes Entities”) from and against any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to the Entrant’s participation in this Sweepstakes and/or related to any prize (including, without limitation, losses, damages or injuries to Entrant’s or any other person’s equipment or other property, or to their persons, related to participation in this Sweepstakes; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or prize). Without limiting the generality of the foregoing, the Entrant agrees that the Sweepstakes Entities: (a) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with any Sweepstakes and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose; (b) maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, manufacturer or other person or entity furnishing services, products or accommodations (“Suppliers”) as a part of the prizes provided in connection with any Sweepstakes; and (c) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (1) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (2) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (3) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Sweepstakes Entities, and (4) by any cause, condition or event whatsoever beyond the control of the Sweepstakes Entities. Entrant agrees that the Sweepstakes Entities shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by the Sponsor; interruption or inability to access the Website, or Sponsor or affiliated entities’ respective websites, or any online service via the Internet due to hardware or software compatibility problems; any damage to Entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of a Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Sweepstakes Entities. Each Entrant further agrees to indemnify and hold harmless Sweepstakes Entities from and against any and all liability resulting or arising from any Sweepstakes and to release all rights to bring any claim, action or proceeding against Sweepstakes Entities and hereby acknowledge that Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a Supplier that may be sent along with a prize. Sponsor is not responsible for the actions of Entrants in connection with any Sweepstakes, including the Entrant’s attempts to circumvent the Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of this Sweepstakes.MISCELLANEOUS1. The invalidity or unenforceability of any provision of these Rules or the Affidavit will not affect the validity or enforceability of any other provision. In the event that any provision of the Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of the Rules will not constitute a waiver of that provision. When terms such as “may” are used in the Rules, Sponsor has sole and absolute discretion. Entrants agree to waive any rights to claim ambiguity of the Rules.2. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.3. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on the Website and/or the terms and conditions of the Rules, the Rules shall prevail, govern and control and the discrepancy will be resolved in the Sponsor’s sole and absolute discretion.4. This Sweepstakes is not intended for gambling. If it is determined that an Entrant is using the Sweepstakes for gambling purposes, he/she will be disqualified and reported to authorities.5. The Sponsor will not be responsible for typographical, printing or other inadvertent errors in these Rules or in other materials relating to the Sweepstakes.6. Gannett reserves the right to change, alter, or amend these Rules as necessary, in its sole discretion, to ensure the fair administration of the Sweepstakes or to comply with applicable law.7. Any and all decisions of Gannett regarding the Sweepstakes are final.8. This Sweepstakes and these Rules will be governed by the laws of the State of New York whose courts shall have exclusive jurisdiction in the event that any dispute arises regarding the Sweepstakes or any of the prizes.NAMES OF WINNERSTo obtain the names of the winners, contact Flavored Nation at flavorednation@gatehouselive.com.QUESTIONSAny questions on this Sweepstakes should be directed to Flavored Nation at flavorednation@gatehouselive.com.