Official Rules for the State of New York State Energy Research and Development Authority’s Cookware Giveaway
NO PURCHASE NECESSARY TO WIN. A PURCHASE DOES NOT INCREASE THE ENTRANT’S CHANCE OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED. By submitting an entry to the Cookware Giveaway, the Entrant is agreeing to be bound by the following legal terms.
1. The Cookware Giveaway (the "Contest") will begin on August 23, 2023, and conclude on September 4, 2023. Entries will be accepted daily from 3:30 p.m. until 4:30 p.m. EST at the NYSERDA Induction Cooking Demonstration in the Wegman’s Test Kitchen. The Contest is sponsored by the New York State Energy Research and Development Authority (“Sponsor”). Multiple entries are permitted. Participation is subject to all federal, state and local laws and regulations. Void where prohibited or restricted by law. Entrant is responsible for checking applicable laws in Entrant’s jurisdiction before participating in the Contest to make sure that the Entrant’s participation is legal and to ensure that the Entrant complies with all relevant laws.
2. ELIGIBILITY: If the Entrant is under the age of 18, a parent or guardian must read and agree to these terms before the Entrant submits an Entry, as defined below in Section 3. Employees of the Sponsor are not eligible to participate in the Contest: The Contest is subject to all applicable United States federal, state and local laws and regulations. Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsors’ decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
3. HOW TO ENTER: To enter: Visit the NYSERDA Induction Cooking Demonstration at the New York State Fair Wegman’s Test Kitchen in the Arts & Home Center building. Complete the required information on the entry form and submit at the Wegman’s Test Kitchen counter.
4. WINNER SELECTION: All complete and eligible entrants will be put into a raffle and one winner will be picked at random no later than 4:30 p.m. EST daily from August 23, 2023 through September 4, 2023. THE POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSORS WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. Potential winner will be notified live at the daily demonstration of being selected by raffle. In the event of disqualification of the potential winner, the prize will be forfeited by that potential winner. The Sponsor is not responsible for notifications that are beyond the control of the Sponsor. If such potential winner is not in attendance of the demonstration, is ineligible, or if the potential winner otherwise fails to fully comply with these Official Rules, Sponsors may award the applicable prize to an alternate winner.
5. THE PRIZE: A piece of cookware. No cash in lieu of prize. No substitution of prizes is permitted except by Sponsors. Prize is not assignable or transferable. Limit one prize per person. If Winner cannot participate for any reason, Winner will forfeit the prize and the Sponsor may, at its option and in its sole discretion, select an alternate winner or the prize may not be awarded. The Prize subject to change and shall be determined by the Sponsor in its sole discretion.
There is no Approximate Retail Value (ARV) of the Winning Prize. Any difference between stated value and actual value will not be awarded. Certain restrictions, as determined by the Sponsor, may apply. All specifics of the event will be at Sponsor’s discretion. If Winner cannot comply with these restrictions or any other portion of these Official Rules, the prize will be forfeited in its entirety and an alternate Winner will be chosen. All costs and expenses associated with prize acceptance and use not listed herein as part of the prize including, without limitation are the sole responsibility of Winner. Winner is responsible for pickup and maintenance of the cookware. Prizes must be picked up the day of the demonstration. Any prizes not collected at the end of the day will be forfeited.
All federal, state and local income taxes on prize and gratuities are solely the responsibility of the Prize Winner. Payments to potential Prize Winner are subject to the express requirement that they submit to the Sponsor all documentation requested by the Sponsor in compliance with all applicable state, federal and local tax reporting and withholding guidelines. All Prizes will be net of taxes Sponsor are required by law to withhold. The Prize Winner is responsible for ensuring that they comply with all the applicable tax laws and filing requirements. If the Prize Winner fails to provide such documentation or comply with such laws, the prize may be forfeited and the Sponsor may, in its sole discretion, select an alternative potential Prize Winner.
6. OTHER THINGS TO KNOW: Entry Conditions and Release: By entering, each Contestant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor, which are binding and final in all matters relating to this Contest; (b) release and hold harmless the Sponsor, and their respect parent, subsidiary, and affiliated entities, the prize suppliers, and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a Contestant’s entry, creation of an entry or submission of an entry, participation in the Contest, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, transmission, performance, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Sponsor from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to a Contestant’s participation in the Contest and/or Contestant’s acceptance, use or misuse of prize.
Publicity: Except where prohibited, participation in the Contest constitutes finalists’ and winner’s consent to Sponsor’s and its agents’ use of finalists’ and winner’s names, and/or hometown and state for promotional purpose on the Sponsor’s social media channels, without further payment or consideration.
General Conditions: Sponsor reserve the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual or Competitor it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsors reserve the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor is not responsible for, nor is it required to count, incomplete, late, misdirected, damaged, unlawful or illicit votes, including those secured through payment, votes achieved through automated means or by registering more than one e-mail account and name, using another Contestant’s e-mail account and name, as well as those lost for technical reasons or otherwise.
Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or receipt or use of any prize. If for any reason an entrant’s Submission is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another provide another Submission. No more than the stated number of prizes will be awarded.
Disputes: Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, other than those concerning the administration of the Contest or the determination of winners, shall be resolved individually, without resort to any form of class action; (2) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate New York State Court; (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (4) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO THE ENTRANT. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law of conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.