“Dinner with the Neely’s” Sweepstakes

Official Rules

  1. Important: Please read these Official Rules before entering this Promotion (“Promotion”). By participating in the Promotion, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below.
  2. NO PURCHASE, PAYMENT, OR FINANCIAL CONTRIBUTION OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION.
  3. Void where prohibited. Entry is valid from June 27, 2012 to July 25, 2012. You may enter by visiting http://neelysbbqparlor.com/shop/product-category/raffle-ticket-benefitting-kca/ and donating $3 per raffle ticket. One (1) winner will receive the following prize package: Dinner for Four with Pat and Gina Neely (the “Dinner”) on a date to be determined by Neely’s Barbecue Parlor (approximate retail value $200.00). Odds of winning depend on number of entries received. All email communications, including the email ticket purchase confirmation, will be sent to the email address supplied during the purchase. All proceeds from the raffle will go to the Keep a Child Alive charitable organization. Promotion is open to legal residents of the fifty (50) United States and District of Columbia who are at least twenty-one (21) years of age or older as of the date of entry. Promotion is subject to additional restrictions on eligibility.
  4. TRANSPORTATION DISCLAIMER: The winner and his or her guest(s) are responsible for their own method of transportation to and from Neely’s Barbecue Parlor in connection with the Dinner. Sponsor will determine, in its sole discretion, the date, location, attendees, and all other relevant details of the Dinner.
  5. PROMOTION PERIOD: The Promotion begins at 3:00:01pm Eastern Time (“ET”) on June 27, 2012 and ends at 11:59:59pm ET on July 25, 2012 (the “Promotion Period”). The Sponsor’s computer is the official time keeping device for this Promotion. All donations must be received during the Promotion Period.
  6. ELIGIBILITY: Promotion is open to legal residents of the fifty (50) United States and District of Columbia who are at least twenty-one (21) years of age or older as of the date of entry. Subject to all applicable federal, state, and local laws and regulations. Void where prohibited or restricted by law. To be eligible to win the prize, entries must be completed and received by Sponsor in the format designated herein. Directors, officers and employees of Sponsor and any of their respective affiliated committees, subsidiaries, agents, professional advisors, consultants, advertising and promotional agencies, and immediate families of each are not eligible to win any prizes. All applicable federal, state and local laws and regulations apply.
  7. DISCLAIMER: Sponsor, and its related committees, candidates, affiliates, directors, officers, consultants, professional advisors, employees and agencies (collectively, the “Released Parties”) will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (c) any Promotion disruptions, injuries, losses or damages caused by events beyond the control of Sponsor or by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Promotion.
  8. RESTRICTIONS: Employees of NYC1 LLC (the “Sponsor”), Neely’s Barbecue Parlor, Neely’s BBQ, Pat and Gina Neely, the Food Network, Merchants Hospitality (“collectively, the Promotion Entities”), and their respective subsidiaries and affiliated companies, divisions, parent companies, officers, directors, agents and advertising agencies, as well as members of the immediate family of any such employees, are not eligible to participate and win. The term “immediate family” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related.
  9. HOW TO ENTER AND RULES: During the Promotion Period, you may voluntarily make a donation by visiting http://neelysbbqparlor.com/shop/product-category/raffle-ticket-benefitting-kca/ to receive a raffle ticket. For every $3 donation, the purchaser receives one (1) raffle ticket. There is no limit to the amount donated or the number of raffle tickets received. Purchaser will receive an email ticket purchase confirmation, containing raffle ticket numbers. All email communications, including the email ticket purchase confirmation, will be sent to the email address supplied during the purchase. PURCHASE, PAYMENT OR FINANCIAL CONTRIBUTION WILL NOT INCREASE ODDS OF WINNING. PROMOTION VOID WHERE PROHIBITED. PROMOTION OPEN ONLY TO INDIVIDUAL UNITED STATES CITIZENS AND LAWFUL PERMANENT U.S. RESIDENTS WHO ARE LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES, THE DISTRICT OF COLUMBIA AND PUERTO RICO, AND OVER THE AGE OF 21 (OR THE AGE OF MAJORITY UNDER APPLICABLE LAW). IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN A PRIZE, AND THE SPONSOR (“SPONSOR”) RESERVES THE RIGHT NOT TO AWARD PRIZES TO YOU.
  10. NO PURCHASE IS NECESSARY TO PLAY: If you wish to receive a raffle ticket without making a donation, send a separate, stamped self-addressed envelope to:

    Dinner With The Neely’s Entry Form Requests, c/o Merchants Hospitality Inc
    111 Broadway, Suite 1202, New York, NY 10006
    Att: Kristen Porro

    Requests must be postmarked no later than July 16, 2012 and received no later than July 20, 2012. Requests with insufficient postage will not be filled.

  11. SELECTION OF WINNER: Twenty-Five (25) potential winners will be selected by a random drawing from all eligible entries to be held at the Sponsor’s business on July 26, 2012. Odds of winning depend upon the number of eligible entries received. Winner(s) agree to be bound by these Official Rules and the decisions of the Sponsor, whose decisions are final on all matters relating to this Promotion. Sponsor may, at its option, conduct a background check on each potential winner. Sponsor reserves the right to disqualify any potential winner from receiving any prize based on such background check if Sponsor determines, in its sole discretion that awarding any prize to such potential winner could result in a safety or security risk to any person or persons or could result in the disruption of any event associated with the Promotion. Sponsor will, in its sole discretion, then select one (1) winner from the list of eligible potential winners on the basis of criteria determined and applied by Sponsor. Winner will be notified by phone or e-mail by August 1, 2012. To claim the prize, the winner should follow the instructions and comply with the conditions contained in his or her notification. The winner must then identify potential guests to Sponsor, and Sponsor may, at its option, conduct the same background check and process applicable to potential winners. Sponsor reserves the right to disqualify any potential guest in its sole discretion. In the event that the potential winner does not respond to Sponsor’s attempts to contact them or are otherwise disqualified such that Sponsor is unable to award the prize, Sponsor may select another potential winner by random drawing from remaining eligible entries.
  12. RELEASE FORMS: When applicable, the winner will be notified by telephone, mail, and/or email on or about August 1, 2012 and will be given five (5) days to confirm receipt of notification. Sponsor is not responsible for any change of email address, mailing address, and/or telephone number of participants. If a winner cannot be contacted from the information provided on the online entry form, the Sponsor reserves the right to select another winner at its sole discretion. Winners may be required to complete and return an Affidavit of Eligibility/Liability Release (including, where permitted, a Publicity Release) (the “Affidavit”) within fourteen (14) days of notification. Failure to return the executed Affidavit within the time allowed may result in forfeiture of prize and random selection of alternate winner from remaining eligible entries. Winners may be subject to a verification process, to include winner’s name, address, home phone number, work/cell phone number, and social security number or taxpayer identification number. The Sponsor is not liable if prize notification letter is lost in the mail or email is not responded to within the time allowed.
  13. DELIVERY DISCLAIMER: The Sponsor disclaims all liability for the inability of a participant to complete an online donation due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond their control, or otherwise. The Sponsor disclaims all liability for any delays, misdelivery, loss, or failure in the delivery of any item sent by electronic transmission or other delivery method. The Sponsor is not responsible for human, mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: any form of active or passive filtering, insufficient space in participant’s e-mail account to receive e-mail messages, failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet, or on any website, or lost or unavailable network connections which may limit an online participant’s ability to participate in the Promotion, and any injury or damage to participant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Promotion. No mechanically reproduced entries or facsimiles will be accepted. Entries void if incomplete, defective, altered, forged, illegible, or received outside authorized channels. Sponsor reserves the right at its sole discretion, to disqualify any individual (and all of his or her entries, or any portion thereof) who tampers with the entry process. Sponsor reserves the right, in its sole discretion to cancel or suspend this Promotion should fraud, virus, bugs or other causes beyond the control of Sponsor corrupt the administration, security or proper play of the Promotion. In the event of cancellation, Sponsor will determine winners in an equitable manner as determined by Sponsor.
  14. PUBLICITY; USE OF PERSONAL INFORMATION: By participating, unless prohibited by law, all participants and the winner grant the Sponsor permission to use their names, their entries, biographical information, characters, artwork, voices, and/or likenesses in connection with promotion of this and other Promotions in any and all media now known or hereinafter invented without territorial or time limitations and waive any claims to compensation, royalty, right, or remuneration for such use. By participating in the Promotion, unless prohibited by law, participants agree that the Sponsor may disclose personal information obtained from participants in the Promotion to third parties and use such information for marketing and other purposes. Additionally, except where prohibited by law, entry into the Promotion constitutes permission to use each winner’s name, hometown, likeness and/or prize information, without limitation, for promotional purposes without further permission or compensation. As a condition of being awarded any prize, except where prohibited by law, each winner may be required to execute a consent to the use of his or her name, hometown, likeness and/or prize information, without limitation, for promotional purposes without further permission or compensation.
  15. ODDS OF WINNING AND TAXES: Odds of winning a prize depend on the number and quality of eligible entries received. Any valuation of the prize stated above is based on available information provided to the Sponsor and the value of any prize awarded to a winner will be reported for tax purposes as required by law. Winner is solely responsible for reporting and paying any and all applicable taxes related to the prize and paying any expenses associated with any prize(s) which are not specifically provided for in the Official Rules. Winner must provide the Sponsor with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600.00 in prizes from the Sponsor 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. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF WINNER. The prize may be forfeited and awarded to an alternative winner if the winner release materials are not returned as required from winner and guest or if two (2) attempts to contact winner by phone and/or e-mail are not successful, or if any prize is otherwise not claimed. Prizes are not transferable. No substitutions or exchanges (including for cash) of any prizes will be permitted.
  16. CONDUCT AND DECISIONS: By participating in the Promotion, participants agree to be bound by the decisions of Sponsor personnel. Persons who violate any rule, gain unfair advantage in participating in the Promotion, or obtain winner status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. The Sponsor will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Promotion and the Sponsor’s decisions concerning such disputes shall be final. If the conduct or outcome of the Promotion is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of the Sponsor, the Sponsor reserves the right to terminate this Promotion, or make such other decisions regarding the outcome as the Sponsor deems appropriate. All decisions will be made by the Sponsor and are final. The Sponsor may waive any of these rules in its sole discretion. Any attempt by a participant or any other individual to deliberately circumvent, disrupt, damage or undermine the legitimate operation of this Promotion is a violation of criminal and civil laws. Should such an attempt be made, the Sponsor reserves the right to seek civil and/or criminal prosecution and/or damages from any such person to the fullest extent permitted by law.
  17. RELEASE: As a condition of entering, participants agree (and agree to confirm in writing): (a) to release the Promotion Entities, and their respective subsidiaries and affiliated companies, divisions, parent companies, officers, directors, employees, agents and employees of agents, and advertising and public relations agencies and all others associated with the development and execution of the Raffle, from and against any and all liability with respect to or in any way arising from this Raffle or the use of the participant’s entry and the awarding, receipt, possession and/or use or misuse of any prize, including without limitation liability for any travel related to the Raffle, death, personal injury, loss, and/or disability; (b) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Promotion, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. As a condition of being awarded any prize, each winner and guest may be required to execute and deliver to Sponsor a signed affidavit of eligibility and acceptance of these Official Rules and release of liability, and any other legal, regulatory, or tax-related documents required by Sponsor in its sole discretion.
  18. MISCELLANEOUS: Winner(s) must submit proof of eligibility and may be required to sign the Sponsor’s Affidavit to claim the prize. The Sponsor may substitute prizes, as well as extend, modify, or discontinue the Promotion at any time without prior notice. The Sponsor disclaims any responsibility to notify participants of any aspect related to the conduct of the Promotion. The Promotion Entities are not responsible for any typographical error in the printing of these Official Rules, administration of the Promotion or in the announcement of the Promotion prizes.
  19. WINNER LIST: For a winner list, where required by law, send a stamped, self-addressed envelope no later than August 15, 2012 to: NYC1 LLC, c/o Merchants Hospitality Inc, 111 Broadway, Suite 1202, New York, NY 10006. Vermont residents only may omit return postage.
  20. JURISDICTION: By entering, participants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of State of New York without giving effect to any choice of law or conflict of law rules. By entering, participants consent to the jurisdiction and venue of the federal, state and local courts located in New York County, New York. Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect. Sponsor reserves the right to change these Official Rules at any time, in its sole discretion, and to suspend or cancel the Promotion or any entrant’s participation in the Promotion should viruses, bugs, unauthorized human intervention or other causes beyond Sponsor’s control affect the administration, security or proper play of the Promotion, or Sponsor otherwise becomes (as determined in its sole discretion) incapable of running the Promotion as planned. Entrants who violate these Official Rules, violate any law, rule or regulation in connection with participation in the Promotion, tamper with the operation of the Promotion or engage in any conduct that is detrimental or unfair to Sponsor, the Promotion or any other entrant (in each case as determined in Sponsor’s sole discretion) are subject to disqualification from entry into the Promotion. Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Promotion. If you have any questions about these Official Rules or the Promotion, please e-mail them to DinnerWithTheNeelys@NeelysBBQParlor.com or send written questions to the address listed below, Attn: “Dinner with Neely’s” Questions.
  21. SPONSOR: NYC1 LLC, c/o Merchants Hospitality Inc.,
    111 Broadway, Suite 1202, New York, NY 10006.