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2024 Class Sweepstakes
OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY UNITED STATES AND D.C. OTHER THAN ALASKA AND HAWAII WHO ARE (I) A “PROFESSIONAL PASTRY CHEF” (AS DEFINED BELOW) AND (II) 21 YEARS OF AGE OR OLDER AND OF THE LEGAL AGE OF MAJORITY AT THE TIME OF ENTRY. U.S. LAW GOVERNS THIS SWEEPSTAKES. VOID WHERE PROHIBITED.
- ELIGIBILITY: The 2024 L’Ecole Valrhona Class Sweepstakes (the “Sweepstakes”), sponsored by Valrhona INC (“Sponsor”), is open only to persons who as of the date of entry (and, if a winner, as of the date of prize fulfillment) are (i) legal residents of one of the fifty United States or the District of Columbia (excluding Alaska and Hawaii), (ii) 21 years of age or older and of the legal age of majority in the jurisdiction in which the entrant resides, and (iii) a Professional Pastry Chef. A ”Professional Pastry Chef” is a person who, as of the date of entry, has had at least one full year of experience working in a professional kitchen (i.e., restaurant, bakery, pastry shop or hotel kitchen) as a pastry chef or is currently enrolled in or has completed in-person pastry chef culinary classes and has obtained or is in the process of obtaining a culinary degree from an accredited institution. Persons who as of the date of entry (and, if a winner, as of the date of prize fulfillment) are an employee of Sponsor, Pastry Arts Magazine (“Pastry Arts”) or any of Sponsor’s or Pastry Arts’ parent companies, subsidiaries and affiliates or any company involved in the operation of the Sweepstakes (collectively, the “Sweepstakes Entities”), or a member of the immediate family or household (whether or not related) of any such employee, are not eligible. Eligibility determinations will be made by Sponsor in its discretion. U.S. law governs this Sweepstakes. Void where prohibited by law.
- HOW TO ENTER: The entry period for the Sweepstakes begins at 12:00pm Eastern Time (ET) on Wednesday, May 1st 2024 and continues through 11:59pm ET on Sunday, May 5th 2024 (the “Entry Period”). No purchase is necessary. From time to time during the Entry Period, Sponsor will make a post on Instagram with a call to action to enter the Sweepstakes (each, a “Sweepstakes Post”), using its official Instagram account (@valrhonausa). To enter, during the Entry Period, an entrant must (i) follow Sponsor’s and Pastry Arts’ Instagram accounts (@valrhonausa and @pastryartsmag, respectively), (ii) like a Sweepstakes Post, and (iii) click the link located in Sponsor’s Instagram bio and follow the on-screen entry instructions, which will include filling out an online entry form (which will require the entrant to submit his or her email address, phone number and such other information as Sponsor may require) (“Entry Form”). The entrant must have the entrant’s Instagram account set to ‘public’ from the time of submission through the remainder of the Entry Period. Each Instagram post, comment and/or tag must comply with all terms and conditions and technical requirements of Instagram, including without limitation the Terms of Use and the Community Guidelines. Entrants are prohibited from inaccurately tagging content or encouraging other Instagram users to inaccurately tag content in any Instagram post. All Instagram posts, comments and/or tags submitted by an entrant for purposes of Sweepstakes entry are referred to collectively in these Official Rules as a “Submission.” Each Submission must be original and must not contain any material that is unlawful, defamatory, threatening, indecent, violent, obscene or offensive, or that disparages any person, company, brand or organization, or that violates or infringes upon any copyright, trademark right or other right of any person or entity. Submitting a Submission and completing an Entry Form during the Entry Period constitutes acknowledgment of and consent to these Official Rules. To receive an entry, the entrant must complete the entry process during the Entry Period. Upon completion of the entry process during the Entry Period, the entrant will receive one Sweepstakes entry. There is a limit of one entry per person. If any person attempts to obtain more than the stated maximum number of entries by using multiple accounts, email addresses, identities, registrations or logins, or through any other means, Sponsor will have the right in its discretion to void the entrant’s excess and/or to disqualify the entrant from the Sweepstakes. Entry times will be determined by the timestamp attributed to the entrant’s Submission by Instagram. Normal time rates, if any, charged by the entrant’s Internet service provider will apply. All entries are subject to verification at any time. Proof of submission does not constitute proof of entry. Sponsor will have the right, in its discretion, to require proof of identity and/or eligibility in a form acceptable to Sponsor (including, without limitation, government-issued photo identification). Failure to provide such proof to the satisfaction of Sponsor in a timely manner may result in disqualification. Entries are not transferable.
- WINNER SELECTION, NOTIFICATION AND VERIFICATION: Following the conclusion of the Entry Period, one potential prize winner will be selected in a random drawing conducted by Sponsor from among all valid entries received during the Entry Period. The odds of being selected as a potential winner will depend on the number of eligible entries received during the Entry Period. The potential prize winner will be notified via email sent to the email address provided by the entrant in the Entry Form, and the potential winner must respond to Sponsor’s initial notification attempt within 72 hours with his or her name, email address, phone number, mailing address and such other information as Sponsor may require. Each potential winner is subject to verification of eligibility and may, in Sponsor’s discretion, be required to complete, sign and return to Sponsor an Affidavit of Eligibility/Release of Liability and, if legally permissible, a Publicity Release, and any other documentation provided by Sponsor in connection with verification of the potential winner’s eligibility and confirmation of the releases and grant of rights set forth in these Official Rules (as applicable, “Winner Verification Documents”), within three days of attempted delivery of same. The potential winner may also in Sponsor’s discretion be required to complete and return to Sponsor an IRS Form W-9 within three days of attempted delivery of same. If the potential winner cannot be reached or does not respond within 72 hours of the initial notification attempt or fails to complete, sign, and return any required Winner Verification Documents or IRS Form W-9 within three days of attempted delivery of same, or if the potential winner does not otherwise comply with these Official Rules and/or cannot accept the prize as awarded for any reason, then the potential winner may be disqualified and an alternate winner may, at Sponsor’s discretion, be selected from among the remaining eligible entries as specified in these Official Rules (in which case the foregoing provisions will apply to such newly-selected entrant).
- PRIZES: One prize will be offered. The prize consists of (i) free enrollment in one professional pastry class at L’Ecole Valrhona Brooklyn, (ii) round-trip coach class airfare for the winner between a major airport near the winner’s home and an airport near New York City selected by Sponsor, (iii) a ____ consecutive night stay for the winner at a hotel selected by Sponsor (room rate and taxes only; size and type of room determined by Sponsor), and (iv) ground transfers between the airport and hotel. Sponsor will provide the winner with a list of pastry class options to select from. The approximate retail value (“ARV”) of the prize is up to $2,800 USD. The actual ARV of the prize will depend upon winner selections, where winner resides and market conditions at the time of prize fulfillment. Travel and accommodation restrictions (including blackout dates) and other additional restrictions may apply. If the winner is not available for the class and/or travel on the dates specified by Sponsor, Sponsor will have the right to disqualify the winner and select an alternate winner. Travel arrangements must be made through Sponsor’s agent and on an airline carrier of Sponsor’s choice. The winner is responsible for obtaining all required travel documents and travel insurance (and all other forms of insurance) at its option. Sponsor has not and will not obtain or provide travel insurance or any other form of insurance for the winner. No refund or compensation will be made in the event of the cancellation or delay of any flight except at the sole discretion of Sponsor. Travel is subject to the terms and conditions set forth in these Official Rules and those set forth by Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. Lost, stolen or damaged airline tickets will not be replaced or exchanged. Sponsor will not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by any air carrier(s) or other transportation companies or any other persons providing any of these services to passengers including any results thereof such as changes in services or accommodations necessitated by same. The passenger contracts in use by the airlines or other transportation companies will constitute the sole contracts with respect to the winner’s transportation and such contracts shall be solely between the winner and such transportation companies. No substitution, cash redemption or transfer of the right to receive a prize or any prize component is permitted, except in the discretion of Sponsor, which has the right to substitute the prize or any prize component with a prize or prize component of equal or greater monetary value selected by Sponsor in its discretion. The prize consists only of the items expressly specified in these Official Rules. All expenses or costs associated with the acceptance or use of a prize or any prize component are the responsibility of the winner. The prize is awarded “as is” and without any warranty, except as required by law. In no event will more than the number of prizes stated in these Official Rules be awarded. All federal, state and local taxes on the value of the prize are the responsibility of the winner. An IRS form 1099 will be issued if required by law. All prize details that are not expressly specified in these Official Rules will be determined by Sponsor in its discretion. The prize will be awarded if properly claimed.
- GRANT OF RIGHTS: By entering the Sweepstakes, each entrant irrevocably grants to Sponsor and its parent companies, subsidiaries, affiliates and advertising and promotion agencies, and the successors and assigns and the agents and licensees of each of the foregoing (collectively, the “Licensees”) the right to use the entrant’s name, likeness, voice, Instagram account handle, biographical information and statements attributed to the entrant, in perpetuity, throughout the world, in all media and formats whether now or later known or developed, including without limitation via Sponsor’s websites and social media and digital channels, for commercial purposes and any other purposes (including without limitation advertising and promotion), without further notice or compensation, unless prohibited by law.
- RELEASE AND LIMITATION OF LIABILITY: By entering the Sweepstakes, to the fullest extent permitted by applicable law, each entrant releases and agrees to hold harmless each of the Licensees, Pastry Arts, all other companies involved in the development or operation of the Sweepstakes, all other companies involved in the provision of the prize or any component of the prize, Instagram, the agents and contractors of each of the foregoing, and the directors, officers and employees of each of the foregoing (collectively, the “Released Parties”) from and against any and all claims and causes of action of any kind that the entrant ever had, now has or might in the future have, and all liabilities, damages and expenses of any kind, arising out of or relating to the Sweepstakes, the use of Instagram or any website or application associated with the Sweepstakes, participation in the Sweepstakes, the use of Instagram, the provision, acceptance or use of any prize or any component of any prize or any use of the entrant’s name, likeness, voice, biographical information and/or statements attributed to the entrant as permitted pursuant to these Official Rules, including without limitation any and all claims and causes of action (a) relating to any personal injury, death or property damage or loss sustained by any entrant or any other person, (b) based upon any allegation of violation of the right of privacy or publicity, misappropriation, defamation, or violation of any other personal or proprietary right or (c) based upon any allegation of a violation of any law, rule or regulation relating to personal information or data security. Each entrant agrees not to assert any such claim or cause of action against any of the Released Parties. Each entrant assumes the risk of, and all liability for, any injury, loss or damage caused, or claimed to be caused, by participation in this Sweepstakes or the provision, acceptance or use of any prize or any component of any prize. The Released Parties are not responsible for, and will not have any liability in connection with, any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prize. The Released Parties are not responsible for, and will not have any liability in connection with, late, lost, delayed, illegible, damaged, corrupted or incomplete entries, incorrect or inaccurate capture of, damage to, or loss of entries or entry information, or any other human, mechanical or technical error of any kind relating to the operation of Instagram, communications or attempted communications with any entrant, the submission, collection, storage and/or processing of entries or the administration of the Sweepstakes. The Released Parties are not responsible for, and will not have any liability in connection with any Act of God, war, terrorism, accident, fire, strike, lock-out or other labor controversy, riot, civil disturbance, act of public enemy, law, enactment, rule, restraint, order or act of any governmental instrumentality or military authority, or other cause not reasonably within their control that may delay or prevent Sponsor from fulfilling its obligations pursuant to these Official Rules.
- GENERAL RULES: Sponsor has the right, in its sole discretion, to modify these Official Rules (including without limitation by adjusting any of the dates and/or timeframes stipulated in these Official Rules) and to cancel, modify or suspend this Sweepstakes at any time in its discretion, including without limitation if a virus, bug, technical problem, entrant fraud or misconduct or other cause beyond the control of Sponsor corrupts the administration, integrity, security or proper operation of the Sweepstakes or if for any other reason Sponsor is not able to conduct the Sweepstakes as planned (including without limitation in the event the Sweepstakes is interfered with by any fire, flood, pandemic, epidemic, earthquake, explosion, labor dispute or strike, act of God or of public enemy, communications failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or federal, state or local law, order or regulation or court order) or in the event of any change to the terms governing the use of Instagram or the application or interpretation of such terms. In the event of termination of the Sweepstakes, a notice will be posted on the Sponsor’s Instagram account and a random drawing will be conducted to award the prizes from among all eligible entries received prior to the time of termination. Sponsor has the right, in its sole discretion, to disqualify or prohibit from participating in the Sweepstakes any individual who, in its discretion, it determines or believes (i) has tampered with the entry process or has undermined the fair or legitimate operation of Instagram or the Sweepstakes, including by cheating, hacking, deception or other unfair practices, (ii) has engaged in conduct that annoys, abuses, threatens or harasses any other entrant or any representative of Sponsor or (iii) has attempted or intends to attempt any of the foregoing. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR APPLICATION ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR HAS THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY PERSON INVOLVED TO THE FULLEST EXTENT PERMITTED BY LAW. The use of agents or automated devices, programs or methods to obtain or submit entries is prohibited and Sponsor has the right, in its sole discretion, to disqualify any entry that it believes may have been obtained submitted using such an agent or automated device, program or method. In the event of a dispute regarding who submitted an entry, the entry will be deemed to have been submitted by the authorized account holder of the Instagram account used to submit the Submission. “Authorized account holder” means the person who is assigned an email address by an internet provider, online service provider or other organization (e.g., business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. An entrant may be required to provide proof, in a form acceptable to Sponsor, that he or she is the authorized account holder of the email address associated with the entry in question. All federal, state and local laws and regulations apply. All entries become the property of Sponsor and will not be verified or returned. By participating in this Sweepstakes, each entrant agrees to be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all respects. These Official Rules may not be reprinted or republished in any way without the prior written consent of Sponsor.
- DISPUTES: By entering the Sweepstakes, each entrant agrees, to the maximum extent permitted by applicable law, that (a) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes or the provision, acceptance and/or use of any prize or prize component will be resolved individually, without resort to any form of class action (Note: Some jurisdictions do not allow restricting access to class actions. This provision will not apply to entrants who live in such a jurisdiction); (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees; (c) under no circumstances will any entrant be permitted to obtain any award for, and each entrant hereby waives all rights to claim, punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses, and (d) each entrant’s sole and exclusive remedy with respect to any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes will be an action at law for the recovery of monetary damages only, and in no event will the entrant have the right to enjoin or otherwise interfere with the exercise by the Licensees of any of the rights granted in these Official Rules or terminate or rescind any of the rights granted in these Official Rules. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the respective rights and obligations of the entrants and Sponsor in connection with the Sweepstakes 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 or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of New York. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts located in New York County in the State of New York, waiving any right to trial by jury, and each entrant consents to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to any of the foregoing. In the event of any conflict between these Official Rules and any Sweepstakes information provided elsewhere (including but not limited in advertising or marketing materials), these Official Rules shall prevail.
- USE OF INFORMATION: By entering the Sweepstakes, each entrant agrees that information submitted in connection with the Sweepstakes will be subject to Sponsor’s policy available at https://www.valrhona.us/footer/privacy-policy (the “Privacy Policy”) and may be used as permitted pursuant to the Privacy Policy, and may also be used as determined by Sponsor in connection with the administration of the Sweepstakes.
- WINNER’S NAMES AND RULES REQUESTS: For the names of the winners, available one week after the conclusion of the Entry Period, or a copy of these Official Rules,send a self-addressed stamped envelope to: Valrhona INC, 222 Water Street, Brooklyn, New York 11201. Requests must be received by Sponsor within six months after the conclusion of the final Entry Period.
- SPONSOR: Valrhona INC, New York City, New York. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram.