“BUCKEYE BLISS” SWEEPSTAKES (“SWEEPSTAKES”)
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED DURING THE ENTRY PERIOD. VOID WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORM. TRAVELING AND/OR LODGING NOT INCLUDED IN PRIZE.
SPONSOR: The Sponsor (herein so called) of this Sweepstakes is Diamond Cellar, 6280 Sawmill Road, Dublin, Ohio 43016. This Sweepstakes is governed by these official rules (“Official Rules”). By participating in this Sweepstakes, each entrant agrees to abide by these Official Rules, including all eligibility requirements, and understands that the results of this Sweepstakes, as determined by Sponsor and its agents, are final in all respects.
ELIGIBILITY: This Sweepstakes is open only to individuals who are (i) legal residents and physically located in the state of Ohio and (ii) eighteen (18) years of age or older at the time of entry. Employees, officers and directors (including immediate family members (i.e., spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and members of the same household, whether or not related) of Sponsor and each of its parent and affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers, advertising and promotion agencies, and any and all other companies associated with this Sweepstakes are not eligible to participate in this Sweepstakes or to win the Prize (as detailed below). The “Sponsor Entities” shall mean the parent, subsidiary, affiliated and related entities, and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities.
ENTRY PERIOD: This Sweepstakes will have one (1) Entry Period (herein so called), which shall commence on or about 12:01 a.m. Eastern Time (“ET”) on October 16th, 2023, and conclude at 11:59 p.m. ET November 6th, 2023.
HOW TO ENTER: To enter, during the Entry Period, each entrant shall post one (1) fan photo on Sponsor’s Facebook page, https://www.facebook.com/DiamondCellar/, capturing your moment of “Buckeye Bliss” (e.g., any special “Buckeye” moment shared with a loved one, etc., content must be appropriate for younger audiences and not contain promotional, political, sexual, hate or other inappropriate material. Each entrant’s Facebook account privacy settings, as applicable, must be set to “unprotected” or “public”. To get a Facebook account, visit http://www.facebook.com. By entering this Sweepstakes, each entrant agrees to abide by Facebook’s Rules and Terms of Use (found at https://www.facebook.com/terms.php) and privacy policy (found at https://www.facebook.com/about/privacy) as well as being solely responsible for any and all data charges that he/she may incur. All such charges will be billed by and payable to his/her mobile service provider. Further, all information an entrant submits in connection with this Sweepstakes is subject to, and will be treated in a manner consistent with, Sponsor’s Privacy Policy and Terms of Use, accessible at: https://www.diamondcellar.com/pages/privacy-policy As a condition of entering this Sweepstakes, each entrant consents for Sponsor to repost any images to promote this Sweepstakes. Any information an entrant provides Sponsor may be used to communicate with such entrant in relation to this Sweepstakes or on a Sweepstakes winner’s list. No other method of entry will be accepted. Any and all submissions and metadata submitted for this Sweepstakes may be publicly viewable. Additionally, by participating in this Sweepstakes, each entrant acknowledges his//her entry may be reposted by (i) the public or open to public commentary, for which Released Parties (as defined hereinafter) will not be liable and (ii) The Ohio State University, on the Ohio Stadium videoboard during any regular-season home football game played there during the 2023 football season.
THIS SWEEPSTAKES IN NO WAY IS SPONSORED, ADMINISTERED OR ENDORSED BY, NOR IS IT ASSOCIATED WITH, FACEBOOK.
Limit of one (1) entry per person during the Entry Period. Any additional entries beyond the specified limit, and any entries that do not otherwise comply with these Official Rules, will be void. Sponsor’s designated computer shall be the official timekeeper of this Sweepstakes. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information or Facebook accounts or otherwise may result in the entrant being disqualified. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with these Official Rules may be disqualified from this Sweepstakes at Sponsor’s sole and absolute discretion. Entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Those who do not follow all of the instructions or abide by these Official Rules or other instructions of Sponsor may be disqualified.
RANDOM DRAWING AND ODDS: There will be one (1) Winner (as defined hereinafter) selected in this Sweepstakes. One (1) potential winner will be selected by random drawing in a commercially-reasonable time, following the end of the Entry Period, from among all eligible entries Sponsor receives. Subject to verification of eligibility and compliance with the terms of these Official Rules, the potential winner will be declared the official winner of this Sweepstakes (“Winner”). Sponsor’s decisions are final and binding on all matters relating to this Sweepstakes. Odds of winning depend on the total number of eligible entries received by Sponsor during the Entry Period.
WINNER SELECTION: One (1) potential Winner will be chosen at random from among the pool of all eligible entries received during the Entry Period. Sponsor will contact the potential Winner after the end of the applicable Entry Period via his/her Facebook account and the potential Winner may be required to show proof of being the authorized account holder of the account associated with his/her winning entry. Announcement and instructions for obtaining the Prize will be sent to the potential Winner via his/her e-mail account following initial contact. Each entrant is responsible for monitoring his/her e-mail account for Prize notification and receipt or other communications related to this Sweepstakes. If a potential Prize Winner cannot be reached by Sponsor within forty-eight (48) hours (“Required Response Time”) using the e-mail address provided, then the potential Prize Winner shall forfeit the Prize. Upon Sponsor’s request, the potential Winner may be required to return an Affidavit of Eligibility, Release and Prize Acceptance Form and IRS W-9 form (collectively, “Affidavit”). If a potential Winner fails to comply with these Official Rules, then such potential Winner will be disqualified. The Prize may not be awarded if an insufficient number of eligible entries are received.
NOTIFICATION: The potential Winner will be (i) notified via social media, on his/her Facebook account, by Sponsor (“Prize Notification”) and (ii) required to privately (via e-mail, or other secure means) provide his/her name, address, age and other personal information necessary to receive the Prize. In the event the potential Winner does not respond to any such Prize Notification within the Required Response Time or declines the Prize for any reason, a disqualification will result, the Prize will be forfeited and, at Sponsor’s sole discretion and time permitting, an alternate potential Winner may be randomly selected from among all remaining eligible entries. The potential Winner may be required to (i) submit to Sponsor his/her valid social-security number and/or other identification and (ii) execute, have notarized and return an Affidavit. Failure to submit any Sponsor-required identification or to return the required documents within the specified time period, noncompliance with these Official Rules or the return of the Prize (or any portion thereof) or Prize Notification as undeliverable may result in disqualification and Prize forfeiture and, at Sponsor’s sole discretion and time permitting, may cause an alternate potential Winner to be randomly selected from among all remaining eligible entries. The Sponsor Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in an entrant’s e-mail account to receive e-mail messages.
PRIZE: There will be one (1) prize (“Prize”), which shall include: two (2) game tickets with pregame hospitality access to the Ohio State vs. Minnesota football game on November 18, 2023 (ARV $444) one (1) officially licensed “Script Ohio” necklace with black diamond (ARV $849); one (1) $200 gift card to Hyde Park Prime Steakhouse (ARV of $200); limousine transportation to and from dinner at a Hyde Park Prime Steakhouse location on Friday, November 17th (ARV $500) with pick up and drop off at Diamond Cellar on Sawmill Road. Approximate Retail Value (“ARV”) of the Prize is: ($1,993).
PRIZE CONDITIONS: One (1) Prize will be awarded. All Prize details shall be determined, in Sponsor’s sole and absolute discretion. No compensation will be paid in lieu of a lost Prize or cancelled event. The Winner is strictly prohibited from auctioning, trading or otherwise transferring the Prize unless Sponsor consents in writing. Prize-related tickets are subject in all respects to the terms and conditions set forth on the tickets and any requirements of the applicable hosting facility. The Winner is fully responsible for any and all applicable federal, state and local taxes (including income and withholding taxes), regardless of whether they, in whole or in part, are used. The Prize’s ARV is based on available information provided to Sponsor and the value of any Prize awarded to a Winner may be reported for tax purposes as required by law. The Winner may be required to provide Sponsor with a valid social-security number (for tax reporting purposes) before the Prize is awarded. An IRS Form 1099 may be issued in the Winner’s name for the actual value of the Prize received. All costs and expenses associated with Prize acceptance and use not specified herein as being provided are the Winner’s sole responsibility. The Prize is non-transferable and non-assignable, with no cash redemptions except at Sponsor’s sole and absolute discretion. Sponsor reserves the right to substitute the Prize (or any portion thereof) with a prize of comparable or greater value at its sole and absolute discretion. Released Parties will not be responsible for weather conditions, acts of God, acts of terrorism, civil disturbances, work stoppages or any other natural disasters outside their control, which may cause the cancellation or postponement of the Prize (or any portion thereof). The Prize may not be resold or offered for resale, which may result in disqualification and Prize forfeiture. The Released Parties are not responsible for and will not replace any lost, mutilated or stolen Prize (or portion thereof) or any Prize that is undeliverable or does not reach the Winner because of an incorrect or changed address. If the Winner does not accept or use the entire Prize, then the unaccepted or unused Prize portion will be forfeited and the Released Parties will have no further obligation with respect to the Prize or portion thereof. No more than one (1) Prize will be awarded. The Released Parties are not responsible for and the Winner will not receive the difference, if any, between the actual value of the Prize at the time it is awarded and the Prize’s stated ARV in these Official Rules or in any Sweepstakes-related correspondence or material. Limit of one (1) Prize per person.
RELEASE: By entering this Sweepstakes and submitting an entry, each entrant releases in perpetuity the Released Parties from any claims, demands, losses and liabilities of any nature arising out of or in any way connected with the entry, and the use thereof as permitted hereunder, including, but not limited to, claims of copyright or trademark infringement, false endorsement, libel, slander, defamation or infringement of rights of publicity or privacy. Nothing herein will obligate Sponsor to make any use of any of the rights set forth herein.
WAIVER OF LIABILITY/PUBLICITY RELEASE: Each Sweepstakes entrant, by submitting an entry, agrees to (i) be bound by these Official Rules, including all entry requirements, and (ii) waive any and all claims against Sponsor, The Ohio State University, LEARFIELD, Facebook, and each of their respective parents, affiliated companies, subsidiaries, officers, directors, employees, agents, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, and any and all other companies associated with this Sweepstakes, and all of their respective officers, directors, employees, agents and representatives (collectively, “Released Parties”) for any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from such Sweepstakes participation or from the receipt or use of the Prize (or any portion thereof) or any travel or activity related to the receipt or use of the Prize (or any portion thereof). By entering this Sweepstakes, each entrant gives his/her express permission to be contacted by Sponsor by telephone, social-media account, e-mail and/or postal mail for Sweepstakes purposes. The Winner, by acceptance of the Prize, grants to Sponsor and each of its designees the right to publicize the Winner’s name, address (city and state of residence), photograph, voice, statements and/or other likeness and Prize information for advertising, promotional, trade and/or any other purpose in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, unless prohibited by law.
GENERAL CONDITIONS: Released Parties are not responsible for: (i) stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated, postage-due or garbled entries; (ii) lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider (ISP), wireless network, website, API, or other connections, including those through and/or by any website, availability or accessibility or miscommunications or failed computer, satellite, telephone, cable or wireless transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; wireless service congestion; (iii) failures or malfunctions of phones, phone lines or telephone systems, wireless towers or cellular tower equipment; (iv) any error, omission, interruption, defect or delay in wireless or other transmission, processing, or communication; non-delivery; (v) misdirected, blocked, or delayed email notifications; (vi) printing, typographical or other errors appearing within these Official Rules, in any Sweepstakes-related advertisements or other materials; or (vii) any other errors, problems or difficulties of any kind whether human, mechanical, electronic, network, computer, telephone, wireless service, mail, typographical, printing or otherwise relating to or in connection with this Sweepstakes, including, without limitation, errors or difficulties, which may occur in connection with the administration of this Sweepstakes, the processing of entries, the announcement of the Prize or in any Sweepstakes-related materials, or the cancellation or postponement of any event. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking or by any equipment or programming associated with or utilized in this Sweepstakes. Nor are Released Parties responsible for injury or damage to any entrant’s or to any other person’s computer and/or wireless device related to or resulting from participating in this Sweepstakes. Persons who tamper with or abuse any aspect of this Sweepstakes or website or attempt to undermine the legitimate operation of this Sweepstakes by cheating, deception or other unfair playing practices, or who intend to annoy, abuse, threaten or harass any other entrant or any representative of Sponsor or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Any attempt to damage the content or operation of this Sweepstakes is unlawful and subject to legal action by Sponsor and/or its respective agents. Sponsor shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to this Sweepstakes, and to resolve all disputes in its sole discretion. Released Parties (i) make no warranty, guaranty or representation of any kind concerning the Prize (or any portion thereof) and (ii) disclaim any implied warranty. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Sponsor reserves the right, in its sole discretion, to cancel or suspend this Sweepstakes (or any portion thereof) should virus, bugs, unauthorized human intervention or other causes corrupt administration, security, fairness, integrity or proper operation of this Sweepstakes (or any portion thereof). In the event this Sweepstakes is cancelled, Sponsor may elect to identify the Winner and award the Prize by way of random drawing from among all non-suspect, eligible entries received up to the time of such cancellation. Sponsor also reserves the right, in its sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of this Sweepstakes. In the event Sponsor is prevented from continuing with this Sweepstakes by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with this Sweepstakes by any party, or any federal, state, local or provincial government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Host or Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend or terminate this Sweepstakes or the Prize.
CAUTION: ANY ATTEMPT TO DAMAGE OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH ENTRANT, AND SPONSOR, AND/OR ITS RESPECTIVE AGENTS, WILL RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Entries generated by a script, macro or other mechanical or automated means will be disqualified. In the event of dispute as to the identity or eligibility of any potential Winner based on an e-mail account, the winning entry will be declared made by the full name submitted with the entry at the time of entry, provided he/she is eligible according to these Official Rules. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.
As a condition of entering this Sweepstakes, each entrant agrees that: (a) any and all disputes, claims, controversies or causes of action arising out of or relating to this Sweepstakes, or the Prize awarded (each, a “Claim”), shall be: (i) arbitrated on an individual basis only, and not consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party, and (ii) settled by binding arbitration in New York County, New York, before a single arbitrator appointed by the American Arbitration Association in accordance with its then-governing rules and procedures, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof; and (b) under no circumstance will an entrant be permitted to obtain awards for, and each such entrant hereby waives all right to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses. These Official Rules shall be governed by and construed and interpreted in accordance with the laws of the State of New York, U.S.A, applicable to contracts entered into and performed exclusively in that State, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
NAME OF WINNER: To receive the name of the Winner, send a stamped self-addressed envelope, prior to December 30, 2023, to: “Buckeye Bliss” c/o Diamond Cellar, 6280 Sawmill Road, Dublin, Ohio 43016.
MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision. In the event that any provision of these Official 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 these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity with respect to these Official Rules. 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. 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 and/or the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.