Summer Contest Rules

2021 DiBella's Summer Tour

OFFICIAL RULES

1. NO PURCHASE NECESSARY. NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS 2021 DIBELLA’S SUMMER TOUR (the “Sweepstakes”).  A PURCHASE DOES NOT IMPROVE ENTRANT’S CHANCES OF WINNING THIS SWEEPSTAKES. ANY ENTRY INTO THIS SWEEPSTAKES THAT IS MADE OUTSIDE [NY, CT, OH, PA or MI] AND WHERE PROHIBITED BY LAW IS VOID.  These 2021 DiBella’s Summer Tour Official Rules (the “Official Rules”) are exclusively intended for viewing in NY, CT, OH, PA or MI by legal residents thereof. Any entrant of this Sweepstakes (the “Entrant”) shall not proceed to enter this Sweepstakes if Entrant is not a legal resident of, and located in NY, CT, OH, PA or MI and eighteen (18) years of age or older at the time of entry.
   
   
2. SPONSOR. This Sweepstakes is sponsored by DIBELLA’S OLD FASHIONED SUBMARINES, INC., a New York corporation (“Sponsor”), with an office located at 180 Canal View Boulevard, Suite 600, Rochester, New York 14623. NO PURCHASE OF ANY KIND IS NECESSARY TO ENTER THIS SWEEPSTAKES. Any purchase will not increase Entrant’s chances of winning this Sweepstakes.
   
   
3. HOW TO ENTER. Beginning on June, 28, 2021 at 10 am EST through Sept. 19, 2021 at 10 pm EST, log on to dibellas.com and click on the icon/link for the DiBella’s Favorites Summer Tour and follow the on-screen entry instructions. Fill in and submit all required information. Entrant may enter only once. Use of any robotic, automatic, programmed, or similar entry method or entering more than the number of times permitted will void all entries and result in disqualification. Entrants are prohibited from entering more than the number of times permitted pursuant to these Official Rules by using multiple email addresses, identities, or devices in an attempt to circumvent the rules.
   
   
4. ELIGIBILITY. This Sweepstakes is exclusively offered to residents of NY, CT, OH, PA or MI, eighteen (18) years of age and older as of June, 21, 2021, except for employees of Sponsor, its affiliates, subsidiaries, and agencies (collectively "Promotion Parties"), and members of the Promotion Parties’ immediate family or persons living in the same household. An Entrant’s entry shall be void when Sponsor is prohibited from offering an entry to such Entrant by applicable law or such entry triggers Sponsor’s non-compliance with applicable law. An Entrant’s entry is also void when submitted without meeting the eligibility requirements set forth in this section. 
   
   
5. DRAWING. A random drawing will be conducted on or about Sept. 28, 2021 by Sponsor to select the winners from among all eligible entries received. Odds of winning depend on the number of entries received. Potential winners will be notified by email and must sign and return any required Affidavit of Eligibility and Release within 10 days of the date notice is sent or such other date set by Sponsor. Failure to respond within the applicable time period will result in forfeiture of prize and Sponsor shall have the option to award the prize to an alternate winner. The return of any prize notification or prize as undeliverable may result in disqualification and an alternate winner may be selected by a random drawing. All income taxes resulting from acceptance of prize are the responsibility and liability of winning Entrants. By entering this Sweepstakes, Entrant accepts and agrees to these Official Rules and the decisions of the Sponsor, which shall be final in all matters. Acceptance of a prize also constitutes permission to the Promotion Parties to use the winning Entrant’s name, likeness, and biographical information for marketing purposes without further compensation or right of approval, unless prohibited by law. The terms set forth in this section are subject to all applicable federal and state laws.
   
   
6. LIMITATION OF LIABILITY. BY ENTERING AND/OR ACCEPTING ANY PRIZE, ENTRANT REPRESENTS THAT HE OR SHE HAS COMPLIED WITH ALL RULES OF THIS SWEEPSTAKES AND AGREES TO RELEASE AND HOLD HARMLESS SPONSOR AND ITS PARENTS, SUBSIDIARIES AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/PROMOTION AGENCIES, AND PRIZE SUPPLIERS, AND EACH OF ITS PARENT COMPANIES AND EACH OF SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “RELEASED PERSONS”) FROM AND AGAINST ANY AND ALL LIABILITY FOR LOSS, HARM, DAMAGE, INJURY, COST OR EXPENSE WHATSOEVER INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH WHICH MAY OCCUR IN CONNECTION WITH, PREPARATION FOR OR PARTICIPATION IN THIS SWEEPSTAKES, OR POSSESSION, ACCEPTANCE AND/OR USE OR MISUSE OF ANY PRIZE, OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY, UNLESS OTHERWISE PROHIBITED BY LAW. ENTRANT ALSO AGREES TO RELEASE AND HOLD HARMLESS THE RELEASED PERSONS FOR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT OR ANY OTHER INTELLECTUAL PROPERTY-RELATED CAUSE OF ACTION. ENTRANT FURTHER ACKNOWLEDGES THAT THE RELEASED PARTIES 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 ANY PRIZE OR PORTION THEREOF, INCLUDING BUT NOT LIMITED TO ITS QUALITY, MECHANICAL CONDITION, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CIVIL AND CRIMINAL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW. Promotion Parties will not be responsible for: late, incomplete, or incorrect entries; an Entrant's failure to receive prize notices due to Entrant's spam, junk e-mail, or other security settings or for Entrants' provision of incorrect or otherwise non-functioning contact information; technical, hardware, or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or used in this Sweepstakes; by any human error which may occur in the processing of the entries in this Sweepstakes; or any typographical, technological, or other error in the publishing of the offer, administration of the Sweepstakes, or announcement of the prize[s]. If, in the Sponsor's opinion, there is such an error, or there is any suspected evidence of tampering with any portion of the Sweepstakes, or if technical difficulties (including viruses and bugs) compromise the integrity of the Sweepstakes, Sponsor reserves the right to, in its sole discretion, cancel or modify this Sweepstakes in a manner deemed appropriate by Sponsor. In the event of termination, winners will be selected from among all eligible entries received as of date of termination. In the event a dispute arises as to the identity of a potentially winning Entrant, entries will be declared made by the name on the online entry form.
   
   
7. PRIZE[S]. The prizes awarded under this Sweepstakes shall consist of as follows:

The total prize value of all prizes set forth above is $4,890.00.  For the avoidance of doubt, any and all prizes awarded in connection with this Sweepstakes consists of only those items set forth in this section above. Prizes awarded shall be limited to one prize per family or household. No substitution or transfer of prize by winning Entrant shall be permitted. Sponsor reserves the right to substitute a prize of equal or greater value at any time. All prizes will be awarded. If a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries.

8. CHOICE OF LAW AND FORUM. This Sweepstakes and these Official Rules are governed by the laws of the state of New York without regard to the conflicts of law provisions of New York or any other state that would cause the application of the laws of any other state, and, by registering to enter into this Sweepstakes, each Entrant submits to the exclusive personal jurisdiction and venue of the state and federal courts of that state, and agrees that any dispute, claims or cause of action shall be resolved individually, without resort to any form of class action.
   
   
9. PRIVACY. Information submitted with an entry is subject to the Privacy Policy stated on https://www.dibellas.com/favorites-summer-tour. To read the Privacy Policy, click here: https://www.dibellas.com/privacy.
   
   
10. WINNERS LIST. For the names of the winners of this Sweepstakes, available after Sept. 30, 2021, send a self-addressed, stamped envelope to DIBELLA’S OLD FASHIONED SUBMARINES, INC., 2021 DiBella’s Summer Tour Sweepstakes, 180 Canal View Blvd, Suite 600, Rochester, NY 14620 postmarked before Dec. 31, 2021. The name[s] of the winners of this Sweepstakes will also appear on the DIBELLA’S OLD FASHIONED SUBMARINES, INC. website at dibellas.com/summer-tour-winners.