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The Three Tomatoes NYC Getaway
Official rules

NO PAYMENT, ENTRY FEE OR PURCHASE REQUIRED.
OPEN TO LEGAL RESIDENTS OF the 50 United States, the District of Columbia, and Canada who have reached the age of majority in their state of residence at the time of entry, unless stated otherwise in a specific promotion. Void in Puerto Rico, the Province of Quebec, and where prohibited by law. You must subscribe to The Three Tomatoes FREE newsletter to be eligible to win.

1. HOW TO ENTER: Enter the The Three Tomatoes NYC Getaway (“Sweepstakes”) on-line at www.thethreetomatoes.com/spacontest.html  Sweepstakes entry web page, filling out the on-line entry form and following instructions for submitting an entry. Entries must be received between 12:01 a.m. (ET) on July 22, 2010, when the Sweepstakes begins, and Noon (ET) on September 22, 2010, when the Sweepstakes ends. You must be a subscriber of The Three Tomatoes FREE newsletter to enter. Incomplete entries will be disqualified. In the event of any dispute regarding the identity of a person submitting an on-line entry, the entry will be deemed submitted by the authorized e-mail account holder, which is defined for purposes of these Official Rules as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A selected winner may be requested to provide the Sponsor with proof that the selected winner is the authorized account holder of the e-mail address associated with the winning entry. If a dispute cannot be resolved, the entry will be deemed ineligible. NO PURCHASE NECESSARY. VOID WHERE PROHIBITED. 

The Three Tomatoes will not correspond regarding receipt of entries. All entries submitted become the sole property of The Three Tomatoes and will not be returned.

2. ELIGIBILTY: OPEN TO LEGAL RESIDENTS OF the 50 United States, the District of Columbia, and Canada who have reached the age of majority in their state of residence at the time of entry, unless stated otherwise in a specific promotion. Void in Puerto Rico, the Province of Quebec, and where prohibited by law. You must subscribe to The Three Tomatoes FREE newsletter to be eligible to win. Entries received from persons residing outside of the eligible geographic areas, or where restricted or prohibited by law, will be disqualified. Employees of The Three Tomatoes and The Surrey Hotel and Spa (collectively, the “Sweepstakes Entities”), and anyone involved in the development or execution of this promotion, and the immediate families (parents, spouses, siblings, and children and their spouses) and members of the households of such employees are ineligible.

3. DRAWING AND NOTIFICATION: The Sweepstakes Administrators, whose decisions are final and binding in all matters relating to this Sweepstakes, will conduct random drawings of the prize winners and alternate winners on or about Monday, September 27, 2010. Odds of winning the prizes depend on the number of eligible entries received. The potential prize winner will be notified by telephone, mail and/or email, at Sponsor’s discretion. If a potential winner does not respond to the Sweepstakes Administrator’s notification attempt within three (3) days from the first notification attempt, then such person will be disqualified and an alternate potential winner will be selected from among all eligible entries received. With respect to notification by telephone, such notification will be deemed given when the potential winner engages in a live conversation with the Sweepstakes Administrator or when a message is left on the potential winner’s voicemail service or answering machine by the Sweepstakes Administrator, whichever occurs first. All notification requirements, as well as other requirements within these Official Rules, will be strictly enforced.

4. PRIZE DETAILS and CONDITIONS: One (1) winner will each receive a one night stay for (2) people at the Surrey Hotel, 20 EAST 76TH STREET NEW YORK NY 10021. Room description: Deluxe King Salon, Duxiana bed, Sferra linens, Laura Tonatto bath amentities. Winner will also receive two 60-minute spa treatments (customized body treatment or massage) at the Spa at The Surrey.

Final determination of winner’s residency and eligibility to win this package, is at the sole discretion of Sponsor. Blackout dates and other restrictions will apply. Lodging on specific dates is subject to availability and must be completed by March 30, 2011 and must be booked in accordance with the terms of the vouchers and certificates. Approximate Retail Value (ARV) of the prize is ($1,000).

No prize substitution or cash redemption is available, except at Sponsor's sole discretion or as otherwise provided herein. All costs related to travel and meals not specifically mentioned are solely the responsibility of the winners. Prize does not include gratuity and is the responsibility of the prize winner. Sponsor reserves the right to substitute a prize of equal or greater value at its sole discretion. Prize is not transferable or assignable. All federal, state and local income taxes on prize and gratuities are solely the responsibility of the winner.
5. RELEASES/TAXES: As a condition of winning any Prize, the potential winner will be required to execute and return a notarized Affidavit of Eligibility, a Liability Release and a Publicity Release (except where prohibited) (the “Affidavit/Release”) . All Affidavit/Releases must be returned within the time indicated in the documents. If such documents are not returned within that time, or if an entrant is found to be ineligible, or if he/she does not comply with the Official Rules, then the potential winner will be disqualified, and an alternate potential winner will be designated from among the alternate winners selected. If prize documentation or prize notifications are returned as undeliverable, this will result in disqualification, and an alternate potential winner will be designated from among the alternate winners selected. All federal, state, local or other tax liabilities, including but not limited to use taxes and income taxes or like amounts in connection with a winner’s award, acceptance or use of a prize arising from this Sweepstakes will be the sole responsibility of the winner.

6. PRIVACY: Except where prohibited by law, participation in this Sweepstakes and/or acceptance of a prize constitutes permission for the Sweepstakes Entities to use the winner’s name, photograph, likeness, statement, biographical information, voice and address (city and state) on a worldwide basis and in all forms of media, in perpetuity and without further compensation in connection with this Sweepstakes. Entry in the Sweepstakes constitutes consent to the transfer of the personal information collected from the entrant to the Sponsor for the purposes of administering the Sweepstakes and for such other purposes to which entrant may consent as outlined herein or on Sponsor’s Web site. By enter this sweepstake, you opt-in to receive The Three Tomatoes newsletter.  Your personal information will be not be shared with any third parties.

7. SWEEPSTAKES CONDITIONS: This Sweepstakes is subject to all applicable federal, state and local laws. By participating, entrants agree to be bound by these Official Rules and the decisions of the Sponsor and Sweepstakes Administrator, and waive any right to claim ambiguity in the Sweepstakes or these Official Rules. By entering, winners and entrants also agree to release, discharge, indemnify and hold harmless Sweepstakes Entities and each of their respective officers, directors, employees, agents and representatives, from and against any claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind, resulting in whole or in part, directly or indirectly, from a) acceptance, possession, misuse or use of any prize or participation in any Sweepstakes-related activity or participation in this Sweepstakes, b) any malfunction or other problem with the Sweepstakes Web site, c) any error in the collection or retention of entry information, or d) any typographical or other error in the printing, offering or announcement of any prize.

8. LIMITATIONS OF LIABILITY: Sweepstakes Entities are not responsible for lost, late, misdirected, undeliverable or incomplete online or on-site entries due to system errors or failures or faulty transmissions or other telecommunications malfunctions; and/or online or on-site entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete or garbled computer or telephone transmissions, typographical or system/human errors and failures, or faulty transmissions, or for any problems or technical malfunction(s) of any telephone network or lines, cable connections, or satellite transmissions, computer online systems, servers or providers, computer equipment, or entries not received by Sponsor on account of technical problems or traffic congestion on the Internet or at a Web site, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit an entrant’s ability to participate. The Sweepstakes Entities are also not responsible for any malfunction of the entire Sweepstakes Web site or error in the collection, processing or retention of entry information.

9. TERMINATION/SUSPENSION/MODIFICATION OF SWEEPSTAKES: If for any reason this Sweepstakes is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity, fulfillment or proper conduct of the Sweepstakes, the Sponsor reserves the right at its sole discretion to terminate, modify or suspend the Sweepstakes and to select winners by conducting a random drawing from those eligible entries received up to the termination/suspension date. Sponsor may also disqualify or prohibit an entrant from participating in the Sweepstakes or winning a prize in this or any other promotion conducted by Sponsor if, at its sole discretion, it determines that said entrant has violated the Official Rules or has threatened or is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception or other unfair playing practices (including the use of automated quick-entry programs), or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives. Any attempt by an entrant to deliberately damage the web site or undermine the legitimate operation of the sweepstakes may be in violation of criminal and civil laws. Should such an attempt be made, sponsor reserves the right to seek remedies and damages (including attorney’s fees) from any such entrant to the fullest extent of the law, including criminal prosecution.

10. DISPUTES: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court of the state of New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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. 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 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 (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.

11. RULES/WINNERS LIST: To receive a list of the winners or an additional copy of these Official Rules, send a self-addressed, stamped envelope by July 31, 2010, to: The Three Tomatoes Sweepstakes, 330 E. 38th Street, New York, NY 10016. Please specify “Rules” or “Winners List.”.

12. SPONSOR: The Three Tomatoes, Inc. 330 E. 330 E. 38 St., New York, New York 10016

13. SWEEPSTAKES ADMINISTRATOR: The Three Tomatoes, Inc. 330 E. 330 E. 39 St., New York, New York 10016.