DINERS, DRIVE-INS, AND DIVES
“AMERICA’S FAVORITES” COMPETITION
Citizen Pictures, LLC is the sole sponsor (“Sponsor”) of Food Network’s Diners, Drive-Ins, and Dives America’s Favorites Competition and is solely responsible for this competition and its prizes.
1. HOW TO ENTER:
NO PURCHASE NECESSARY. A purchase will not increase your chances of winning. The Diners, Drive-Ins, and Dives America’s Favorites Competition (“Competition”) begins at 8:00PM Eastern Time (ET) on Monday, August 10, 2020, and ends at 11:59PM ET on Sunday, August 16, 2020 (“entry period”). Participants are invited to submit a video telling us about your favorite Diners, Drive-ins, and Dives location of all time and why you love it so much. What’s your favorite Triple D Joint? Which Triple D joint did you go out of your way to check out? What taco, burger, or pizza are you constantly craving? Tell us why! If selected by our judges, you may get a video call from Guy and you, your video call with Guy, and your video submission (or some portions thereof) may appear on the program Diners, Drive-Ins, and Dives (the “Program”).
To enter, post your video submission on Twitter or Instagram with the hashtag #DDDfavorite and tag @foodnetwork (Same handle for both Twitter and Instagram), and @citizenpictures (Same handle for both Twitter and Instagram). No other method of entry will be accepted. Entries must be posted by 11:59 PM ET on Sunday, August 16, 2020. Limit one (1) entry per person. Incomplete entries are void. Video submissions may not be longer than one (1) minute total and must be in cell phone or better format to be considered. Shoot your video using your phone camera or a camera(s) of similar or better quality in landscape mode. DO NOT use Twitter or Instagram to shoot the video. Restaurants nominated must be in business as of August 16, 2020. Owners of winning restaurants may also participate in a video call/interview with Guy Fieri that may appear on the Program. If you live near the restaurant you nominate, you may be asked to participate in the video call with Guy Fieri and the restaurant owner at the site of the restaurant you nominate. If you are not already a member of Twitter or Instagram, please see Section 5 for additional information regarding creating an account.
2. ELIGIBILITY: The Competition is open only to residents of the U.S. who are 18 years of age or older (or the age of majority in their state) as of the date the Competition begins. Employees of Citizen Pictures, LLC, Discovery Communications, LLC, and their immediate families (spouse, parents, children, siblings and their spouses) and individuals living in the same household as those employees are ineligible. The Competition is governed by the laws of the United States and is subject to all applicable federal, state, and local laws and regulations. Void where prohibited by law.
Twenty-four (24) total Prize Winners (each a “Prize Winner”) will be selected based on the following judging criteria:
- Creativity: how imaginative and original the video submission is (40%)
- Story: how well the video submission tells a story – perhaps a personal story – that draws us in and entertains us (35%)
- Execution: how well the video uses images, sound, words, setting, and other techniques (15%)
- Informative: how useful and interesting the information in the video submission is for viewers (10%)
Fifty (50) Finalists (each a “Finalist”) will be selected by a panel of judges made up of Citizen Pictures, LLC producers who will apply the judging criteria on or about August 24th, 2020, from among all eligible entries received. Twenty-four (24) Prize Winners will be selected by Guy and Hunter Fieri who will apply the same judging criteria on or about August 31st, 2020, from among the Fifty (50) Finalists. In the event of a tie, the judges will select a winner based on its creativity and the overall quality of the submission. By participating, Participants agree to be bound by these Official Rules and the decisions of the judges, which shall be final and binding in all respects. Limit one prize per person, family or household from any Citizen Pictures, LLC-sponsored or Discovery Communications, LLC-sponsored Competitions. Prize Winners will be notified via social media, email, U.S. mail, telephone, and/or by overnight courier. For the avoidance of doubt, Finalists who do not become Prize Winners will not receive a prize.
Each of twenty-four (24) Prize Winners will receive $1,000.00 cash each (presented in the form of a check), a bag of swag (e.g., Diners, Drive-Ins and Dives America’s Favorite t-shirt, hat, decal, and/or similar items) (ARV $100.00 each), and may participate in a video call/interview with Guy Fieri that may be used and appear in the Program (ARV priceless). ARV of each prize: $1,100.00. ARV of all prizes: $26,400.00. Prizes cannot be exchanged for cash and cannot be used in conjunction with any other promotion. No substitution or transfer of prizes permitted except as provided for at the sole discretion of Citizen Pictures, LLC. Prize Winners will be issue a 1099 tax form for the actual value of the prize.
All federal, state, and local taxes, fees and surcharges on the Prizes are the sole responsibility of the Prize Winners. Prize Winners will be required to execute and return an Affidavit of Eligibility/Release of Liability/Prize Acceptance Form within five (5) days following notification as well as an Appearance Release to appear in the Program. Return of any prize and/or prize notification as undeliverable or failure of any Participant to comply with any Official Rules will result in disqualification and selection of an alternate winner.
By entering, each Participants, including Finalists and Prize Winners, grants: (1) Citizen Pictures, LLC, Discovery Communications, LLC, their affiliates, subsidiaries, successors, and assigns, the right to use, publish and broadcast his or her name, image, likeness, voice, interview, city and state online, on cable television, digitally, in print, or any other media now known or hereafter created throughout the world in perpetuity in connection with the Competition, the Program, and/or for any other editorial purposes, including but not limited to in promotions, spin-offs, derivatives of the Program, and/or other programs, without additional compensation; and (2) Citizen Pictures, LLC, Discovery Communications, LLC, and their advertising and promotional agencies permission to use, publish and broadcast his or her name, image, likeness, voice, video interview, for advertising and promotional purposes in connection with the Competition or the Program, including but not limited to in promotions, spin-offs, derivatives of the Program, and/or other programs, without additional compensation unless Participant is a resident of Tennessee or where prohibited by law.
By entering, Participants, including Finalists and Prize Winners, release and hold harmless Citizen Pictures, LLC, Discovery Communications, LLC, Instagram and Twitter and their respective parents, subsidiaries, affiliates, directors, officers, employees, attorneys, agents and representatives from any and all liability for any injuries, loss, claim, action, demand or damage of any kind arising from or in connection with the Competition, the Program, including but not limited to promotions, spin-offs, derivatives of the Program, and/or other programs, any prize won, any misuse of any prize awarded, participation in any Competition related activity, or participation in the Competition or the Program.
Participant’s, including Finalists’ and Prize Winners’, entry into the Competition constitutes their agreement to allow their entered video to be used, published and broadcast by Citizen Pictures, LLC, Discovery Communications, LLC, their affiliates, subsidiaries, successors, and assigns, and advertising and promotional agencies online, on cable television, digitally, in print, or any other media now known or hereafter created throughout the world in perpetuity, including but not limited to in promotions, spin-offs, derivatives of the Program, and/or other programs, without additional compensation.
Each Participant represents and warrants that (a) the Participant is the owner of the submitted video entry; (b) Participant will not use excessive expletives in the video submitted or in any video interview for the Program; (c) Citizen Pictures, LLC, Discovery Communications, LLC’s use of the Participant’s video entry or their appearance on the Program will not violate the rights of any other third-party; and (d) Citizen Pictures, LLC, Discovery, Inc., and Food Network will not incur liability for payment to any third-party relating to its use of the entry or Participant’s appearance on the Program. Each Participant submitting a video containing or referencing identifiable person(s) and each person referencing identifiable person(s) during their possible video call with Guy Fieri which may be used on the Program represents and warrants that they have permission of and have obtained a release from such person(s) consenting to Citizen Pictures, LLC, Discovery Communications, LLC’s use of releasors’ image, name or likeness in the video or the Program, including but not limited to for advertising, trade, and promotional purposes, and spin-offs, derivatives of the Program, and/or other programs, which will be provided to Citizen Pictures, LLC upon request. Each Participant agrees to indemnify and release Citizen Pictures, LLC, Discovery Communications, LLC and their officers, directors, employees, agents, and advertising and promotional agencies for and from any and all claims associated with the use of any submitted video or their appearance on the Program, including without limitation any rights of publicity, right of privacy, intrusion upon seclusion, publication of private facts, defamation, trade libel, false light, trademark, copyright, trespass, fraud or misrepresentation claims.
As a condition of participating in this Competition, Participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Competition shall be resolved individually, without resort to any form of class action, exclusively, before a court of competent jurisdiction located in Colorado which court shall apply the laws of the state of Colorado, without regard for rules of conflicts of law. In any such dispute, Participants shall, under no circumstances, be entitled to claim punitive, incidental, or consequential damages, or any other damages, including attorneys’ fees, other than Participant’s actual out-of-pocket expenses (if any) associated with participating in the Competition, and Participant hereby waives all rights to have damages multiplied or increased. CAUTION: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, CITIZEN PICTURES, LLC AND DISCOVERY COMMUNICATIONS, LLC, RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT PERMITTED BY LAW.
6. LIMITATIONS OF LIABILITY: Citizen Pictures, LLC, Discovery Communications, LLC, Instagram, and Twitter assume no responsibility for lost, late, misdirected, illegible, damaged, incomplete, incorrect or mutilated video entries or for any computer, online, network, electronic or internet malfunctions, failures, connections, availability, service provider, Internet, web site, or other accessibility issues, congestion, or unauthorized human intervention, or any technical malfunctions that may occur. Citizen Pictures, LLC, Discovery Communications, LLC, Instagram, and Twitter are not responsible for any incorrect or inaccurate information, whether caused by web site users or by any of the equipment or programming associated with or used in the Competition or by any technical or human error which may occur in the processing of submissions in the Competition, including but not limited to any misprints or typographical errors. Citizen Pictures, LLC, Discovery Communications, LLC, Instagram, and Twitter assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Citizen Pictures, LLC, Discovery Communications, LLC, Instagram, and Twitter are not responsible for any problems or technical malfunction of any network, on-line-systems, servers or providers, computer equipment, software, failure of e-mail or Participants on account of technical problems or congestion on the Internet or at any web site or combination thereof, including injury or damage to participants or to any other person’s computer related to or resulting from participating or downloading materials in this Competition. If, for any reason, the Competition is not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of Citizen Pictures, LLC, Discovery Communications, LLC which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Competition, Citizen Pictures, LLC, Discovery Communications, LLC reserve the right at their sole discretion to cancel, terminate, modify or suspend the Competition.
IN NO EVENT WILL CITIZEN PICTURES, LLC, DISCOVERY COMMUNICATION, LLC , INSTAGRAM, OR TWITTER, THEIR PARENTS, AFFILIATES, SUBSIDIARIES, AND RELATED COMPANIES, ADVERTISING AND PROMOTIONAL AGENCIES, OR DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, AND REPRESENTATIVES, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF PARTICIPANT’S ACCESS TO AND USE OF THE COMPETITION WEBSITE: https://citizenpictures.com/DDDFAVORITE OR THE DOWNLOADING FROM AND/OR PRINTING OF MATERIAL FROM THE SITE(S). WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
7. LIST OF WINNERS: The names of the winners will be announced on Twitter and Instagram by Guy Fieri @GuyFieri on or about August 31st 2020. For a list of winners, send a self-addressed, stamped envelope after September 30th 2020 to: Citizen Pictures, LLC, “Diners, Drive-Ins, and Dives America’s Favorites Competition Winners List,” 2800 N. Speer Blvd. Denver, CO 80211.
9. This Competition is in no way sponsored, endorsed, administered by or associated with Instagram or Twitter.