This Sweepstakes is sponsored by De Longhi America Inc., doing business as ‘De’Longhi’ (“De’Longhi”, “Sponsor”, “we”, “our” or “us”). By entering, participating or accepting a prize or award, each entrant (“you”, “your”) unconditionally agrees to and accepts these Official Rules as a legally binding and enforceable contract. A copy of these Official Rules is available at delonghi.com/en-ca/prime-day-sweepstakes-official-rules.
WHO IS ELIGIBLE: The Sweepstakes is open only to individuals who are considered an adult and of the age of majority where you legally reside and who are legal residents of the United States and Canada. Officers, directors, employees, managers and owners of the Sponsor, its parent, subsidiaries and affiliated companies, as well as its and/or their advertising and promotional agencies, suppliers, contractors, vendors and licensees (the “Sponsor Entities”), and any immediate family members (spouse, parents, siblings and children) or individuals residing in the same household as any these individuals are not eligible to enter or participate in the Sweepstakes or to win or be awarded a prize.
ENTRY PERIOD & DEADLINE: The Sweepstakes entry period begins on June 26th, 2023 at 12:01:00 a.m. U.S. Eastern Time (“ET”) and will end at 11:59:59 p.m. ET, on July 10th, 2023 (the “entry period”) and your entry must be received by us before the end of the entry period in order to be entered and eligible to win. Proof of your submission or transmission of an entry will not be deemed to be proof of receipt by us within the entry period and we are not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, which will be disqualified. The date and time of our actual receipt of your entry, as recorded by our systems, is the sole and exclusive mechanism by which your entry will be considered received or not received within the entry period.
HOW TO ENTER: No purchase is necessary to enter or win. During the entry period, if you are an eligible individual, simply complete the online entry form on our Sweepstake webpage at delonghi.com/en-ca/prime-day-sweepstakes (the “Sweepstakes Web Page”) and submit your entry to us using the link provided. No other methods of entry are or will be accepted. Entries will be deemed made by the identifiable owner of the email account applicable to the submission of the entry, at the time the entry is submitted. In the event of a dispute, entrant may be required to provide proof that she or he is the owner or authorized holder of the identified account.
There is a limit of only one (1) entry per person and if you submit or attempt to submit more than one (1) entry, we have the right to disqualify you and any and all entries you have submitted or attempted to submit and you will be ineligible to participate or win a prize.
PRIZE: One lucky winner will be given a choice of selecting either a De’Longhi brand La Specialista Arte Metal Black Espresso machine (Approximate retail value USD$699.95/CDN$949.99, although sale prices may be lower at times) or the De’Longhi Brand Magnifica Evo with Frother Espresso Machine (Approximate retail value USD$899.95/CDN$1,199.99, although sale prices may be lower at times). We reserve the right to substitute any prize for a prize award of equal or greater value. Legal residents of United States of America: Since the value of either of the prizes available to be selected by the winner is in excess of $600, we are required to issue an IRS Form 1099-MISC to you, sending a copy to the IRS, in an amount equal to the fair market value of the prize you received, inclusive of sales or other transaction taxes that would otherwise apply to you.
All applicable federal, state, provincial and/or local income, withholding taxes and/or other costs and expenses associated with the acceptance, receipt and use of all or any portion of any prize that is not expressly specified in these Official Rules are the sole responsibility of the winner. We cannot be, are not and will not be responsible if the winner of any prize is unable to accept or use all or any portion of the prize, due to any failure to qualify or comply with these Official Rules or restrictions imposed by law, regulation or other rules or requirements that apply to a winner or prospective winner’s acceptance, receipt or use of any prize award. If any prize winner fails to comply with any applicable restrictions, requirements or rules, or fails to comply with these Official Rules in any way, the prize winner may be disqualified and will forfeit any prize award. Except for our right to substitute a prize of equivalent or greater value, no prizes may be transferred, substituted or exchanged, nor cash equivalent allowed.
WINNER SELECTION & NOTIFICATION: Drawing for the prizes will take place on or about July 14th, 2023 and will be conducted by the Sponsor and we will begin attempting to contact the potential winner a few days after the potential winner is selected. We will select the potential prize winner at random from the eligible entries received during the entry period and attempt to notify the potential prize winner using the contact information provided in connection with the individual’s entry. If any initially selected potential prize winner (a) cannot be notified within five (5) days after the drawing or (b) receives our notification but fails to respond to us or provide the information and documentation required by these Official Rules within seven (7) days of being notified, or (c) in the event of non-compliance with any of these Official Rules at any time or (d) for Canadian residents, failure to provide the correct answer to the mathematical skill-testing question without any assistance within the time allocated, the potential prize winner will forfeit receiving any prize, and an alternate potential prize winner will be selected at random from the remaining eligible entries received. Being declared the prize winner and being awarded a prize is contingent upon your compliance with and fulfilling all Sweepstakes rules and requirements and we may disqualify you if you fail to do so.
In order to claim a prize, the potential winner will need to notify us which of the two (2) available De’Longhi brand Espresso machines are selected to be received as the prize award and as part of the documentation we will ask you to sign, each prize winner will be required to sign and return an Affidavit of Eligibility & Liability Release Form. If the potential prize winner returns the required documentation properly completed and signed and has complied with all the Official Rules, we will award the potential prize winner the prize she or he has selected. If the potential prize winner fails to properly complete, sign and return the required documentation within the required time period, that individual will be disqualified and declared ineligible and we will select and contact the next alternate potential prize winner as described above.
Prize includes delivery to one (1) US or Canadian address only, as supplied by the potential winner. Allow 6-8 weeks for delivery.
For residents of Canada only: potential winner must correctly answer a time-limited mathematical skill-testing question, without assistance of any kind (whether mechanical or otherwise) administered at a mutually agreeable time to claim a prize, otherwise the prize will be forfeited.
The decisions of the Sponsor in all respects applicable to the Sweepstakes, including, without limitation, eligibility of entrants, entries, selection of potential prize winner, compliance with these Official Rules and award of prizes, are and will be final and binding in all respects.
DISCLAIMER & RELEASE: By entering and participating in the Sweepstakes, each entrant: (i) assumes responsibility for all risks and liability for any damages, losses or injury sustained, incurred, caused or claimed to be caused as a result of participation in the Sweepstakes and/or the acceptance, awarding, receipt, use and/or misuse of any prize; and (ii) releases and agrees to indemnify and hold the Sponsor Entities harmless from and against any and all losses, damages, liability, costs and expenses based on any demand, claim or cause of action associated with and/or arising out of participating in the Sweepstakes and/or the acceptance, awarding, receipt, benefit from and/or use (or misuse) of all or any portion of the prize, including, but not limited to, claims based on rights of privacy and/or publicity.
This Sweepstakes is in no way sponsored, endorsed, administered by or associated with Facebook or Instagram (or Meta, the parent company). You understand that even though you may have learned about the Sweepstakes on their or any other social media platform, should you wish to enter, your browser will be redirected to our webpage to do so. The information you provide as part of your entry and participation are provide to us, not them and they have no liability or responsibility at all for the Sweepstakes.
The prize winner, prior to being awarded a prize must deliver to us a fully completed and properly executed Affidavit of Eligibility & Liability Release Form prior to being entitled to the award of a prize.
DISPUTES: The interpretation and validity, all issues involving or related to these Official Rules and this Sweepstakes, including, without limitation, the rights and obligations of the parties, shall be construed, enforced and governed exclusively by the substantive laws of the State of New Jersey, without reference to any conflict of laws principles that might result in the application of the laws of any other jurisdiction. By entering, participating or accepting a prize, each entrant is agreeing that: (1) all decisions and determinations of the Sponsor are final and binding for all purposes relating to or associated with the Sweepstakes; (2) any and all disputes, claims, controversies and causes of action arising out of or connected with this Sweepstakes, shall be resolved with you individually, without resort to any form of class action, and exclusively by the Federal or State Courts located in the State of New Jersey; (2) any and all claims, judgments and awards to you shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes not to exceed $100, but in no event attorneys’ fees; and (3) under no circumstances will you or anyone claiming under or through you, be permitted to seek, claim or obtain a judgment awarding, and you hereby waive all rights to claim, any indirect, incidental, consequential, punitive, special, exemplary and/or any other damages, regardless of the form of action or basis of the claim and whether or not foreseeable and regardless of whether a party has been notified of the possibility of such damages.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
LIST OF PRIZE WINNER: After the prize in this Sweepstakes are awarded and continuing for a period of at least 6 months thereafter, you may be informed of the prize winner by sending your request along with a stamped, self-addressed envelope to:
De’Longhi America Inc.
2 Park Way 3rd Floor
Upper Saddle River, NJ 07458
Attn: Prime Day Sweepstakes
You should also use this address to contact us regarding the Sweepstakes if you have any questions about these Official Rules