Terms & Conditions
Entry Conditions and Release
By entering, you agree to the following conditions and release:
(1) Each Contestant agrees to comply with and be bound by these Official Rules and the decisions of the Sponsors, Administrator, and/or the Competition judges which are binding and final in all matters relating to this Competition.
(2) Each Contestant also agrees to release and hold harmless the Sponsors, Administrator, and their respective parent, subsidiary, and affiliated companies/and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Competition, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability. These claims, expenses, and liability include, but are not limited to, negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a Contestant’s entry, creation of an entry or submission of an entry, participation in the Competition, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, transmission, performance, exploitation or use of entry.
(3) Each Contestant also agrees to indemnify, defend and hold harmless the Sponsors and Administrator, and their respective Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to a Contestant’s participation in the Competition and/or Contestant’s acceptance, use or misuse of prize.
A. All Submissions may be disclosed in accordance with the standards specified in the Freedom of Information Law, Article 6 of the Public Officers Law of the State of New York (“FOIL”) or other applicable laws. A respondent may provide in writing, at the time of its submission, a detailed description of the specific information contained in its Submission which it has determined is a trade secret and which, if disclosed, would substantially harm such entity’s competitive position. This characterization shall not be determinative, but will be considered by the Sponsor when evaluating the applicability of any exemptions in response to a FOIL request or of any other applicable laws.
B. Submissions will include components that will be displayed publicly on the Competition Website and other media (the “Public Submission”) and components that will not be displayed publicly unless disclosure is required in accordance with FOIL (the “Non-Public Submission”).
Except where prohibited, participation in the Competition constitutes winners’ consent to the use, by any of the Released Parties, of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
Sponsors and Administrator reserve the right to cancel, suspend and/or modify the Competition or these Official Rules, or any part thereof, if any fraud, technical failures or any other factor beyond Sponsors and/or Administrator’s reasonable control impairs the integrity or proper functioning of the Competition, as determined by Sponsors and/or Administrator in their sole discretion. Sponsors and/or Administrator reserve the right in their sole discretion to disqualify any individual or Contestant it finds to be tampering with the entry process or the operation of the Competition or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner.
Any attempt by any person to deliberately undermine the legitimate operation of the Competition may be a violation of criminal and civil law, and, should such an attempt be made, Sponsors and/or Administrator reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsors and/or Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Limitations of Liability
The Released Parties are not responsible for: (1) any incorrect or inaccurate information provided in connection with the Competition, whether caused by Contestants, printing errors or by any of the equipment or programming associated with or utilized in the Competition or for any other reason; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Competition; (4) technical or human error which may occur in the administration of the Competition or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Contestant’s participation in the Competition or receipt or use or misuse of any prize.
If for any reason an Contestant’s Submission is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Contestant’s sole remedy is another provide another Submission. No more than the stated number of prizes will be awarded.
Contestant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Competition, or any prizes awarded, other than those concerning the administration of the Competition or the determination of winners, shall be resolved individually, without resort to any form of class action; (2) any and all disputes, claims and causes of action arising out of or connected with this Competition, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate New York State Court; (3) any and all claims, judgments and awards, if any, shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Competition, but in no event attorneys’ fees; and (4) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim 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.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant, Sponsors, and Administrator in connection with the Competition, 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.