NYC Restaurant Week Photo Contest on Instagram
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Official Rules for NYC & Company's #NYCRestaurantWeek Photo Contest
This contest uses the Instagram platform, however it is not endorsed, sponsored, administrated by or associated with Instagram.
NO PURCHASE NECESSARY TO WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED. By submitting an entry to the #NYCRestaurantWeek Photo Contest, you are agreeing to be bound by the following legal terms.
The #NYCRestaurantWeek Photo Contest: (the "Competition") will begin at 7:00:00 AM Eastern Standard Time ("EST") July 20, 2015, and end at 11:59:59 AM EST August 14, 2015 ("Competition Period"). The Competition is sponsored by NYC & Company (“Sponsor”). Multiple entries are permitted. Participation is subject to all federal, state and local laws and regulations. Void where prohibited or restricted by law. You are responsible for checking applicable laws in your jurisdiction before participating in the Competition to make sure that your participation is legal and to ensure that you comply with all relevant laws. You are responsible for obtaining all passports, visas and other government-required documents and permissions needed to use a prize.
ELIGIBILITY: The Competition is open only to residents, 18 or older, of the fifty (50) United States (including the District of Columbia) at the time of entry. In order to participate, you must have access to Instagram.com. Void where prohibited by law. Employees of Sponsor, the City of New York, Instagram, prize participants and the judges or any of their respective affiliates, subsidiaries, advertising agencies or any other company or individual involved with the design, production execution or distribution of the Competition and their immediate family (spouse, parents and step-parents, sibling and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible to participate and receive prizes. The Competition is subject to all applicable United States federal, state and local laws and regulations. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Sponsors' decisions, which are final and binding in all matters related to the Competition. Winning a prize is contingent upon fulfilling all requirements set forth herein.
HOW TO ENTER: To enter, use the #nycrestaurantweek hashtag when you upload your photo(s) on instagram.com during the Competition Period. The photo and associated text are your "Entry." Entries should relate to your NYC Restaurant Week experience which could include, but is not limited to, your food, where you are or whom you're with. Entries should convey qualities of your NYC Restaurant Week experience that makes your experience unique and exciting and must be from restaurants participating in NYC Restaurant Week. Entrant should consider the quality of the photo, artistic composition, and should make sure that the entry appeals to a broad audience community.
There is no limitation on the number of entries you can make. However, you may only be the Weekly Winner one time. Meaning only one Weekly Winner position is available to each entrant regardless of his or her number of entries.
JUDGING PERIOD: The Judging Period will occur four times:
First Period: Entries submitted July 20, 2015, through 11:59 PM EST on July 26, 2015, will be considered for Week One judging.
Second Period: Entries submitted July 27, 2015, through 11:59 PM EST on August 2, 2015, will be considered for Week Two judging.
Third Period: Entries submitted August 3, 2015, through 11:59 PM AM EST on August 9, 2015, will be considered for Week Three judging.
Fourth Period: Entries submitted August 10, 2015, through 11:59 PM EST on August 14, 2015, will be considered for Week Four judging.
NYC & Company will appoint a panel of four (4) judges each week.
The judges will select four (4) winners each week (the "Weekly Winners") in its sole discretion from among all of the entries. All entries will be judged based on the following criteria, in the sole discretion of the judges:
The criteria is as follows:
(a) appeal of the composition and subject matter;
(b) overall quality of the image;
(c) interpretation of the NYC Restaurant Week experience; and
The entries that have the highest overall scores each week will be the Weekly Winners. In the event of a tie, the Weekly Winners will be selected based on the criteria described in (a), then (b), then (c) and finally (d).
FINALISTS: The entries that receive the highest overall scores during a weekly period from judges during the Judging Period will be the Weekly Winners. The Weekly Winners will be notified as follows:
First Week Period: to be announced on or about July 29, 2015
Second Week Period: to be announced on or about August 5, 2015
Third Week Period: to be announced on or about August 12, 2015
Fourth Week Period: to be announced on or about August 19, 2015
The Weekly Winners will be notified by email or direct message from NYC & Company. Each Weekly Winner will be asked to provide contact information and sign and return an affidavit and release. If a Weekly Winner does not respond to NYC & Company's notice or does not return the affidavit within 24 hours, that Weekly Winner may be disqualified and the entry with the next highest score ranked by the judges will be selected as a Weekly Winner in its place. The Weekly Winners will be posted on the #NYCRestaurantWeek Photo Contest page at Instagram.com/nycrestaurantweek once the Weekly Winners are confirmed.
WINNER SELECTION: ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE COMPETITION.
A potential winner will be notified via email on or about the dates listed in Paragraph 5 using the contact information provided by the entrant at the time of entry. The potential winner will be asked to complete an affidavit and release. If the potential winner does not respond to NYC & Company's notice or does not return the affidavit within 24 hours, that potential winner will be disqualified and the entry with the next highest score by the judges will be selected as a potential winner in its place. Return of any notification email as "undeliverable" or failure to fully comply with these Official Rules will result in disqualification. In the event of disqualification of any potential winner, the prize will be forfeited by that potential winner and the panel of judges will select a new potential winner from among the entrants with the highest votes. NYC & Company is not responsible for notifications that are misdirected, addresses that are no longer correct or for any other reason beyond the control of NYC & Company. If such potential winner cannot be contacted within a reasonable time period, if the potential winner is ineligible, if any notification is returned undeliverable or if the potential winner otherwise fails to fully comply with these Official Rules, Sponsor may award the applicable prize to an alternate winner who had the highest score remaining of the eligible entries.
Once the Weekly Winners are confirmed, NYC & Company will announce the Weekly Winners on the #NYCRestaurantWeek Photo Contest page at Instagram.com/nycrestaurantweek, where the Weekly Winners' photographs and the names of the Weekly Winners will be displayed.
The prize each week will be $250 or more in gift cards to select NYC Restaurant Week restaurants. The restaurants and amounts each week may vary. The restaurants may have certain terms and conditions that will apply. Gift cards must be used within one (1) year of the date of issue.
Weekly Winners may have their image and winning photo(s) displayed on channels which may include, but are not limited to, nycgo.com/restaurantweek, on official social media channels operated by NYC & Company,and in NYC & Company's NYC Restaurant Week booklet.
NYC & Company will announce the Weekly Winners on the #NYCRestaurantWeek Photo Contest page at Instagram.com/nycrestaurantweek where the winning photograph and the name of the Weekly Winner will be displayed. Three (3) prizes will be awarded each week. If a selected Weekly Winner is not eligible, in Sponsor's sole judgment, the judging panel will select a new Weekly Winner from among the weekly entries.
Prize does not include assistance with or travel costs or other expenses, if required. No cash in lieu of prize. No substitution of prizes is permitted except by Sponsor. Prize is not assignable or transferable. Limit one prize per person. If a Weekly Winner cannot participate for any reason, that Weekly Winner will forfeit the prize and NYC & Company may, at its option and in its sole discretion, select an alternate winner or the prize may not be awarded. All of the prize elements are subject to change and shall be determined by NYC & Company in its sole discretion.
The Approximate Retail Value (ARV) of each of the Winning Prizes is between $250 and $800 (amounts to vary each week). Certain restrictions, as determined by Sponsor, may apply. All specifics of the event will be at Sponsor's discretion. If Winner cannot comply with these restrictions or any other portion of these Official Rules, the prize will be forfeited in its entirety and an alternate Weekly Winner will be chosen.
All federal, state and local income taxes on prize and gratuities are solely the responsibility of the Weekly Winner. Payments to potential Weekly Winner are subject to the express requirement that they submit to the Sponsor all documentation requested by the Sponsor in compliance with all applicable state, federal and local tax reporting and withholding guidelines. All prizes will be net of taxes Sponsor is required by law to withhold. The Weekly Winner is responsible for ensuring that he/she complies with all the applicable tax laws and filing requirements. If the Weekly Winner fails to provide such documentation or comply with such laws, the prize may be forfeited and the Sponsor may, in its sole discretion, select an alternate potential Weekly Winner.
OWNERSHIP OF ENTRIES: NYC & Company does not claim any ownership rights in your Entry. By using #nycrestaurantweek on Instagram to submit an Entry, you agree to be bound by these Official Rules and grant NYC & Company a non-exclusive, fully paid-up and royalty-free, worldwide license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate your Entry, including without limitation the right to distribute all or part of your Entry in any media formats through any media channels in perpetuity.
By submitting an Entry, you consent to the use, by NYC & Company, its affiliates, subsidiaries, parents and licensees, of your name, likeness and image, in connection with the Competition and NYC & Company's related marketing activities, in any media or format now known or hereafter invented, in any and all locations, without any payment to or further approval from you. You agree that this consent is perpetual and cannot be revoked.
You acknowledge that the Competition is not sponsored by, endorsed by, administered by or associated with Instagram, and that your Entry is being provided to NYC & Company and not to Instagram. You agree that nothing in these Official Rules grants you a right or license to use the NYC & Company name or any NYC & Company trademark or service mark.
- WARRANTIES: By submitting an Entry, you represent and warrant that your Entry:
1. is your own original work;
2. does not contain material or images that are, in NYC & Company's sole judgment, obscene, inappropriate for a general audience that may include minors or defamatory;
3. does not violate or infringe upon the copyrights, trademarks, rights of privacy, publicity or other rights of any person or entity;
4. does not contain malicious code, such as viruses, timebombs, cancelbots, worms, Trojan horses or other potentially harmful programs or other material or information;
5. does not feature the likeness of a private individual without that individual's explicit written permission for its use;
6. does not and will not violate any applicable law, statute, ordinance, rule or regulation; and
7. does not trigger any reporting or royalty obligation to any third party.
You further represent and warrant that the rights that you are granting under these Official Rules do not conflict in any way with any other agreement to which you are a party, or with any commitments, restrictions or obligations that you are under to any other person or entity.
OTHER THINGS TO KNOW
Entry Conditions and Release
By entering, each Contestant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor, Instagram and/or the Competition judges which are binding and final in all matters relating to this Competition; (b) release and hold harmless the Sponsors, and their respective parent, subsidiary and affiliated companies, the prize suppliers 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, including but 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; and (c) indemnify, defend and hold harmless the Sponsors 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.
Except where prohibited, participation in the Competition constitutes Weekly Winners' consent to Sponsor's and their agents' use of Weekly Winner's name, likeness, photograph, voice, opinions and/or hometown and state for promotional purpose in any media, worldwide, without further payment or consideration.
Sponsors reserve the right to cancel, suspend and/or modify the Competition, or any part of it, if any fraud, technical failures or any other factor beyond Sponsors' reasonable control impairs the integrity or proper functioning of the Competition, as determined by Sponsors in their sole discretion. Sponsors reserve the right in their sole discretion to disqualify any individual or Competitor 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 reserve the right to seek damages from any such person to the fullest extent permitted by law. Sponsors' failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsors are not responsible for, nor are they required to count, incomplete, late, misdirected, damaged, unlawful or illicit votes, including those secured through payment, votes achieved through automated means or by registering more than one email account and name, using another Contestant's email account and name, as well as those lost for technical reasons or otherwise.
Limitations of Liability
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Competition, (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 receipt or use of any prize. If for any reason an entrant's submission is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, entrant's sole remedy is another provide another submission. No more than the stated number of prizes will be awarded.
Entrant 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 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 and Sponsors 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 of 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
For Competition results go the #NYCRestaurantWeek Photo Contest page at Instagram.com/nycrestaurantweek on or about the applicable dates listed in Paragraph 5 above.
Sponsor: NYC & Company, 810 Seventh Avenue, New York, NY 10019