NYC - The Official Guide

NYC & Company It's Time Canada Sweepstakes Official Rules

It’s Time Sweepstakes

NYC & Company
OFFICIAL RULES

To participate in the Sweepstakes, you must agree to and abide by these Official Rules.

NO PURCHASE NECESSARY TO ENTER OR FOR A CHANCE TO WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. INTERNET ACCESS AND VALID E-MAIL ADDRESS REQUIRED.

ELIGIBILITY: SWEEPSTAKES OPEN ONLY TO LEGAL RESIDENTS OF CANADA (EXCLUDING QUEBEC) WHO ARE AT LEAST EIGHTEEN (18) YEARS OF AGE OR AGE OF MAJORITY IN JURISDICTION OF RESIDENCE (WHICHEVER IS OLDER) AT TIME OF ENTRY. VOID IN QUEBEC AND WHERE PROHIBITED BY LAW.

1.  Sponsor: New York City & Company, 810 Seventh Ave., 3rd Fl, New York, NY 10019 USA(“Sponsor”).
 

2. Administrator: Probability LLC, 2 Woodstock Meadow Ln, PO Box 1484, Woodstock, NY 12498 USA (“Administrator”).
 

3. Eligibility: The “It’s Time Sweepstakes” (“Sweepstakes”) is open only to legal residents of Canada (excluding Quebec), who are at least eighteen (18) years of age or age of majority in their jurisdiction of residence (whichever is older) and who have a valid e-mail account and Internet access. Employees of Sponsor, Administrator, Mastercard International Incorporated, Hilton Worldwide Holdings, Inc., any organizations or individuals responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, or supplying the prize (or any element thereof), and/or their respective parent, subsidiary, affiliated and successor companies (collectively, the "Promotion Entities"), and the immediate family and household members of any of the foregoing individuals, are not eligible to enter or win. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. "Household members" shall mean people who share the same residence at least three (3) months a year, whether related or not. Potential winner will be required to provide proof of eligibility prior to prize award. Offered only to residents of Canada.  Void in Quebec, elsewhere and where prohibited or restricted by law.


4.  Sweepstakes Schedule: Sweepstakes begins on or about at 12:00:00 a.m. Eastern Time (“ET”) on March 1, 2022 and ends at 11:59:59 p.m. ET on April 12, 2022 (“Promotion Period”). Administrator’s computer is the official clock for the Sweepstakes.
 

5.  Sweepstakes Entry: During the Promotion Period, navigate the internet to https://business.nycgo.com (“Website”) and click on the Sweepstakes banner. Complete the online entry form to enter the Sweepstakes for a chance to win a prize trip to New York City. (On the entry form, you will be asked to provide your full name, phone number, e-mail address and postal code; your e-mail address and/or phone number will only be used to contact you if you are the potential Prize winner.)


CLICK THE CHECK BOX SIGNIFYING THAT YOU MEET THE SWEEPSTAKES ELIGIBILITY REQUIREMENTS AND HAVE READ AND AGREE TO THESE OFFICIAL RULES. IF YOU DO NOT CHECK THE BOX INDICATING YOUR CONFIRMATION OF AND AGREEMENT TO THE ABOVE, YOU WILL NOT BE ENTERED IN THE SWEEPSTAKES AND CANNOT WIN THE PRIZE. 

To receive up to five (5) additional entries, follow the prompts on the Website and share your Itinerary via e-mail with friends (that is, someone who is personally known to you, who is eligible for the Sweepstakes as per Rule 3 above and whom you believe would be interested in Sponsor and this Sweepstakes.) If your friend clicks on the designated hypertext link, opens the e-mail and thereafter enters the Sweepstakes you will receive one (1) additional entry. (Providing the name and e-mail address of a friend, in and of itself, will NOT result in receipt of an additional entry.) You are strongly advised to secure the friend’s permission prior to sharing the Sweepstakes with them. To the extent applicable, potential winner may be required to provide proof of such consent prior to prize award

Limit of six (6) entries (i.e., one [1] entry per person per day). A “day” is defined as starting at 12:00:00 AM ET and ending at 11:59:59 PM ET. Multiple entries in violation of the preceding entry limit and/or mass entry attempts will result in disqualification of all entries by such person. Entries must be manually key-stroked by the entrant; use of automated entry devices or programs, or entries by third parties are prohibited. Entries that do not conform to or that violate these Official Rules or are submitted in any manner other than stated in these Official Rules will be disqualified. Proof of submission of entry does not constitute proof of receipt of same. Should receipt of entry be acknowledged, such acknowledgement does not constitute any representation as to Sweepstakes eligibility, notification of winning nor is it otherwise binding upon Sponsor or Administrator. By entering this Sweepstakes, entrants agree to these Official Rules and the decisions of the Administrator and Sponsor, which are binding and final in all matters relating to this Sweepstakes.

Entries that are incomplete, garbled, corrupted, jumbled, inaccessible, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant, the authorized account holder of the e-mail address used to enter will be deemed to be the entrant. “Authorized account holder” is defined as the person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. By accepting the prize (except where prohibited by law) winner consents to use by Sponsor and its designees (including prize partner[s]) of their name, city, province/territory, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without further compensation, notification, permission, or approval.

If you choose to participate in the Sweepstakes by using your wireless mobile device, data rates may apply for each message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless Internet access) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Sweepstakes. Mobile device service may not be available in all areas. Check your phone's capabilities for specific instructions.


6.  Random Drawing/Selection of Winner: Potential prize winner (“Prize Winner”) will be selected in a random drawing to take place on or about April 13, 2022. Prize Winner will be selected from among all eligible entries received during the Promotion Period. Drawing will be conducted by Administrator, an independent judging organization/administrator whose decisions are final and binding on all matters related to the Sweepstakes. Drawing will be held at the offices of Administrator as set forth above.

 

7.  Winner Notification: Potential Prize Winner will be notified by e-mail and/or phone on or about April 13, 2022  and will be required to complete, sign and return within three (3) U.S. business days of date of notification an Affidavit of Eligibility, Liability Release and Indemnification, a Publicity Release where allowed by law, W8-BEN Tax Form, as well as other documents that Sponsor may require (collectively the "Prize Claim Documents"). Potential winner must first correctly answer a mathematical skill-testing question within a predetermined time limit in order to be determined the prize winner. Failure to respond to the initial notification within three (3) U.S.  business days after notification, return of e-mail notification as undeliverable after two (2) attempts, or failure to return the completed and signed Prize Claim Documents within the indicated time period will result in disqualification, prize forfeiture and selection of an alternate potential Prize Winner from among all remaining eligible entries received during the Promotion Period.

8.  Prize, Approximate Retail Value (“ARV”) and Odds:

Prize: Prize Winner will receive a 6-day/5-night trip for the Winner and up to three (3) guests to New York City. The Prize includes: coach-class air transportation for the winner and up to three (3) guests to New York, NY area airport from international airport near winner’s residence; 6-day/5-night hotel accommodations (one standard room, double occupancy) in a hotel of Sponsor’s choice in the New York City area; round-trip transportation to and from New York area airport and hotel; one (1) $1,500.00 (US Dollars) prepaid debit card. ARV of prize: 7,942.74 CAD

Actual final value of the Prize may vary depending upon point of departure and fare fluctuations; and, under no circumstances will Winner receive the difference between ARV and actual final value of Prize trip in cash (or otherwise). Prize trip is for the Winner and his/her guest(s), is non-transferable and cannot be extended beyond the date set forth below. Prize Winner is solely responsible for all other expenses not specified herein, including but not limited to: roundtrip transportation between Winner’s residence and departure airport, as well as meals, tips, taxes and hotel incidentals.

Prize trip must be completed by April 30, 2023. Travel dates, as proposed by Prize winner, must be approved by Sponsor in its sole discretion. Prize winner must provide Sponsor with three (3) possible travel dates with at least six (6) weeks’ advance notice prior to the earliest potential date of departure; however, Sponsor’s decision as to actual travel dates is final and binding. (Winner understands and agrees that he/she may not receive his/her first choice of travel date.) Once travel is booked, travel dates cannot be changed unless by Sponsor in its sole discretion. If winner is unable to travel once the travel dates are booked, the prize will be forfeited in its entirety and Sponsor will have no further obligations to winner. (To receive Mastercard Gift Card element of prize, winner must take prize trip.)

If Winner travels without less than the full allotment of guests, prize will be awarded in increments only for the number of travelers (i.e., the winner him/herself) but winner will not receive any substitute prize or compensation in conjunction therewith. For the avoidance of doubt, the preceding includes the Winner only receiving flights for him/herself but will NOT affect the value of the prepaid gift card element of prize.

Guest(s) of the Winner (if a minor, his/her parent or legal guardian) must sign and return a Liability Release and a Publicity Release (where legal) prior to issuance of travel documents. Guest(s) who are a minor must be accompanied by his/her parent or legal guardian, who must be the Winner or one (1) of the other guests. Winner and his or her guest(s) must travel together on the same itinerary and possess all required travel documents, including valid passport. Air transportation tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All air transportation tickets are subject to the vagaries of flight variation, work stoppages and schedule or route changes.

Prize Winner and his/her guest(s) must follow all instructions of Sponsor relative to the Prize trip. Failure to do so may result in forfeiture of the prize. Should Prize Winner and/or guest(s) fail to adhere to any such instructions or engage in unruly, obnoxious, illegal, threatening, or otherwise inappropriate behavior (as determined by Sponsor in its sole discretion), Sponsor reserves the right, without further notice or warning, to terminate the trip or other applicable experience early, in whole or in part, and send Prize Winner and/or Winner’s travel guest(s) home and/or take other actions as Sponsor deems appropriate in its sole discretion without any liability or other obligation to Winner or guest(s). The preceding includes but is not limited to Prize Winner and/or Winner’s travel guest(s) failing to comply with government mandates or protocols established by Sponsor and/or any prize supplier so as to prevent the spread of COVID-19/Coronavirus, including, by way of example only, failure to wear a mask, engage in social distancing, complete a health questionnaire, undergo a COVID-19/Coronavirus test or show proof of vaccination (if and as applicable). Winner and guest(s) (if a minor, his/her parent or legal guardian) further understand and agree that they may be subject to quarantine for a certain period of time upon return to Canada from New York City, at their sole expense.

SPONSOR AND ADMINISTRATOR MAKE NO WARRANTY, REPRESENTATION OR GUARANTEE REGARDING ANY ELEMENT OF THE PRIZE, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILTY OR FITNESS FOR THE INTENDED PURPOSE. THE ONLY WARRANTIES – IF ANY -- ARE THOSE OF THE PRIZE MANUFACTURER/SERVICE PROVIDER/PRIZE SUPPLIER.

9.  Additional Prize Restrictions: No substitution or transfer of prize except with Sponsor’s permission or where required by law. Sponsor in its sole discretion may award a substitute prize or prize component of equal or greater value if advertised prize/prize component is unavailable at time of awarding for any reason. All taxes are the sole responsibility of the winner. Prize Winner agrees to fully cooperate with Sponsor/Administrator in conjunction with the fulfillment of all government reporting requirements so that Sponsor may report such winning to the U.S. Internal Revenue Service (to the extent required by law). Prize Winner may also be subject to U.S. foreign withholding tax.

 

10.  Limitations of Liability: Sponsor and its agencies (including Administrator) are not responsible for failed, partial or garbled computer transmissions, or for technical failures of any kind, including but not limited to human, typographical, printing or electronic malfunction or damage of any network, hardware or software. If for any reason the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures beyond Sponsor's control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes and/or disqualify any individual who tampers with (or attempts to tamper with) the entry process/operation of the Sweepstakes (or any part thereof). In such event, Sponsor shall conduct the Sweepstakes and make the prize available in a manner which is fair, appropriate and consistent with the spirit of these Official Rules, as determined by Sponsor in its sole discretion. Notice of cancellation/termination/modification/suspension of Sweepstakes will be posted on the Website. No responsibility is assumed for any error, omission, interruption, deletion, defect, delay in operation, recordation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail, or electronic entry to be received or recorded on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to entrant's or any other person's computer or mobile phone/device (or data/information stored thereon) related to or resulting from participation in or downloading any materials from this Sweepstakes.


The Released Parties (as defined in Rule 11 below) are not responsible for electronic communications that are undeliverable or do not reach entrant as a result of any form of active or passive filtering of any kind or insufficient space in a potential winner’s e-mail or voicemail inbox to receive e-mail or voicemail messages. Released Parties are not responsible, and will disqualify you, if your e-mail address or other contact information does not work or is changed without prior written notice to Sponsor/Administrator.

Participants agree not to knowingly damage or cause interruption of the Sweepstakes and/or prevent others from participating in the Sweepstakes.

CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE(S) OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE OR AN INDIVIDUAL OTHERWISE ATTEMPTS TO DEFRAUD SPONSOR OR ADMINISTRATOR, SPONSOR/ADMINISTRATOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.

11.  Release and Additional Conditions of Participation: By participating, participants agree to be bound by and abide by these Official Rules and the decisions of Sponsor and Administrator, which shall be final and binding in all respects. By participating in this Sweepstakes, participants agree to release and hold harmless Sponsor, Administrator, Mastercard International Incorporated, Hilton Worldwide Holdings, Inc., each of their respective parents, subsidiaries, affiliated and successor companies, advertising and promotion agencies, organizations/individuals supplying the prize (or any element thereof) and each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors, representatives and assigns, as well as Facebook, Inc. and Twitter, Inc. (collectively, the "Released Parties") from any and all actions, claims, injury, death, loss or damage to person(s) or property arising in any manner, directly or indirectly, from participation in this Sweepstakes and/or acceptance, possession, receipt or use/misuse of prize. By participating, participants also authorize the Sponsor and its designees (including prize providers) to use the participant’s name, voice, likeness, photograph, prize information, biographical data and city and province/territory of residence in programming, advertising, trade and/or promotional material or on a winner’s list (if applicable) without compensation or notice, to the extent permitted by law. Sponsor is not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials, at Sponsor's sole discretion, without obligation or compensation.


12.  DISPUTES: To the fullest extent permitted by law, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or the awarding of the prize shall be resolved individually, without resort to any form of class action, and exclusively by the courts within the County of New York, State of New York, USA;  (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion (if any), 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 (if any), and any and all rights to have damages multiplied or otherwise increased as well as waiving any rights to an injunction or other forms of equitable relief. 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 Promotion shall be governed by, and construed in accordance with, the laws of the State of New York, USA, without giving effect to any choice of law or conflict of law rules (whether of the State of New York, USA or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York, USA.
 

13.  Entrant’s Personal Information: By entering the Sweepstakes, you consent to the collection, use and disclosure of your personal information for the purpose of administering the Sweepstakes and prize fulfillment. You will also have the opportunity to sign up to receive promotional and reminder e-mails from Sponsor. Consenting to receive promotional and/or reminder e-mails is optional, does not have to be agreed to in order to be eligible to participate in the Sweepstakes and does not improve your chances of winning.


By entering the Sweepstakes, you further consent to have your personal information transferred, processed and stored in the United States. If you are not comfortable with the level of data protection provided under United States law, your sole recourse is to refrain from entering the Sweepstakes.


New York City and Company with an address of 810 Seventh Ave., 3rd Fl, New York, NY 10019 USA is responsible for the use and protection of your personal data and will use it for the purposes of the Sweepstakes and to contact you in conjunction with Sweepstakes administration and prize fulfillment, to send marketing materials and offers to purchase products/services through New York City and Company and its member organizations (if you consent to receive such materials) and to comply with applicable laws and regulations related to the purchase products/services through New York City and Company and its member organizations (again, if you consent to receive the corresponding materials). For more information about the processing of your personal data and your rights, please read New York City and Company’s privacy policy at (https://business.nycgo.com/privacy/).


14.  Winner List: For the Prize Winner’s name, send an email to winnerslist@probabilityworks.com with “The NYC Its Time Winners (Canada)” in the subject line, for receipt no later than April 29, 2022 at 5:00 pm ET.


This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram or Twitter.