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TIME OUT MARKET HALLOWEEN COSTUME OFFICIAL RULES FOR TIME OUT AMERICA LLC (“TIME OUT”)
ELIGIBILITY: Time Out Market Costume Contest (“Contest”) is open to legal residents of the United States who are 21 years of age and older and who are physically located and reside in the New York State at time of entry and who are willing and able to participate in a photo contest via Instagram ("Entrant"). The Winner must be available to collect their prize at Time Out Market New York and on a date agreed with Time Out. For avoidance of doubt Time Out will not cover any travel or associated costs related to the Winner collecting their prize. Void in Puerto Rico and where prohibited. Employees, directors and officers, and their immediate families (spouse, parents, children, siblings, and their respective spouses), and their respective household members (whether related or not), of Time Out (“Sponsor”) its affiliates, subsidiaries, and divisions advertising and promotion agencies and prize partners are not eligible to enter. This Contest is subject to all applicable federal, state, and local laws. US law governs this Contest. Notwithstanding anything to the contrary, the Contest is void where prohibited. There is no purchase requirement to enter the Contest. Purchases do not improve the chances of winning. This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram.
ENTRY PERIOD: The entry period (“Entry Period”) for the Contest is the following:
Starts 29 October 2020 and ends on 2 November 2020 at 6:00 pm Eastern Standard Time.
METHOD(S) AND DETAILS OF ENTRY: The method of entry is outlined below:
Instagram. An entry (“Entry” or “Entries”) will be completed once you post a high-resolution photo that you have taken a photo of you in your costume and use the hashtag #timeoutmarket to confirm your entry (“Content”). It is a requirement that your Instagram Profile is public to enter, you have complete rights to image and everybody and thing in it and that you use the correct hashtag.
Once an Entry has been submitted, an Entrant will automatically receive one entry in the Contest. Electronic entries will be deemed made by the authorized account holder of the email address associated with the Instagram Handle submitted at time of entry. The "authorized account holder" is deemed to be the natural person who is assigned to a particular e-mail address by the applicable 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. A potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry. Limit one (1) entry per person and per e-mail address. More than one (1) entry from any person or from any e-mail address will void all entries from that person or e-mail address, as applicable. Any attempt by a person to enter more than once with multiple email accounts may result in disqualification at the discretion of the Sponsor upon verification of potential winners.
CONTENT SUBMISSION: By entering the Contest, Entrants grant Sponsor, its agents, subsidiaries and affiliates (the “Licensees”) a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, database rights and any other rights entrant has in the Entry, in any media now known or hereafter devised (including without limitation, the internet), without any compensation. Further, by entering the Contest, entrant grants Licensees the additional license to modify, adapt, translate, create derivative works from, and distribute the Entry (with the understanding that Licensees are under no obligation to do so), or incorporate the Entry into any form, medium or technology, including the right, at each Licensee’s sole discretion, to publish the Entry and to use the Entry for advertising and promotional purposes. Licensees shall not be required to designate entrant as the creator or author of Entry that is distributed or otherwise exploited by Licensees, or include any references to entrant on, or in connection with, any Entry that is distributed or otherwise exploited by Licensees.
Entrants warrant that any Content submitted to the Sponsor will not infringe intellectual property rights, copyrights, registered or unregistered trademark or proprietary rights of any third parties and any applicable copyright and trademark regulations and laws and will be their own original work. Entrants assume responsibility for the Content provided to the Sponsor and warrant and represent that any Content submitted has been taken with the requisite written consent from any third-party pictures or referenced if and where required by applicable law (including but not limited to video, audio, photos or any third-party trademark or logos). If requested by the Sponsor, entrants agree to provide a written legal release for the use of the Content in a form that is satisfactory to the Sponsor. Entrants understand that the Content must not defame or invade publicity or privacy rights of any person, living or deceased, or otherwise infringe upon legal rights. Entrants understand that the Sponsor reserves the right to reject any submitted Content it considers in its sole discretion to be immoral, objectionable, obscene, and profane or in violation of these Rules.
WINNER SELECTION: The winning Entry (“Winner”) will be selected two (2) days after the end date of the Entry Period. One winner will be selected by a panel of judges from the Time Out editorial team, which will select the winner for the purpose of this competition. The entries will be judged according to clarity of expression, visual appeal, composition and how delicious your photo looks!. Winners will be contacted by a Time Out representative by direct message via Instagram within 48 hours from the end date of the competition and are required to confirm acceptance of the prize within three (3) days of notification. Winners must be 21 years of age or older unless otherwise stated. Prize is as described above; no cash alternatives will be given.
There will be two Winners of the Prize. The Winners will be contacted by Sponsor by telephone or email within three (3) days from the end date of the Entry Period for the Contest and the Winners must confirm acceptance of the Prize (as defined below) within seventy-two (72) hours of notification. If Sponsor is unable to contact the Winner to confirm their acceptance of the Prize within the allotted time period, Sponsor reserves the right to select another Winner drawn using the same selection procedure. Sponsor shall have no liability to a previously selected Winner who have not responded in time. Sponsor reserves the right to ask the Winner to provide proof of age and/or state of residence. The Winner may be announced on the Sponsor website for at least thirty (30) days’ after the Prize has been awarded and as such, Sponsor will have the right (without additional permission being required) to use the Winner’s names, age and town/city for that purpose and they may be requested by Sponsor to participate in post-event publicity both in paper and online. The Winner agrees to provide any information required by Sponsor to fulfil the Prize as per applicable laws, such as the Winner’s social security number when and if required for tax regulation compliance purposes. In addition, the Winner may be asked to complete a general release and an affidavit of eligibility.
PRIZE. The Prize is valued at $100 US dollars and includes one (1) Time Out Market Card for use at Time Out Market New York or Boston. The Time Out Market Card is subject to these terms and conditions of use: https://www.timeoutmarket.com/newyork/time-market-cards-terms-use/ The Prize is non-transferable and non-refundable. No cash alternative is available for the Prize. In the unlikely event that the Prize should become unavailable or unredeemable, Sponsor reserves the right to substitute an alternative prize which it reasonably determines as being of equal value. All taxes and any other costs not specifically stated within these Official Rules are the sole responsibility of the winner. Prize may not be transferred, substituted or redeemed for cash, except at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize of equal or greater value if advertised prize is unavailable at the time the prize is awarded. A Form 1099 may be issued to the Winner.
WARRANTY: Each Entrant hereby warrants that all information submitted is true, current and complete. Each entrant represents and warrants that: 1) he/she is the original author and creator of the Entry and that the Entry complies with these Official Rules; 2) the Entry is original, has not been previously published and has not previously won any award or Contest; 3) the Entry does not and will not infringe any third party’s copyright, patent, trademark, trade secret or other intellectual property or proprietary rights or rights of publicity or privacy; 4) that the Entry is not the subject of any actual or threatened litigation or claim; 5) the Entry is not obscene, offensive, libelous, pornographic, threatening, abusive, contain illegal content, or otherwise objectionable; 6) the Entry does not encourage a criminal offense or otherwise give rise to liability or violate any law; 7) the Entry does not display any logos or trademarks not owned by the Entrant; 8) the Entry does not include any disparaging remarks relating to the Sponsor or any 3rd Party. Entrant acknowledges that nothing herein shall constitute an employment, joint venture, or partnership relationship between entrant and Sponsor. In no way is entrant to be construed as the agent or to be acting as the agent of Sponsor in any respect. Sponsor reserves the right to verify the eligibility Entrants. Sponsor does not accept responsibility for lost, damaged, invalid or illegible Entries.
LIMITATION OF LIABILITY: ENTRANTS HEREBY AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS TIME OUT AMERICA, LLC AND EACH OF ITS AFFILIATES, SUBSIDIARIES, DIVISIONS, ADVERTISING AND PROMOTION AGENCIES, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS AND PRIZE PARTNERS, INCLUDING PRIZE PROVIDER (COLLECTIVELY, THE “RELEASEES”), FROM ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGE OF ANY KIND, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, RESULTING FROM PARTICIPATING IN THIS CONTESTS, OR FROM THE ACCEPTANCE, POSSESSION, OR USE OR MISUSE OF ANY PRIZE AWARDED OR PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OF DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES. PARTICIPANTS AGREE THAT SPONSOR HAS NOT MADE NOR IS IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, STATUTORY, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE), IN FACT OR IN LAW, RELATIVE TO THE CONTESTS OR ANY PRIZES AWARDED HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SPONSOR DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO SPONSOR'S WEBSITE AND SPONSOR SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO. Releasees are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, inability to access a website or submit an Entry, vote, fraud, incomplete, garbled, or delayed computer transmissions or inaccurate transcription of entry information, whether caused by the Sponsor, users or by any of the equipment or programming associated with or utilized in this Contests or by any technical or human error which may occur in the processing of submissions which may damage a user’s system or limit a participant’s ability to participate in the Contests. Entry materials or votes that have been tampered with or altered are void. Sponsor reserves the right, in its sole discretion, to cancel or suspend part or all of this Contests at any time without notice, if in the judges’ opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contests, or if virus, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness or integrity and proper play of the Contests. In such event, Sponsor may void any entries they suspect are at issue and award prizes from among all eligible entries/votes received up to the date of cancellation. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY ONLINE SERVICE RELATED TO THIS CONTESTS OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTESTS MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. Sponsor reserves the right to disqualify Entrants who violate the rules or interfere with this Contests in any manner. If an Entrant is disqualified, Sponsor reserves the right to terminate that Entrant’s eligibility to participate in the Contests. Any attempts by an individual to access any website associated with this competition via a bot script or other brute force attack or any other unauthorized means will result in the IP address becoming ineligible. Use of automated entry devices or programs is prohibited.
DISPUTES: Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with the Contest, 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.
SPONSOR: The Sponsor of this Contest is Time Out America, LLC, 1540 Broadway, 42nd Floor, New York, NY 10036.
© Copyright 2019 Time Out America, LLC. All rights reserved. Entrants may copy these Official Rules for the sole purpose of personal use and not for any commercial purpose whatsoever.