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[title]NO PURCHASE NECESSARY
1. ELIGIBILITY: The Time Out UGC Photo Competition (the “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 United States at time of entry ("Eligible Participant"). Multiple entries per person are allowed. 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 America, LLC (”Sponsor”), its affiliates, subsidiaries, and divisions advertising and promotion agencies and prize partners are not eligible to enter. 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 monetary fee to enter or participate in this Contest, nor is any purchase necessary.
2. CONTEST TIMING: The Contest begins at 12:00 PM Eastern Time (ET) on August 11, 2016 and ends 11:59:59 PM ET on August 31, 2016 (the “Contest Period”), and is subject to further timing as described below.
3. COMPETITION AND CONTENT: To enter the Contest, you must sign in to your local user account and agree to send to Time Out a photograph and review (the “Content”) of a local establishment to meet the brief outlined within competition copy. To participate you upload your image and review via the user review section of each Time Out listing page.
Entrants warrant and represent that any Content submitted by entrant is for the purpose of the Contest shall be taken by the entrant.
Entrants understand and undertake 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.
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.
4. WINNER DETERMINATION & PRIZING: One winner and five runners up will be selected by a panel of judges from the Time Out editorial team, which will select the winner and runners up for the purpose of this competition. Winners will be contacted by a Time Out representative by telephone or email 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 18 years of age or older unless otherwise stated. Prize is as described above; no cash alternatives will be given. Prize may not be sold, traded, transferred or refunded. Any and all federal, state and local taxes are the responsibility of the winner. If for any reason winners are unable to use prize within the time specified, the participating organizations are not responsible for providing replacement prizes. No make goods will be given in the event of a canceled or rescheduled event. Approximate retail value: $200. Five runners up will be feature on Time Out’s Love Local Competition article.
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.
5. GRANT OF LICENSE: 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.
By submitting a Contest Entry, Contest entrant acknowledges and agrees that Sponsor may obtain many Contest Entries in connection with this Contest and/or other contests staged and/or promoted by the Sponsor, and that such Contest Entries may be similar or identical in theme, idea, format or other respects to other Contest Entries submitted in connection with this Contest and/or other contests sponsored by the Sponsor or submitted for other reasons or other materials developed by the Sponsor. Entrant waives any and all claims entrant may have had, may have, and/or may have in the future, that any Contest Entry and/or other works accepted, reviewed and/or used by the entrant may be similar to his/her Contest Entry, or that any compensation is due to entrant in connection with such Contest Entry or other works used by Sponsor. By submitting a Contest Entry, entrant hereby grants permission for the Contest Entry to be posted on timeout.com/newyork or other websites. Contest Entrant agrees that Released Parties are not responsible for any unauthorized use of Contest Entries by third parties. Released Parties do not guarantee the posting of any Contest Entry.
6. REPRESENTATIONS AND WARRANTIES: 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.
7. ADDITIONAL CONDITIONS OF PARTICIPATION: By entering, entrants agree to be bound by these Official Rules including all eligibility requirements. By entering, entrants agree to sign up as a registered user and receive emails from Time Out. Sponsor will not share this information with any third parties, except as necessary for the administration of the Contest. Sponsor’s use of information submitted by entrants in connection with this Contest will be subject to the terms and conditions stated in these Official Rules as well as to the Privacy Policy available at http://www.timeout.com/newyork/privacy-policy. Entries that have been generated by a script, macro, bot or any other automated means will be deemed void. By accepting a prize, the Winner gives consent to the use of their name, images, likenesses, photo, voices, entry submissions and biographical materials for advertising, publicity, and promotional purposes by Sponsor, or a party designated by the Sponsor, including but not limited to, any online announcements, without additional notice or compensation, except where prohibited by Sponsor’s Privacy Policy or by law. All materials submitted in connection with the Contest will not be returned. Entrants agree to abide by the terms of these Official Rules and the decisions of the judges and Sponsor, which are final, and waive any right to claim ambiguity in these Official Rules. Entrants agree that any and all disputes shall be governed by the laws of the State of New York.
8. 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 CHELSEA PIERS (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 CONTEST, 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 CONTEST 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 Contest 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 Contest. 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 Contest 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 Contest, 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 Contest. 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 CONTEST OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST 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 Contest in any manner. If an entrant is disqualified, Sponsor reserves the right to terminate that entrant’s eligibility to participate in the Contest. 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.
9. 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.
10. SPONSOR: The Sponsor of this Contest is Time Out America, LLC, 1540 Broadway, 42nd Floor, New York, NY 10036.
© Copyright 2016 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.