NO PURCHASE NECESSARY TO ENTER OR WIN THE CONTEST (“CONTEST”) Entry into this Contest constitutes your acceptance of these Official Rules.
NAME OF SPONSOR:
The Sponsor of this Contest is New York Skyline, Inc. and their respective parents, affiliates, subsidiaries (hereafter “New York Skyride”).
CONTEST ENTRY DATES: Contest start date & time and end date & time are 5:00 pm April 25, 2011 to 5:00 pm September 30, 2011 (“Contest Entry Period”) or as outlined in the New York Skyride website, www.skyride.com (“Website”).
CONTEST OBJECTIVE: The objective of the Contest as outlined in more detail on the Website is to offer interesting, humorous and/or informative stories about the Entrants’ New York City experiences (each story being an “Entry”, collectively stories are “Entries”).
CONTEST ENTRY: To enter, follow directions as outlined on Website. Instructions for emailing and/or registering and posting comments are included on the Website. All entries must be received by date and time outlined above or on the Website. For purposes of these Official Rules, “receipt” of Entry occurs when NY Skyride’s servers record the Entry information resulting from Entrants’ entry being received in the inbox and/or Comments area. Any automated computer receipt (such as one confirming delivery of email) does not constitute proof of actual receipt by New York Skyride for purposes of these Official Rules.
Entries must be the original work of the contestant, may not have been previously published, may not have won previous awards, must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person and must not violate any law. New York Skyride reserves the right to disqualify any Entry or Entrant for any reason, in its sole and absolute discretion.
New York Skyride is not responsible for failed, partial or garbled computer transmissions, or for technical failures of any kind, including but not limited to electronic malfunction or damage of any network, hardware or software. If for any reason the contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or other causes that corrupt or affect the administration, security, fairness, integrity or proper conduct of the contest, New York Skyride reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the contest. No responsibility is assumed for: any error, omission, interruption, deletion, defect, delay in operation 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, providers, computer equipment, or software; or failure of any e-mail or electronic entry to be received on account of technical problems or traffic congestion on the Internet or at any Web-site, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer related to or resulting from participation in or downloading any materials from this contest. In the event of a dispute over an electronic entry, prize will be awarded to the owner of the e-mail account, not the name on the entry form.
Odds of winning depend upon number of entries received.
ASSIGNMENT OF RIGHTS: Entrant hereby acknowledges that Entry and all other materials of every kind whatsoever created by contestant relating to the Contest (collectively, the “Work”) are a “work made for hire” (as that term is used in the United States Copyright Act) for New York Skyride, and assigns to New York Skyride (or, if any applicable law prohibits or restricts such assignment, contestant hereby grants to New York Skyride an irrevocable, perpetual, royalty-free, transferable license of) an exclusive right, title and interest in and to such Work, including, without limitation, all rights of every kind and nature (whether now known or hereafter devised, including all copyrights therein and thereto and all renewals and extensions thereof), throughout the universe, in perpetuity, for all purposes, in any and all media, whether now known or hereafter devised. By submitting an Entry, Contestant acknowledges and agrees that New York Skyride may obtain many submissions under this Contest and that such entries may be similar or identical in theme, idea, format or other respects to others submitted under this Contest and/or other contests staged and/or sponsored by New York Skyride, and waive any and all claims contestant may have had, may have, and/or may have in the future, that any composition, design, video and/or other works accepted, reviewed and/or used by New York Skyride (or its respective designees) may be similar to his/her Entry. Contestant acknowledges and agrees that the New York Skyride does not have now, nor shall have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to contestant’s Entry.
JUDGING: All Entries will be judged based on judges’ determination of cleverness, wittiness, interest, informativeness, and humor. The top scoring Entry will be declared the Contest winner (“Winner”).
TIES: In event of a tie, a Winner or Winners will be determined based on the judges’ discretion.
Judges’ decisions are final and binding.
WINNER NOTIFICATION: Winner(s) will be determined after the Contest’s end date and will be notified by email. Winner(s) will be required to provide a mailing address or e-mail address either of which may be used to fulfill the prize. At the discretion of the New York Skyride, A Winner may be disqualified for any of the following reasons: if charged with or convicted of a felony or misdemeanor, is not eligible based on the eligibility requirements set forth above, or if delinquent on a government ordered payment, such as, but not limited to: child support, spousal support, alimony, tax payments, etc. In the event it is determined that the Winner has not complied with these Official Rules, has failed to execute and return any required documents within the specified time period, has made false statements or a prize notification is returned as undeliverable, then the Winner will be disqualified and at New York Skyride’s sole discretion, the Entry with the next highest score may then be declared the alternate Winner. Void where prohibited. All federal, state and local laws and regulations apply. Winners may be required to complete a W-9 for tax purposes.
New York Skyride reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process and to cancel, terminate, modify and/or suspend the Contest in the event of tampering or other circumstances, including but not limited to acts of God or civil disturbance that render it impractical or impossible to complete or fulfill the Contest as originally planned.
For a list of winners, send a self-addressed, stamped envelope to NY Skyride Winners: New York Skyride, 350 Fifth Avenue, Suite 324, New York, NY 10118 within 60 days after contest end date.
PRIZE & APPROXIMATE RETAIL VALUE (“ARV”): Number of winners, prizes and ARV are (a) there maybe be one to 75 Winners, at NY Skyride’s absolute discretion, a Winner shall receive four tickets to a baseball game of the New York Yankees of Major League Baseball to be mutually scheduled by the Winner and New York Skyride, the ARV is in the range of $80 per ticket. The Winner(s) is/are solely responsible for all expenses, costs or fees associated with transportation and acceptance and/or use of the prize not specified herein as being awarded, including without limitation, any and all taxes (if any). Winner(s) is/are not a recipient of a prize until s/he/they has been verified as the Winner(s) by New York Skyride or it’s judges. Upon fulfilling prize, New York Skyride will be deemed to have awarded the prize to the Winner and such Winner assumes full responsibility for the prize. All prize details are at New York Skyride sole discretion.
Entrants acknowledge that transportation, if applicable, is not included in the prize and that any events at or associated with the Yankee ticket or baseball game associated with the ticket are beyond the control of the New York Skyride and are subject to being rescheduled, modified or canceled. In that event, the New York Skyride reserves the right to, at its discretion, reschedule the Contest, entry and/or end dates, modify the entry procedures, cancel the Contest, or cancel the awarding of prize(s). Prize(s) are not redeemable for cash.
Federal, state and local taxes are the sole responsibility of the winner, who will receive an IRS Form 1099 reflecting the final actual value of any prize valued at $600 or more.
Winners are not entitled to exchange or transfer prizes or to obtain cash or other substitutes, but New York Skyride in its sole discretion may substitute prizes of equal or greater value.
Prize is subject to availability. New York Skyride is not responsible for cancellation or preemption of event or for other circumstances that make it impractical or impossible to fulfill this element of the prize. This element of the prize has no approximate retail value, and if it becomes impractical or impossible to fulfill this element, New York Skyride’s only obligation will be to provide the remainder, if any, of prize.
RELEASES: By participating, Entrants agree to be bound by these official rules and the decisions of the New York Skyride and their Judges, which such decision shall be final in all respects.
By participating in the Contest and/or accepting any prize that they may win, Entrants agree to release New York Skyride, its parent, subsidiary, affiliated and successor companies, advertising and promotion agencies and prize suppliers, and each of its respective officers, directors, agents, representatives and employees, as well as each of its respective successors, representatives and assigns (collectively, the “Released Parties”) from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in a contest and/or acceptance or use of the prize.
Entrants authorize the Released Parties to use their name, voice, likeness, biographical data, city and state of residence and entry materials in programming or promotional material, in any media now known or hereafter created or conceived, worldwide in perpetuity, or on a winner’s list, if applicable, without further compensation unless prohibited by law. New York Skyride 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 New York Skyride’s sole discretion, without further obligation or compensation.
By submitting entry materials, entrants certify that such materials are original and created by Entrant, that Entrants have the necessary rights, permission and authority to submit such materials, and, if applicable, that Entrants maintain a valid copyright in the materials. Entrants release the Released Parties from any actions, claims, injury, loss or damage allegedly caused, directly or indirectly, by any use of any materials submitted to New York Skyride, including any materials which are incorporated in an Entry or the Entries by the Entrant, and hold the Released parties harmless for use of such materials, Works, and Entries.
CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrants and New York Skyride in connection with this Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of New York, USA without regard to New York choice of law rules.