NYI Moments Sweepstakes
OFFICIAL RULES: NYI MOMENTS SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR TO WIN. PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING.
The NY Interconnect Moments Sweepstakes (the “Sweepstakes”) is sponsored by NY Interconnect, LLC (“NYI”). By entering the Sweepstakes, you agree to comply with and be bound by the following Official Rules of the NYI Moments Sweepstakes (the “Official Rules”). Please review the Official Rules carefully. If you do not agree to the terms and conditions of the Official Rules in their entirety, you are not permitted to enter the Sweepstakes.
1. ELIGIBILITY: The Sweepstakes is open only to individuals that are legal residents of the fifty (50) United States who are 18 years of age or older and can enter into legally binding contracts under applicable law. Employees of NYI, its advertising, fulfillment or promotion agencies, service providers, agents, officers, parents, subsidiaries or affiliates, or any other persons or entities directly associated with the Sweepstakes (collectively, the “Sweepstakes Entities”) and members of the immediate families of and/or persons living in the same household as such persons, are ineligible to enter the Sweepstakes or claim the Prize (as defined below).
2. SWEEPSTAKES ENTRY PERIOD: The “Sweepstakes Entry Period” begins at 12:00 AM EDT on October 1, 2018, and ends at 11:59 PM EDT on October 4, 2018. Entries must be received during the Sweepstakes Entry Period to be eligible to win the Prize.
3. HOW TO ENTER: Entrants wishing to enter the Sweepstakes must post to his or her publicly available Instagram, Facebook or Twitter account a photo or video using the hashtag “#NYImoments”. All entries must include the hashtag “#NYImoments.” There is no limit to the number of entries per person; provided, however, that each posts must be unique and automated generation of posts is not permitted. Upon NYI’s receipt of an entrant’s successful submission, that entrant shall receive one (1) entry in the Sweepstakes (each, an “Entry”).
NYI reserves the right to reject any Entry that it believes, in its sole and reasonable discretion, is fraudulent, incomplete, or otherwise invalid. All Entries become NYI’s property and will not be returned. The Sweepstakes Entities are not responsible for lost, incomplete, damaged, illegible, late, or misdirected Entries, or for errors in mechanical transmission or technical difficulties.
By submitting a photo or video, entrant warrants and represents that he/she and any persons appearing or who are identifiable in the photo or video consent to the submission and use of the entry in connection with the Sweepstakes, including the promotion thereof, and to its use as otherwise set forth herein.
4. PRIZE: One (1) randomly selected winner will receive Toshiba 50” 4K Ultra HD TV and one Sonos PLAY:5. The approximate retail value (“ARV”) of the Prize is One Thousand Dollars ($1,000.00). The Prize winner will not receive the difference between the actual Prize value and the ARV. The Prize is non-refundable and may not be resold under any circumstances. NYI may, in its sole discretion, substitute a prize of equal or greater value. The Prize is awarded “as is” with no warranty or guarantee, either express or implied. All Prize details are at NYI’s sole discretion.
5. DRAWING AND NOTIFICATION: A random drawing from all eligible Entries received will take place at the NYI corporate office on or about October 10, 2018 to select the winner. The potential Prize winner will be notified via the method used to post the applicable photo or video within five (5) business days after the random drawing. The potential Prize winner will be required to execute an Affidavit of Eligibility and Liability/Publicity Release (“Affidavit”), and return such Affidavit within thirty (30) days following attempted notification. If the potential winner fails to respond to NYI within twenty-four (24) hours confirming acceptance of the Prize, or if NYI does not receive a properly executed Affidavit from him/her within thirty (30) days following attempted notification, or if he/she is found to be ineligible, or if he/she cannot or does not otherwise comply with these Official Rules, or if the winner refuses the Prize, then the Prize will be forfeited by such winner, and NYI will select an alternate winner from the remaining eligible Entries. In addition, the potential Prize winner may be required to provide picture proof of identification, which may include a driver’s license, passport, voting card or similar government issued identification, and proof that she/he is the entrant that submitted the applicable winning Entry. The return of a Prize and/or Prize notification as undeliverable may result in forfeiture of the Prize. In no case shall the Sweepstakes Entities and their respective members, officers, directors, employees and agents be liable in any manner where a potential Prize winner has not received notification sent from NYI or where NYI fails to receive a response from the potential Prize winner within the required response period. All decisions regarding interpretation of these Official Rules and administration of the Sweepstakes are within NYI’s sole discretion and are final and binding.
6. GENERAL CONDITIONS: The Sweepstakes is subject to all applicable federal, state and local laws, rules and regulations. The odds of winning the Prize depend on the number of entrants participating in the Sweepstakes during the Sweepstakes Entry Period. Entry and/or acceptance of prize constitutes permission for the Sweepstakes Entities and their licensees and affiliates to use the winner’s name, address (city and state) and/or likeness for advertising and trade purposes without further compensation, worldwide and in perpetuity, in any and all forms of media, now known and hereafter devised, including without limitation on-line, unless and to the extent prohibited by law. All entrants agree to comply with these Official Rules. Any person attempting to defraud or in any way tamper with this Sweepstakes and any person who does not comply with these Official Rules will be disqualified. NYI at its sole discretion reserves the right to cancel or modify the Sweepstakes, without liability. Void where prohibited, restricted or taxed by law.
7. TAX INFORMATION: Federal, state and local taxes, and all similar fees and assessments, are the responsibility of the Prize winner. NYI reserves the right to withhold taxes from the winning Prize, as appropriate. NYI reserves the right to file a form 1099-MISC for the Prize winner.
8. DISPUTES/CHOICE OF LAW: EACH ENTRANT AGREES THAT THIS SWEEPSTAKES SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK AND: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY IN the Supreme Court of the State of New York, County of Suffolk, (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT ATTORNEYS’ FEES, (C) NO PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, MAY BE AWARDED, AND (D) ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM SPECIAL DAMAGES AND ALL RIGHTS TO HAVE SUCH DAMAGES MULTIPLIED OR INCREASED.
10. RULES/WINNERS’ LIST: For an additional copy of these Official Rules or a Prize winner listing, send a self-addressed, stamped envelope to: NYI Moments Sweepstakes, 1700 Broadway, New York, NY 10019. All requests for rules and winners’ lists must be received by December 31, 2018.
11. RELEASE: By entering the Sweepstakes, each entrant agrees to release and hold harmless the Sweepstakes Entities and their respective members, officers, directors, employees and agents from and against any and all liability for any injuries, loss or damage of any kind arising from, or in connection with, the Sweepstakes and/or use of the Prize including, but not limited to, liability arising from copyright infringement, improper use of likeness, personal injury, death, damages or monetary loss. Restrictions, conditions and limitations apply. By entering, each entrant further agrees that, in the event that there is any conflict or other inconsistency between the Official Rules and any advertisements, promotional or marketing materials, e-mails or announcements relevant to the Sweepstakes, these Official Rules will govern.
12. INDEMNIFICATION: You agree to release, indemnify and hold the Sweepstakes Entities and their respective members, officers, directors, employees and agents harmless from and against any and all claims, expenses (including reasonable attorneys’ fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your improper and/or unauthorized participation in the Sweepstakes; (b) your breach of these Official Rules; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of the Sweepstakes Entities and their respective members, officers, directors, employees and agents. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its/her/his own behalf.