MoMA Contest Rules

MoMA Contest Rules

Official Rules For The City of New York's "NYC Counts" Competition

NO PURCHASE NECESSARY TO WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED. By submitting an entry to the See Your City Competition you are agreeing to be bound by the following legal terms.

The NYC Counts Competition (the "Competition") will begin at 9:00 a.m. on Monday August 17, 2020 and end at 6:00 p.m. on Friday, September 25, 2020 ("Competition Period"). The Competition is sponsored by the New York City Mayor's Office of the Census 2020 a division of the City of New York's Mayor's Office ("Sponsor"). Multiple entries are not permitted. Creating multiple entries to enter will void all entries and disqualify the entrant. Participation is subject to all federal, state and local laws and regulations. Void where prohibited or restricted by law.

ELIGIBILITY: The Competition is open only to residents of New York City (the "Territory"), who are at least eighteen (18) years of age as of, August 17, 2020. The Competition and any web sites, web pages and advertisements relating thereto are intended for viewing only within the Territory. Entries received from persons residing outside of the Territory, or where restricted or prohibited by law, will be disqualified. To be eligible to enter the Competition, the Entrant (alternately, "You", "Your", or "Yourself") must meet the eligibility requirements described herein and have read and agreed to these Official Rules. The judges, and their immediate family (spouse, parents and step-parents, sibling and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such judge are not eligible to participate and receive prizes. The Competition is subject to all applicable United States federal, state and local laws and regulations. Participation constitutes Your full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to the Competition. Winning a prize is contingent upon fulfilling all requirements set forth herein.

Limit one (1) entry per person. There may be more than one (1) entry per household. Subsequent entries will be disqualified. Starting on Friday August 28, 2020, five (5) winners will be announced each week for the 5 weeks of the Competition Period. To be eligible for each week's prize, see the time table for the entry periods below:

Entry Period Begins Entry Period Ends Winner Announced

August 17, 2020 at 9:00 am

August 24, 2020 at 8:59 am

August 28, 2020

August 24, 2020 at 9:00 am

August 31, 2020 at 8:59 am

September 4, 2020

August 31, 2020 at 9:00 am

September 7, 2020 at 8:59 am

September 11, 2020

September 7, 2020 at 9:00 am

September 14, 2020 at 8:59 am

September 18, 2020

September 14, 2020 at 9:00 am

September 21, 2020 at 8:59 am

September 25, 2020


Entries are void if they are in whole or part illegible, incomplete, damaged, altered, counterfeit, obtained through fraud, or late. In the event of any dispute regarding the identity of a person submitting an on-line entry, the entry will be deemed submitted by the authorized e-mail account holder, which is defined for purposes of these Official Rules as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A selected winner may be requested to provide the Sponsor with proof that the selected winner is the authorized account holder of the e-mail address associated with the winning entry. If a dispute cannot be resolved, the entry will be deemed ineligible.

NO PURCHASE NECESSARY. A purchase will not increase Your chances of winning. Official Rules are also posted here.

HOW TO ENTER: NO PURCHASE NECESSARY TO ENTER OR WIN. To enter the Competition, complete the Census at www.my2020census.gov on Your computer or smartphone. Once You have completed the Census, You will see a confirmation page. Take a photo or screenshot of the confirmation screen. You must have completed the Census on or after August 17, 2020. Next, go to http://www.nyc.gov/censuscontest and complete the entry form (the "Submission"), including a brief (250 words or less) description of what winning this contest would mean to You. Submissions must be received during the Competition Period. Participation in the Competition requires that the Submission must adhere to the Competition requirements described below.

JUDGING PERIOD: Judging Periods will run every Monday through Friday during the competition Period beginning on August 24, 2020 and ending on September 25, 2020. Judging will take place in stages and be conducted by various employees of NYC Census 2020:

  • Review submissions and recommend finalists: 6 NYC Census 2020 employees
  • Vet finalists: a committee of 4 employees from various NYC Census 2020 teams
  • Decide winner each week: Final selections by Director Julie Menin

Sponsor will select five (5) winning Entries (each a "Winner", collectively the "Winners") per week during the Competition Period in their sole discretion from among all of the entries. Submissions will be evaluated on a rolling basis during the Competition Period. Winners will be selected for each week of the Competition Period, totaling twenty-five (25) Winners. If Your Submission is not selected as a Winner during the week You submitted it, Your Submission will still be considered for selection as a Winner for each subsequent week of the Competition Period.

All entries will be judged based on the following criteria, in the sole discretion of the panel of judges:

(a) appeal of the subject matter of the written Submission; and
(b) geographical diversity and borough diversity

The Submissions with the highest overall scores will be the Winners. In the event of a tie, Winners will be selected based on the criteria described in (a) and then (b).

WINNER SELECTION: ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE COMPETITION.

Beginning on or about August 28, 2020 the first five (5) potential Winners will be notified using the email account from which the entry was received. Every Friday thereafter, five (5) new potential Winners will be notified each week during the Competition Period. The potential Winners may be required to appear in additional promotional or advertising material and will be required to complete a release in association with these activities. If a potential Winner does not respond to NYC Mayor's Office of the Census 2020's notice or does not return any required appearance release within 24 hours, that potential Winner will be disqualified and the entry with the next highest number of judges' votes that week will be selected as a potential winner in its place. Return of any notification email as "undeliverable" or failure to fully comply with these Official Rules will result in disqualification. In the event of disqualification of any potential Winner, the prize will be forfeited by that potential Winner and the panel of judges will select a new potential Winner. The Released Parties (as defined below) are not responsible for notifications that are misdirected, addresses that are no longer correct, or for any other reason beyond the control of the Released Parties. If such potential Winner cannot be contacted within a reasonable time period, if the potential Winner is ineligible, if any notification is returned undeliverable, or if the potential Winner otherwise fails to fully comply with these Official Rules, Sponsor may award the applicable prize to an alternate Winner who had the highest score remaining of the eligible entries.

By entering the Competition, You understand the provisions associated with the Competition should You be selected as a Winner and accept the prize as a Winner. Any potential Winner must grant permission to the Released Parties and their respective parent companies, affiliates, subsidiaries, advertising/promotional agencies to use his/her name and Submission, for promotional and publicity purposes in any and all media now known or hereinafter devised, including without limitation, television, radio, print, and the Internet, in perpetuity without further compensation, unless prohibited by law. If a potential Winner fails to execute and return required releases or other requirements stated herein to the Released Parties within the allotted time period, that Entrant may be disqualified, in which case Sponsor will select as a replacement Winner, the next-highest ranked eligible Entrant who complies with all Competition rules and requirements, as determined by the Competition judges as detailed above.

THE PRIZE:

In partnership with the Museum of Modern Art the Winners will receive an annual Explore Membership to the museum for two cardholders. This membership provides priority access and membership-only viewing opportunities. It also includes free admission for one guest on every visit at MoMA and PS1. On or about Friday August 28, 2020, NYC Census 2020 will post the first potential Winners on www.nyc.gov/censuscontest. Thereafter, on every Friday during the Competition Period, new Winners will be posted on www.nyc.gov/censuscontest.

The Winners list may also be featured on official social media channels operated by the City of New York: www.nyc.gov/socialmedia.

No cash in lieu of prize. No substitution of prizes is permitted except by the Released Parties. Prize is not assignable or transferable. Limit one prize per person. If Winner cannot participate for any reason, Winner will forfeit the prize and NYC Mayor's Office of the Census 2020 may, at its option and in its sole discretion, select an alternate Winner or the prize may not be awarded. All of the Prize elements are subject to change and shall be determined by the Released Parties in their sole discretion and subject to their availability.

There is no Approximate Retail Value (ARV) of the Winning Prize. Any difference between stated value and actual value will not be awarded. Certain terms and restrictions, as determined by the Released Parties, may apply to Prizes. All specifics of the Prizes will be at the Released Parties' discretion. If a Winner cannot comply with these restrictions or any other portion of these Official Rules, the prize will be forfeited in its entirety and an alternate Winner will be chosen.

All federal, state and local income taxes on prize and gratuities are solely the responsibility of the Prize Winner. Payments to potential Prize Winner are subject to the express requirement that they submit to the Sponsor all documentation requested by the Sponsor in compliance with all applicable state, federal and local tax reporting and withholding guidelines. The Prize Winner is responsible for ensuring that he/she complies with all the applicable tax laws and filing requirements. If the Prize Winner fails to provide such documentation or comply with such laws, the prize may be forfeited and the Sponsor may, in its sole discretion, select an alternative potential Prize Winner.

OWNERSHIP OF ENTRIES: The City of New York does not claim any ownership rights in Your Submission. By making a Submission by any of the approved methods, You agree to be bound by these Official Rules and grant the Released Parties a non-exclusive, fully paid-up and royalty-free, worldwide license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate Your Submission, including without limitation the right to distribute all or part of Your Submission in any media formats through any media channels in perpetuity.

By submitting a Submission, You consent to the use, by the Released Parties, their affiliates, subsidiaries, parents, and licensees, of Your name, likeness, and image, in connection with the Competition and the Released Parties' related marketing activities, in any media or format now known or hereafter invented, in any and all locations, without any payment to or further approval from You. You agree that this consent is perpetual and cannot be revoked.

You agree that nothing in these Rules grants You a right or license to use the NYC Mayor's Office of Census 2020's name or any Released Party's trademark or service mark, including but not limited to, NYC Mayor's Office of the Census 2020's trademark or service mark.

WARRANTIES: By submitting an Entry, You represent and warrant that Your Submission:

  1. is Your own original work;
  2. does not contain material that is, in Sponsor's sole judgment, obscene, inappropriate for a general audience that may include minors, or defamatory;
  3. does not violate or infringe upon the copyrights, trademarks, rights of privacy, publicity or other rights of any person or entity;
  4. does not contain malicious code, such as viruses, timebombs, cancelbots, worms, Trojan horses or other potentially harmful programs or other material or information;
  5. does not feature the name of a private individual without that individual's explicit written permission for its use;
  6. does not and will not violate any applicable law, statute, ordinance, rule or regulation; and
  7. does not trigger any reporting or royalty obligation to any third party.

You further represent and warrant that the rights that You are granting under these Official Rules do not conflict in any way with any other agreement to which You are a party, or with any commitments, restrictions, or obligations that You are under to any other person or entity.

Entry Conditions and Release

By entering, You agree to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor and/or the Competition judges which are binding and final in all matters relating to this Competition; (b) release and hold harmless the Sponsor, The Museum of Modern Art ("MoMA") and P.S. 1 Contemporary Art Center, Inc. d/b/a MoMA PS1 ("PS1"; MoMA and PS1 collectively "The Museum") ("Prize Supplier") and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Competition, including any business where the Prize is used, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the "Released Parties") from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a Your entry, creation of an entry or submission of an entry, participation in the Competition, acceptance or use or misuse of prize (including any travel or activity related thereto or any damages allegedly caused by any business at which the Prize is used) and/or the broadcast, transmission, performance, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys fees) arising out of or relating to Your participation in the Competition and/or Your acceptance, use or misuse of prize.

Publicity

Except where prohibited, participation in the Competition constitutes Winner's consent to the Released Parties' and their agents' use of Winners' name, likeness, photograph, voice, opinions and/or hometown and state for promotional purpose in any media, worldwide, without further payment or consideration.

General Conditions

The Released Parties reserve the right to cancel, suspend and/or modify the Competition, or any part of it, if any fraud, technical failures or any other factor beyond the Released Parties' reasonable control impairs the integrity or proper functioning of the Competition, as determined by the Released Parties in their sole discretion. The Released Parties reserve the right in their sole discretion to disqualify any individual or Competitor it finds to be tampering with the entry process or the operation of the Competition or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Competition may be a violation of criminal and civil law, and, should such an attempt be made, the Released Parties reserve the right to seek damages from any such person to the fullest extent permitted by law. The Released Parties' failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The Released Parties are not responsible for, nor are they required to count, incomplete, late, misdirected, damaged, unlawful or illicit Submissions, including Submissions achieved through automated means or by registering more than one e-mail account and name, using another contestant's e-mail account and name, as well as those lost for technical reasons or otherwise.

Limitations of Liability

The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Competition, (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Competition; (4) technical or human error which may occur in the administration of the Competition or receipt or use of any prize; or (5) the quality and actions of any business at which a Winner uses the Prize and any damages that may allegedly arise out of any use of the Prize. If for any reason an entrant's Submission is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another provide another Submission. No more than the stated number of prizes will be awarded.

Disputes

You agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Competition, or any prizes awarded, other than those concerning the administration of the Competition or the determination of winners, shall be resolved individually, without resort to any form of class action; (2) any and all disputes, claims and causes of action arising out of or connected with this Competition, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate New York State Court; (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Competition, but in no event attorneys' fees; and (4) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of You and Released Parties in connection with the Competition, 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 of 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

Privacy

Sponsor may collect personal information from You when You enter the Competition. The information collected is subject to the privacy policy located here. The Competition is in no way affiliated with the United States Census Bureau. Any information you provide as a part of your Submission is not covered by Title 13 of the United States Code.

Competition Results

For Competition results go to www.nyc.gov/censuscontest beginning on or about August 28, 2020.

Sponsor

NYC Mayor's Office of the Census 2020, 161 William Street, 7th Floor, New York, NY 10038