OFFICIAL RULES FOR THE CITY OF NEW YORK'S IMMIGRANT HERITAGE WEEK 2019 THEME CONTEST
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 Immigrant Heritage Week 2019 Theme Contest, you are agreeing to be bound by the following legal terms.
- THE CONTEST: The Immigrant Heritage Week 2019 Theme Contest (the "Competition") will begin on Monday, February 11, 2019. The Competition is sponsored by the City of New York’s Mayor’s Office together with the Mayor’s Office of Immigrant Affairs (“MOIA”) (together, “the Sponsors”). 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 the five boroughs of New York City (Brooklyn, Queens, Bronx, Staten Island and Manhattan) at the time of entry. Void where prohibited by law. Employees of Sponsors, the City of New York, and the judges or any of their respective affiliates, subsidiaries, or advertising agencies 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 entrant’s full and unconditional agreement to these Official Rules and Sponsors’ 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.
- HOW TO ENTER: To enter, submit your original theme suggestion (“Entry”) at https://on.nyc.gov/IHW beginning on Tuesday, February 12, 2019 (the "Entry Period"). An Entry should be one submission with an original theme suggestion. Material that is obscene, defamatory or inappropriate for a general audience that may include minors will be disqualified from the Competition and will not count as an official entry.
Entrants may submit multiple unique Entries.
- JUDGING PERIOD: The Judging Period will begin on or about February 27, 2019. The Sponsors will appoint a panel of judges consisting of representatives of the City of New York.
- COMPETITION CRITERIA: The panel of judges will select one winning Entry in its sole discretion from among all of the entries. Each Entry will be judged solely on the text contained in the Entry. Additional elements, such as images, videos, or sound recordings, will not be considered but will also not disqualify an Entry for consideration.
Entry submissions will be judged and ranked based on the overall appeal and quality of the Entry, including:
- Appeal of the composition and subject matter of the theme submission;
- Overall quality of the Entry’s general theme; and
- Creative use of Immigrant Heritage Week parameters.
For more information and guidance about formulating an Entry submission, see the Immigrant Heritage Week website page, available at: https://on.nyc.gov/IHW
- WINNER SELECTION: ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY THE SPONSORS WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE COMPETITION.
During the Judging Period, the judges will rank each Entry in order to identity a potential winner (“Finalist”). The highest ranking Finalist will be notified on or around March 1, 2019 via the email address indicated on the Entry submission. In the notification, the Finalist will be asked to provide contact information and sign a Winner Acceptance Form and send the signed back copy to MOIA. Once the Finalist signs and returns the Winner Acceptance Form, they will be deemed the official Winner (“Winner”). In the event the Winner is disqualified and/or deemed not eligible, in the Sponsor’s sole judgement, the prize will be forfeited by that Winner, and the panel of judges will select a new Finalist.
If a Finalist does not respond to MOIA’s notice or does not return the Winner Acceptance Form within 24 hours from the time it is sent, that Finalist may be disqualified and the Entry with the next highest ranking will be selected as a Finalist instead. Return of any notification email as "undeliverable" or failure to fully comply with these Official Rules will also result in disqualification, and the Entry with the next highest ranking will be selected as a Finalist.
The Sponsors are not responsible for notifications that are misdirected, addresses that are no longer correct, or for any other reason beyond the control of the Sponsors. If the Winner cannot be contacted within a reasonable time period, if the Winner is ineligible, if any notification is returned undeliverable, or if the Winner otherwise fails to fully comply with these Official Rules, Sponsors may select an alternate Finalist who had the highest score remaining of the eligible entries.
The Winner will be announced on or around March 1, 2019 via social media, including on the @NYCImmigrants social media account and on MOIA’s website and Facebook pages.
- THE PRIZE: Winner will receive a prize (“the Winning Prize”). The Winning Prize will include:
- Official recognition of the Winner, who’s Entry will be featured on Immigrant Heritage Week promotional materials, including flyers, posters, the Immigrant Heritage Week Event Calendar and Brochure, and on official social media channels, including MOIA’s website;
- Invitation to join an Immigrant Heritage Week celebration at Gracie Mansion; and
- A MOIA swag bag.
No cash in lieu of Winning Prize. No substitution of Winning Prize is permitted except by Sponsors. Prize is not assignable or transferable. Limit one prize per person. If a Winner cannot participate for any reason, Winner will forfeit the prize and the Sponsors, at their option and in their 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 Sponsors in their sole discretion.
There is no Approximate Retail Value (ARV) of the Winning Prize. Any difference between
stated value and actual value will not be awarded. Certain restrictions, as determined by Sponsors, may apply. All specifics of the event will be at Sponsors’ 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.
- OWNERSHIP OF ENTRIES: The City of New York does not claim any ownership rights in your Entry. By entering the Immigrant Heritage Week 2019 Theme Contest, and submitting the entry form, you agree to be bound by these Official Rules and grant the City of New York 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 Entry, including without limitation the right to distribute all or part of your Entry in any media formats through any media channels in perpetuity.
By submitting an Entry, you consent to the use, by the City of New York, its affiliates, subsidiaries, parents, and licensees, of your name, likeness, and image, in connection with the Competition and The City of New York’s 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 Sponsors’ names or any Mayor’s Office or MOIA trademark or service mark.
- WARRANTIES: By submitting an Entry, you represent and warrant that your Entry:
- is your own original work;
- does not contain material that is, in the Sponsors’ sole judgment, obscene, inappropriate for a general audience that may include minors, or defamatory;
- does not violate or infringe upon the copyrights, trademarks, rights of privacy, publicity or other rights of any person or entity;
- does not contain malicious code, such as viruses, timebombs, cancelbots, worms, Trojan horses or other potentially harmful programs or other material or information;
- does not feature the name or other identifying information about a private individual;
- does not and will not violate any applicable law, statute, ordinance, rule or regulation; and
- 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.
- OTHER THINGS TO KNOW
Entry Conditions and Release
By entering, each Entrant agrees 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 Sponsors, and their respective parent, subsidiary, and affiliated entities, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Competition, 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 Entrant’s 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) and/or the publication, broadcast, transmission, performance, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Sponsors from and against any and all claims, expenses, and liabilities (including reasonable attorneys fees) arising out of or relating to a Entrant’s participation in the Competition and/or Entrant’s acceptance, use or misuse of prize.
Except where prohibited, participation in the Competition constitutes finalists’ and winners’ consent to Sponsors’ and their agents’ use of finalists and winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purpose in any media, worldwide, without further payment or consideration.
Sponsors 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 Sponsors’ reasonable control impairs the integrity or proper functioning of the Competition, as determined by Sponsors in their sole discretion. Sponsors 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, Sponsors reserve the right to seek damages from any such person to the fullest extent permitted by law. Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsors are not responsible for, nor are they required to count, incomplete, late, misdirected, damaged, unlawful or illicit votes, including those secured through payment, votes achieved through automated means or by registering more than one e-mail account and name, using another Entrant’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. 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.
Entrant agrees 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 the entrant and Sponsors 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.
For Competition results, go to https://on.nyc.gov/IHW on or around March 1, 2019.
Sponsors: (1) City of New York Mayor’s Office, City Hall, New York, NY 10007 (2) Mayor’s Office of Immigrant Affairs, 253 Broadway, 14th Floor, New York, NY 10007.