OFFICIAL RULES - DRAWINGS, RAFFLES AND SWEEPSTAKES.
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
Eligibility: PhotoManhattan’s Promotion ("Promotion") is open only to those legal residents of the 50 United States and the District of Columbia who are at least eighteen (18) years of age at the time of entry. Promotion may only be entered from and in eligible jurisdictions. PhotoManhattan inc (as defined below), Promotion Entities, prize providers, and their respective parent, subsidiary and affiliate companies, employees, agents, and suppliers, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible to participate. In the event of a dispute as to the identity of an entrant, the authorized account holder of the account will be deemed to be the entrant. Administrator may request any potential winner to provide proof that such person is the winner. All potential winners are subject to verification before any prize will be awarded. Subject to all applicable, federal, state, and local laws and regulations. Void where prohibited. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Administrator's decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. Sponsor: Learn Spanish New York ("Sponsor").
Administrator: The administrator of the Promotion is PhotoManhattan Inc ("Administrator"). Sponsor and Administrator are collectively referred to herein as "Promotion Entities". Timing: The Promotion period begins at 8:00 PM Eastern Time on December 15, 2018 and ends at 3:00 PM Easter Time on December 17, 2018. Prizes will be awarded for each entry period as described below. Administrator's clock is the official time keeping device of the Promotion.
How To Enter: There is One (1) way to enter:
1. Via Internet, to enter visit one of the Promotion registration pages located at one of the entry pages set forth below, and complete the registration form. You may be charged data rates if accessing internet from your handset according to the terms in your Wireless Calling Plan. Wireless service is not available in all areas. Entrants must be the registered subscriber of the email account from which the entry is made. Entry page: https://www.photomanhattan.com/product-p/instagra...
For all entries: Each participant is eligible to submit up to one (1) Promotion entry during the Promotion Period, regardless of method or combination of methods of entry or number of entries submitted. Multiple entrants are not permitted to share the same email address, social media or mobile account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, mobile devices or accounts, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated technology or system to participate is prohibited and will result in disqualification. Any automated receipt (such as one confirming delivery of text message or e-mail) does not constitute proof of actual receipt by Administrator of an entry. Promotion Entities are not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. All entries become the property of the Administrator and none will be acknowledged or returned.
Prizes: One (1) $125 Gift Card from PhotoManhattan. One (1) $50 Gift Card from Adorama.
For all prizes: Odds of winning a prize depend on the number of eligible entries received. There will be only one prize per winner. Lost or stolen prizes will not be replaced. Prize does not include any other item or expense not specifically described in these Official Rules, and any such additional expenses are the sole responsibility of winner. Prizes may not be transferred or assigned. Only listed prizes will be awarded and no other prizing or substitutions will be made except at the sole discretion of Administrator. Winners agree to accept the prize "as is", and entrants hereby acknowledge that Promotion Entities have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prize, including express warranties (if any) provided exclusively by a prize supplier that are sent along with the prize. Any valuation of the prize(s) stated above is based on available information provided to Administrator and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes. Each winner must provide Administrator with a valid taxpayer identification number or social security number before any prize will be awarded. A Form 1099 will be issued to the winner for value of prize $600 or more.
Selection and Verification of Potential Winners: Administrator will randomly select winners from all eligible entries as follows:
Drawing Date #1 - one (1): First Place and Second Place winner will be selected on or about December 17, 2018 Administrator's decisions as to the administration and operation of the Promotion and the selection of potential winners are final and binding in all matters related to the Promotion. Administrator reserves the right to disqualify any participant or winner and may refuse to award any prize to a person who is ineligible or has violated any rule, gained unfair advantage in participating in the Promotion, or obtained winner status using fraudulent means. All potential winners are subject to verification by Administrator. Administrator will not accept screen shots or other evidence of winning in lieu of its validation process. Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Each potential winner will be notified by mail, email or phone. Each potential prize winner may be required to sign and return an Affidavit of Eligibility, Liability and Publicity Release ("Affidavit") (except where prohibited), which must be received by Administrator within seventy-two (72) hours of the time notice or attempted notice is sent, in order to claim a prize (if applicable). If a winner is a minor, the Affidavit must also be executed by the winner's parents or legal guardians. If a potential winner of any prize cannot be contacted, fails to sign and return the Affidavit within the required time period (if applicable), declines the prize or prize is returned as undeliverable, such potential winner forfeits the prize. In the event that a potential winner is disqualified for any reason, Administrator will award the corresponding prize to an alternate winner by random drawing from among all remaining eligible entries. All alternate potential winners are subject to all requirements set forth in these Official Rules. Only three (3) alternate winners will be selected, after which the prize will remain un-awarded.
Publicity: Except where prohibited, participation in the Promotion constitutes winner's consent to Promotion Entities' use of winner's name, social media identity, likeness, photograph, voice, opinions, hometown and state for promotional purposes in connection with this Promotion in any media, worldwide, without further payment or consideration.
Privacy: Information submitted by entrants will be collected by Administrator's systems based in the United States and such collection will be subject to applicable United States laws. Entrants may withdraw personal data upon request; however, entrant will be disqualified if personal data is withdrawn prior to the determination of the winner(s) and fulfillment of the prize(s). Information submitted by entrants is subject to Administrator's privacy policy: http://www.photomanhattan.com/terms_privacy.asp. Entrant's participation in this Promotion constitutes consent for Administrator to use entrant's personal information solely for the purpose of administering the Promotion and awarding the prizes, unless entrant has opted to receive e-mail communications or SMS messages from Administrator. For PhotoManhattan’s privacy policy, go to http://www.photomanhattan.com/terms_privacy.asp.
Errors and Unauthorized Activity: Promotion Entities are not responsible: (1) for 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 Promotion; (2) for technical and/or communications malfunctions, errors or failures of any kind; (3) for unauthorized human intervention in any part of the Promotion; (4) for technical or human error which may occur in the administration of the Promotion or the processing of entries; (5) for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Promotion or receipt or use or misuse of any prize; or (6) if the Promotion cannot take place or if any prize cannot be awarded due to acts of war, natural disasters, weather or acts of terrorism. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Promotion, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Administrator, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Administrator reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims. Administrator reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Promotion Entities' reasonable control impairs the integrity or proper functioning of the Promotion Game, as determined by Administrator in its sole discretion. In such event, Administrator reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Administrator reserves the right, in its sole discretion, to disqualify any individual it suspects or finds to be tampering with the entry process or the operation of the Promotion 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 Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Promotion Entities reserve the right to seek damages from any such person to the fullest extent permitted by law. Promotion Entities' failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Release: By participating in the Promotion, entrant (a) releases PhotoManhattan Inc (as defined below), Promotion Entities, prize providers, promotional agencies, franchisees, and each of their respective parent companies, affiliates, subsidiaries, successors, assigns, agents, representatives, officers, directors, shareholders, and employees, from any and all liability for any claims, costs, injuries, losses or damages of any kind arising in connection with the Promotion, including the unauthorized or illegal access to personally identifiable or sensitive information or acceptance, possession, use, misuse, or nonuse of the prize that may be awarded; and (b) acknowledges that the foregoing parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to a prize including, without limitation, the prize quality or availability.
Disputes: As a condition of participating in the Promotion, entrant agrees that: a) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; b) all causes of action arising out of or connected with this Promotion or the prizes awarded, shall be resolved individually, without resort to any form of class action, exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective; and c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred and in no event shall entrant be entitled to receive attorneys' fees or other legal costs. Promotion Entities reserve the right to modify prize award procedures. The Promotion and these Official Rules, and the validity, construction, performance, and enforcement thereof, shall be governed by and construed in accordance with the laws of 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.
Winner's List: To obtain a list of the names of winners of prizes with a value greater than $25, mail your request and a self-addressed, stamped envelope, up to sixty (60) days after the close of the Promotion, to PhotoManhattan, 51 West 14TH street, Suite 3R. New York, NY 10011, Attention: Promotion Dept.
The Promotion and all accompanying materials are © 2018 PhotoManhattan. PhotoManhattan, Learn Spanish New York and each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives and employees will have no liability or responsibility for any claim arising in connection with participation in this promotion or any prize awarded.
OFFICIAL RULES - PHOTO CONTESTSNo Purchase Necessary
1) DESCRIPTION OF THE CONTEST. “The PM PIC OF THE WEEK. Instagram Photo Contest” (the “Contest”) is sponsored by Learn Spanish New York, 51 West 14TH ST, Suite 3R (“Sponsor”). A panel of judges will select one (1) winning entry per week (the "Weekly Entry Period"). Contest winners will be selected in accordance with the judging criteria below on or about the first Monday following the end of each contest, in the period of July 6, 2018 - December 15, 2019. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. The Contest begins at 12:00 a.m. Eastern Daylight Time (“EDT”) on December 18, 2018 and ends at 11:59 p.m. EDT on January 2, 2019 (the “Contest Period”)
2) WHO MAY ENTER. The Contest is open only to those legal residents of the 50 United States and the District of Columbia who are 18 years of age or older at the time of entry. Directors, officers and employees, and their immediate family members, or those living in the same household as such directors, officers and employees, of Sponsor or their respective parent, affiliated, or subsidiary companies, agents or representatives (collectively “Promotion Entities”) are not eligible to enter or win. The Contest is void where restricted or prohibited by law.
3) HOW TO ENTER. To participate in the Contest, you must have an Instagram® or Facebook account. There is no cost to register for an Instagram or Facebook account. During the Contest Period, cast your vote by a) Liking your preferred image to vote for 1 point and or b) commenting on your preferred image to vote for 2 points. You can vote on only 1 image.
4) REQUIREMENTS. ALL of the “Requirements” set forth below to be considered (a photograph that meets all such requirements will be referred to as a “Submission”). Failure to complete any step outlined in, or to follow any of, the Official Rules will result in disqualification from the contest: (i) All captions must include the tag @PHOTOMANHATTAN along with additional hashtag/s as indicated each week, and a brief description of the photograph; (ii) the entry must be a still photograph – no videos will be accepted for entry; (iii) the photograph must have been taken in the United States; (iv) the photograph must be a single work of original material taken by the submitting entrant; (v) if the photograph contains any material or elements that are not owned by the entrant and/or which are subject to the rights of third parties, and/or if any persons appear in the photograph, the entrant is responsible for obtaining, prior to submission of the photograph, any and all releases and consents necessary to permit the exhibition and use of the photograph in the manner set forth in these Official Rules without additional compensation. If any person appearing in any photograph is under the age of majority in their state/province/territory of residence the signature of a parent or legal guardian is required on each release. In the event a submitting entrant cannot provide all required releases, Sponsor reserves the right, in Sponsor's sole discretion, to disqualify the applicable Submission, or seek to secure the releases and clearances for Sponsor's benefit, or allow the applicable Submission to remain in the Contest; (vi) the photograph must not, in the sole and unfettered discretion of the Sponsor, contain obscene, provocative, defamatory, sexually explicit, or otherwise objectionable or inappropriate content. Submissions must be received before the end of the Submission Period, and the Sponsor's database clock will be the official timekeeper for this Contest. Proof of transmission is not proof of receipt. Entrants must not transmit anything that contains viruses or anything else that is harmful to any computer. No responsibility is assumed for late or misdirected entries, or any failure or unavailability of hardware, software, electronic communications, or Internet uploading or other connections. Sponsor is not responsible for any changes or effects caused to your mobile phone, computer system or camera or other equipment as a result of submitting an entry; nor for any carrier charges that may be incurred to upload the Submission.
5) PRIZES. The 1st Prize Winner will receive one $50 Gift card, "Gift Certificate". Prize must be redeemed as per the terms and conditions of our Gift certificates as shown at:https://www.photomanhattan.com/photography-gifts-n.... The 2nd Prize Winner will receive one $25 Gift card, "Gift Certificate". Prize must be redeemed as per the terms and conditions of our Gift certificates as shown at: https://www.adorama.com/giftcard. All prizes are limited to availability and may not be extended, transferred or refunded. Any stated difference between the approximate value and actual value of the Prize or any substituted prize will not be awarded. No cash alternative or prize substitutions will be allowed, except Sponsor reserves the right to substitute prize(s) of comparable or greater value in its sole discretion. Prizes are non-transferable, non-extendable, and non-exchangeable. Odds of winning depend on the number of eligible entries received and skill of the entrant. Entries are valid for the Weekly Entry Period during which they are received only and do not carry over to drawings for any subsequent Weekly Entry Period(s). Limit one Weekly Prize per person or household for the entire Contest Period.
6) GENERAL PRIZE CONDITIONS. Prize/s will be awarded only if the potential winner fully complies with these Official Rules. All costs, including federal, state and local taxes, insurance, and other expenses not specifically identified as included in the prize, are the sole responsibility of the Winner. No transfer, assignment, cash redemption or substitution of prizes (or portion of prize) except by Sponsor due to prize unavailability and then for a prize (or applicable portion of prize) of equal or greater value as determined by Sponsor. All details and other restrictions of prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion.
7) WEEKLY WINNER SELECTION/JUDGING.
To be eligible for the drawing for a Weekly Entry Period, an eligible Entry must be received and recorded by Sponsor’s computer or posted to Instagram by the end of the Weekly Entry Period. Entries each week will be reviewed by a panel of judges which will select one weekly prize winner (the “Weekly Prize Winner”), using the following criteria: Execution of Theme (40%), Creativity & Originality (30%); and Photographic Quality (30%), and such determination shall be final and binding. Weekly prize winners will be selected on Monday after each full week during the Contest Period of: Dec 18, 2018 - Jan 2, 2019. In the event of a dispute over the identity of the entrant, entry will be deemed submitted by the authorized account holder of the primary e-mail address associated with the Instagram account used to submit the disputed entry. The authorized account holder is defined as the natural person who is assigned to an email address by an Internet access provided, on-line service provide, or the other organization (e.g. business, educational institute, etc.) that is responsible for assigning e-mail addresses for the domain. All entries must be received by the end of the Submission Period. Sponsor reserves the right to substitute another official judge for any reason (e.g. the unavailability of the original judge) at Sponsor’s sole discretion.
8) NOTIFICATION OF THE WINNER: The potential Winner/s will be notified via a comment on the winning photograph on Instagram by Sponsor within approximately one (1) week of the judges’ decision. Winner/s will be required to execute and return an Affidavit of Eligibility and Liability/Publicity Release (collectively, the “Prize Claim Request”) within seven (7) calendar days following the date of attempted notification. If a selected winner cannot be contacted, is ineligible, fails to claim a prize, fails to redeem the prize by booking a class, and/or fails to return the Prize Claim Documents within the applicable time period, Sponsor may elect to disqualify the selected winner/s, who will then forfeit his or her right to receive the Prize. In the event a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner from among all remaining eligible entries. Only one (1) alternate winner will be selected, after which the prize will remain un-awarded. Except where prohibited, by accepting a prize, the Winner agrees that the Promotion Entities may, without any limitation or further compensation, use his or her name, voice and/or likeness, and winning photograph in any and all media for the purpose of advertising and promoting the Contest.
9) USAGE RIGHTS IN SUBMISSIONS. By entering your Submission in the Contest, you acknowledge and agree that you will retain ownership of any photograph you submit, subject to the license below. The Promotion Entities and their licensees (“Authorized Parties”) shall have the unrestricted and non-exclusive right to reproduce, distribute, display, edit, adapt, publish, perform, broadcast, modify, and otherwise use each Submission in connection with the Contest and promotion of the Contest worldwide, in any and all media, whether now known or later discovered, in perpetuity, without further compensation to the entrant or anyone else. Display or publication of any Submission on an Authorized Party’s website does not indicate the entrant will be selected as a winner.
10) REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION. Each person who enters this Contest covenants, represents and warrants to Sponsor as follows: (i) the Submission is an original work created solely by the entrant, does not infringe on the copyrights, trademarks, moral rights, rights of privacy/publicity or intellectual property rights of any person or entity, and no other party has any right, title, claim, or interest in the photograph; (ii) the Submission is wholly original with entrant and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Submission does not and will not violate any applicable laws, and meets the Submission Requirements set forth above. Each entrant hereby agrees to indemnify and hold the Promotion Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
11) NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Promotion Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s Submission to Sponsor for purposes of the Contest does not place the Promotion Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Submission. Each entrant understands and acknowledges that the Promotion Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas or materials may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Promotion Entity’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Promotion Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Promotion Entity’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief, and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
12) IMPORTANT. PLEASE READ - GENERAL RELEASE AND LIMITATIONS ON LIABILITY. By entering the Contest, entrants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out of-pocket costs incurred, including costs associated with entering the Contest, but in no event will attorneys’ fees be awarded or recoverable; and (3) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. Each entrant acknowledges and agrees that the Promotion Entities and Instagram, Inc. are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: (i) incomplete, lost, late, misdirected or illegible entries or for failure to receive entries due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with Sponsor, or otherwise, that may limit an entrant’s ability to participate in the Contest; (ii) any injury or damage resulting from participation in the Contest and/or the use of any prize including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the entrant’s rights of publicity or privacy, or the entrant’s claim that he or she has somehow been defamed or portrayed in a false light. Promotion Entities assume no responsibility for any damage to an entrant’s computer system which is occasioned by accessing the websites of the Sponsor, PhotoManhattan Inc. and their designees or participating in the Contest, or for any computer system, phone line, mobile phone, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information.
13) GOVERNING LAW. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CONTEST OR IN CONNECTION WITH ANY DESIGN SUBMISSION OR OTHER MATERIAL SUBMITTED IN CONNECTION WITH THE CONTEST, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE DISTRICT OF COLUMBIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THESE RULES SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION. IN THE EVENT THAT ANY PROVISION IS DETERMINED TO BE INVALID OR OTHERWISE UNENFORCEABLE OR ILLEGAL, THESE RULES SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR ILLEGAL PROVISION WERE NOT CONTAINED HEREIN.
14) ARBITRATION PROVISION. By participating in this Contest, each entrant agrees that any and all disputes the entrant may have with, or claims you may have against, the Promotion Entities relating to, arising out of or connected in any way with (i) the Contest, and/or (ii) the awarding or redemption of any prize, and/or (iii) the exploitation or use of any Submission or other material submitted in connection with the Contest, will be resolved individually and exclusively by final and binding arbitration. The arbitration will be conducted in accordance with the American Arbitration Association's (“AAA”) Commercial Arbitration Rules as modified by the terms of this Agreement. If an entrant has any questions about the American Arbitration Association, or wishes to obtain a copy of the AAA’s rules and forms, such entrant may call (800) 778-7879 or visit the AAA’s website at www.adr.org. The arbitration shall take place in New York, NY. before a single arbitrator, selected pursuant to such rules, and shall be conducted on an expedited basis and in strict confidence. The arbitrator shall not have the power to impose punitive damages. Each party hereby waives any and all rights and benefits, which it might otherwise have or be entitled to under federal law or the laws of the District of Columbia or any state to litigate any such dispute in court, it being the intention of the parties to arbitrate all such disputes. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules, and any other agreements the applicable entrant may have entered into with Sponsor in connection with the Contest, and shall be final and binding, and shall provide for each party to bear its own costs of arbitration and attorneys’ fees. EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO A JURY. Judgment upon the award of the arbitrator may be entered or enforced in any court of competent jurisdiction. If either party fails to appear at the hearing on the date designated in accordance with the rules of the American Arbitration Association, or shall otherwise fail to participate in the arbitration proceeding, the arbitrator is hereby empowered to proceed ex parte. If you do not agree to these requirements (or any other provision herein), do not participate in the Contest. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.
15) LIST OF WINNERS: The name of the winners of this Contest will be posted on www.photomanhattan.com once such winners has been selected. MISCELLANEOUS: This Contest is in no way sponsored, endorsed or administered by, or otherwise associated with, Instagram, Inc.
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VIRTUAL:
OFFICIAL RULES - DRAWINGS, RAFFLES AND SWEEPSTAKES.
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
Eligibility: PhotoManhattan’s Promotion ("Promotion") is open only to those legal residents of the 50 United States and the District of Columbia who are at least eighteen (18) years of age at the time of entry. Promotion may only be entered from and in eligible jurisdictions. PhotoManhattan inc (as defined below), Promotion Entities, prize providers, and their respective parent, subsidiary and affiliate companies, employees, agents, and suppliers, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible to participate. In the event of a dispute as to the identity of an entrant, the authorized account holder of the account will be deemed to be the entrant. Administrator may request any potential winner to provide proof that such person is the winner. All potential winners are subject to verification before any prize will be awarded. Subject to all applicable, federal, state, and local laws and regulations. Void where prohibited. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Administrator's decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Sponsor: Learn Spanish New York ("Sponsor").
Administrator: The administrator of the Promotion is PhotoManhattan Inc ("Administrator"). Sponsor and Administrator are collectively referred to herein as "Promotion Entities".
Timing: The Promotion period begins at 8:00 PM Eastern Time on December 15, 2018 and ends at 3:00 PM Easter Time on December 17, 2018. Prizes will be awarded for each entry period as described below. Administrator's clock is the official time keeping device of the Promotion.
How To Enter: There is One (1) way to enter:
1. Via Internet, to enter visit one of the Promotion registration pages located at one of the entry pages set forth below, and complete the registration form. You may be charged data rates if accessing internet from your handset according to the terms in your Wireless Calling Plan. Wireless service is not available in all areas. Entrants must be the registered subscriber of the email account from which the entry is made. Entry page: https://www.photomanhattan.com/product-p/instagra...
For all entries: Each participant is eligible to submit up to one (1) Promotion entry during the Promotion Period, regardless of method or combination of methods of entry or number of entries submitted. Multiple entrants are not permitted to share the same email address, social media or mobile account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, mobile devices or accounts, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated technology or system to participate is prohibited and will result in disqualification. Any automated receipt (such as one confirming delivery of text message or e-mail) does not constitute proof of actual receipt by Administrator of an entry. Promotion Entities are not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. All entries become the property of the Administrator and none will be acknowledged or returned.
Prizes: One (1) $125 Gift Card from PhotoManhattan. One (1) $50 Gift Card from Adorama.
For all prizes: Odds of winning a prize depend on the number of eligible entries received. There will be only one prize per winner. Lost or stolen prizes will not be replaced. Prize does not include any other item or expense not specifically described in these Official Rules, and any such additional expenses are the sole responsibility of winner. Prizes may not be transferred or assigned. Only listed prizes will be awarded and no other prizing or substitutions will be made except at the sole discretion of Administrator. Winners agree to accept the prize "as is", and entrants hereby acknowledge that Promotion Entities have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prize, including express warranties (if any) provided exclusively by a prize supplier that are sent along with the prize. Any valuation of the prize(s) stated above is based on available information provided to Administrator and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes. Each winner must provide Administrator with a valid taxpayer identification number or social security number before any prize will be awarded. A Form 1099 will be issued to the winner for value of prize $600 or more.
Selection and Verification of Potential Winners: Administrator will randomly select winners from all eligible entries as follows:
Drawing Date #1 - one (1): First Place and Second Place winner will be selected on or about December 17, 2018
Administrator's decisions as to the administration and operation of the Promotion and the selection of potential winners are final and binding in all matters related to the Promotion. Administrator reserves the right to disqualify any participant or winner and may refuse to award any prize to a person who is ineligible or has violated any rule, gained unfair advantage in participating in the Promotion, or obtained winner status using fraudulent means.
All potential winners are subject to verification by Administrator. Administrator will not accept screen shots or other evidence of winning in lieu of its validation process. Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Each potential winner will be notified by mail, email or phone. Each potential prize winner may be required to sign and return an Affidavit of Eligibility, Liability and Publicity Release ("Affidavit") (except where prohibited), which must be received by Administrator within seventy-two (72) hours of the time notice or attempted notice is sent, in order to claim a prize (if applicable). If a winner is a minor, the Affidavit must also be executed by the winner's parents or legal guardians. If a potential winner of any prize cannot be contacted, fails to sign and return the Affidavit within the required time period (if applicable), declines the prize or prize is returned as undeliverable, such potential winner forfeits the prize. In the event that a potential winner is disqualified for any reason, Administrator will award the corresponding prize to an alternate winner by random drawing from among all remaining eligible entries. All alternate potential winners are subject to all requirements set forth in these Official Rules. Only three (3) alternate winners will be selected, after which the prize will remain un-awarded.
Publicity: Except where prohibited, participation in the Promotion constitutes winner's consent to Promotion Entities' use of winner's name, social media identity, likeness, photograph, voice, opinions, hometown and state for promotional purposes in connection with this Promotion in any media, worldwide, without further payment or consideration.
Privacy: Information submitted by entrants will be collected by Administrator's systems based in the United States and such collection will be subject to applicable United States laws. Entrants may withdraw personal data upon request; however, entrant will be disqualified if personal data is withdrawn prior to the determination of the winner(s) and fulfillment of the prize(s). Information submitted by entrants is subject to Administrator's privacy policy: http://www.photomanhattan.com/terms_privacy.asp. Entrant's participation in this Promotion constitutes consent for Administrator to use entrant's personal information solely for the purpose of administering the Promotion and awarding the prizes, unless entrant has opted to receive e-mail communications or SMS messages from Administrator. For PhotoManhattan’s privacy policy, go to http://www.photomanhattan.com/terms_privacy.asp.
Errors and Unauthorized Activity: Promotion Entities are not responsible: (1) for 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 Promotion; (2) for technical and/or communications malfunctions, errors or failures of any kind; (3) for unauthorized human intervention in any part of the Promotion; (4) for technical or human error which may occur in the administration of the Promotion or the processing of entries; (5) for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Promotion or receipt or use or misuse of any prize; or (6) if the Promotion cannot take place or if any prize cannot be awarded due to acts of war, natural disasters, weather or acts of terrorism. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Promotion, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Administrator, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Administrator reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims. Administrator reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Promotion Entities' reasonable control impairs the integrity or proper functioning of the Promotion Game, as determined by Administrator in its sole discretion. In such event, Administrator reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Administrator reserves the right, in its sole discretion, to disqualify any individual it suspects or finds to be tampering with the entry process or the operation of the Promotion 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 Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Promotion Entities reserve the right to seek damages from any such person to the fullest extent permitted by law. Promotion Entities' failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Release: By participating in the Promotion, entrant (a) releases PhotoManhattan Inc (as defined below), Promotion Entities, prize providers, promotional agencies, franchisees, and each of their respective parent companies, affiliates, subsidiaries, successors, assigns, agents, representatives, officers, directors, shareholders, and employees, from any and all liability for any claims, costs, injuries, losses or damages of any kind arising in connection with the Promotion, including the unauthorized or illegal access to personally identifiable or sensitive information or acceptance, possession, use, misuse, or nonuse of the prize that may be awarded; and (b) acknowledges that the foregoing parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to a prize including, without limitation, the prize quality or availability.
Disputes: As a condition of participating in the Promotion, entrant agrees that: a) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; b) all causes of action arising out of or connected with this Promotion or the prizes awarded, shall be resolved individually, without resort to any form of class action, exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective; and c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred and in no event shall entrant be entitled to receive attorneys' fees or other legal costs. Promotion Entities reserve the right to modify prize award procedures. The Promotion and these Official Rules, and the validity, construction, performance, and enforcement thereof, shall be governed by and construed in accordance with the laws of 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.
Winner's List: To obtain a list of the names of winners of prizes with a value greater than $25, mail your request and a self-addressed, stamped envelope, up to sixty (60) days after the close of the Promotion, to PhotoManhattan, 51 West 14TH street, Suite 3R. New York, NY 10011, Attention: Promotion Dept.
The Promotion and all accompanying materials are © 2018 PhotoManhattan.
PhotoManhattan, Learn Spanish New York and each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives and employees will have no liability or responsibility for any claim arising in connection with participation in this promotion or any prize awarded.
OFFICIAL RULES - PHOTO CONTESTS
No Purchase Necessary
1) DESCRIPTION OF THE CONTEST. “The PM PIC OF THE WEEK. Instagram Photo Contest” (the “Contest”) is sponsored by Learn Spanish New York, 51 West 14TH ST, Suite 3R (“Sponsor”). A panel of judges will select one (1) winning entry per week (the "Weekly Entry Period"). Contest winners will be selected in accordance with the judging criteria below on or about the first Monday following the end of each contest, in the period of July 6, 2018 - December 15, 2019. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. The Contest begins at 12:00 a.m. Eastern Daylight Time (“EDT”) on December 18, 2018 and ends at 11:59 p.m. EDT on January 2, 2019 (the “Contest Period”)
2) WHO MAY ENTER. The Contest is open only to those legal residents of the 50 United States and the District of Columbia who are 18 years of age or older at the time of entry. Directors, officers and employees, and their immediate family members, or those living in the same household as such directors, officers and employees, of Sponsor or their respective parent, affiliated, or subsidiary companies, agents or representatives (collectively “Promotion Entities”) are not eligible to enter or win. The Contest is void where restricted or prohibited by law.
3) HOW TO ENTER. To participate in the Contest, you must have an Instagram® or Facebook account. There is no cost to register for an Instagram or Facebook account. During the Contest Period, cast your vote by a) Liking your preferred image to vote for 1 point and or b) commenting on your preferred image to vote for 2 points. You can vote on only 1 image.
4) REQUIREMENTS. ALL of the “Requirements” set forth below to be considered (a photograph that meets all such requirements will be referred to as a “Submission”). Failure to complete any step outlined in, or to follow any of, the Official Rules will result in disqualification from the contest: (i) All captions must include the tag @PHOTOMANHATTAN along with additional hashtag/s as indicated each week, and a brief description of the photograph; (ii) the entry must be a still photograph – no videos will be accepted for entry; (iii) the photograph must have been taken in the United States; (iv) the photograph must be a single work of original material taken by the submitting entrant; (v) if the photograph contains any material or elements that are not owned by the entrant and/or which are subject to the rights of third parties, and/or if any persons appear in the photograph, the entrant is responsible for obtaining, prior to submission of the photograph, any and all releases and consents necessary to permit the exhibition and use of the photograph in the manner set forth in these Official Rules without additional compensation. If any person appearing in any photograph is under the age of majority in their state/province/territory of residence the signature of a parent or legal guardian is required on each release. In the event a submitting entrant cannot provide all required releases, Sponsor reserves the right, in Sponsor's sole discretion, to disqualify the applicable Submission, or seek to secure the releases and clearances for Sponsor's benefit, or allow the applicable Submission to remain in the Contest; (vi) the photograph must not, in the sole and unfettered discretion of the Sponsor, contain obscene, provocative, defamatory, sexually explicit, or otherwise objectionable or inappropriate content. Submissions must be received before the end of the Submission Period, and the Sponsor's database clock will be the official timekeeper for this Contest. Proof of transmission is not proof of receipt. Entrants must not transmit anything that contains viruses or anything else that is harmful to any computer. No responsibility is assumed for late or misdirected entries, or any failure or unavailability of hardware, software, electronic communications, or Internet uploading or other connections. Sponsor is not responsible for any changes or effects caused to your mobile phone, computer system or camera or other equipment as a result of submitting an entry; nor for any carrier charges that may be incurred to upload the Submission.
5) PRIZES. The 1st Prize Winner will receive one $50 Gift card, "Gift Certificate". Prize must be redeemed as per the terms and conditions of our Gift certificates as shown at: https://www.photomanhattan.com/photography-gifts-n.... The 2nd Prize Winner will receive one $25 Gift card, "Gift Certificate". Prize must be redeemed as per the terms and conditions of our Gift certificates as shown at: https://www.adorama.com/giftcard. All prizes are limited to availability and may not be extended, transferred or refunded. Any stated difference between the approximate value and actual value of the Prize or any substituted prize will not be awarded. No cash alternative or prize substitutions will be allowed, except Sponsor reserves the right to substitute prize(s) of comparable or greater value in its sole discretion. Prizes are non-transferable, non-extendable, and non-exchangeable. Odds of winning depend on the number of eligible entries received and skill of the entrant. Entries are valid for the Weekly Entry Period during which they are received only and do not carry over to drawings for any subsequent Weekly Entry Period(s). Limit one Weekly Prize per person or household for the entire Contest Period.
6) GENERAL PRIZE CONDITIONS. Prize/s will be awarded only if the potential winner fully complies with these Official Rules. All costs, including federal, state and local taxes, insurance, and other expenses not specifically identified as included in the prize, are the sole responsibility of the Winner. No transfer, assignment, cash redemption or substitution of prizes (or portion of prize) except by Sponsor due to prize unavailability and then for a prize (or applicable portion of prize) of equal or greater value as determined by Sponsor. All details and other restrictions of prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion.
7) WEEKLY WINNER SELECTION/JUDGING.
To be eligible for the drawing for a Weekly Entry Period, an eligible Entry must be received and recorded by Sponsor’s computer or posted to Instagram by the end of the Weekly Entry Period.
Entries each week will be reviewed by a panel of judges which will select one weekly prize winner (the “Weekly Prize Winner”), using the following criteria: Execution of Theme (40%), Creativity & Originality (30%); and Photographic Quality (30%), and such determination shall be final and binding. Weekly prize winners will be selected on Monday after each full week during the Contest Period of: Dec 18, 2018 - Jan 2, 2019.
In the event of a dispute over the identity of the entrant, entry will be deemed submitted by the authorized account holder of the primary e-mail address associated with the Instagram account used to submit the disputed entry. The authorized account holder is defined as the natural person who is assigned to an email address by an Internet access provided, on-line service provide, or the other organization (e.g. business, educational institute, etc.) that is responsible for assigning e-mail addresses for the domain. All entries must be received by the end of the Submission Period. Sponsor reserves the right to substitute another official judge for any reason (e.g. the unavailability of the original judge) at Sponsor’s sole discretion.
8) NOTIFICATION OF THE WINNER: The potential Winner/s will be notified via a comment on the winning photograph on Instagram by Sponsor within approximately one (1) week of the judges’ decision. Winner/s will be required to execute and return an Affidavit of Eligibility and Liability/Publicity Release (collectively, the “Prize Claim Request”) within seven (7) calendar days following the date of attempted notification. If a selected winner cannot be contacted, is ineligible, fails to claim a prize, fails to redeem the prize by booking a class, and/or fails to return the Prize Claim Documents within the applicable time period, Sponsor may elect to disqualify the selected winner/s, who will then forfeit his or her right to receive the Prize. In the event a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner from among all remaining eligible entries. Only one (1) alternate winner will be selected, after which the prize will remain un-awarded. Except where prohibited, by accepting a prize, the Winner agrees that the Promotion Entities may, without any limitation or further compensation, use his or her name, voice and/or likeness, and winning photograph in any and all media for the purpose of advertising and promoting the Contest.
9) USAGE RIGHTS IN SUBMISSIONS. By entering your Submission in the Contest, you acknowledge and agree that you will retain ownership of any photograph you submit, subject to the license below. The Promotion Entities and their licensees (“Authorized Parties”) shall have the unrestricted and non-exclusive right to reproduce, distribute, display, edit, adapt, publish, perform, broadcast, modify, and otherwise use each Submission in connection with the Contest and promotion of the Contest worldwide, in any and all media, whether now known or later discovered, in perpetuity, without further compensation to the entrant or anyone else. Display or publication of any Submission on an Authorized Party’s website does not indicate the entrant will be selected as a winner.
10) REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION. Each person who enters this Contest covenants, represents and warrants to Sponsor as follows: (i) the Submission is an original work created solely by the entrant, does not infringe on the copyrights, trademarks, moral rights, rights of privacy/publicity or intellectual property rights of any person or entity, and no other party has any right, title, claim, or interest in the photograph; (ii) the Submission is wholly original with entrant and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Submission does not and will not violate any applicable laws, and meets the Submission Requirements set forth above. Each entrant hereby agrees to indemnify and hold the Promotion Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
11) NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Promotion Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s Submission to Sponsor for purposes of the Contest does not place the Promotion Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Submission. Each entrant understands and acknowledges that the Promotion Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas or materials may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Promotion Entity’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Promotion Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Promotion Entity’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief, and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
12) IMPORTANT. PLEASE READ - GENERAL RELEASE AND LIMITATIONS ON LIABILITY. By entering the Contest, entrants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out of-pocket costs incurred, including costs associated with entering the Contest, but in no event will attorneys’ fees be awarded or recoverable; and (3) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. Each entrant acknowledges and agrees that the Promotion Entities and Instagram, Inc. are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: (i) incomplete, lost, late, misdirected or illegible entries or for failure to receive entries due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with Sponsor, or otherwise, that may limit an entrant’s ability to participate in the Contest; (ii) any injury or damage resulting from participation in the Contest and/or the use of any prize including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the entrant’s rights of publicity or privacy, or the entrant’s claim that he or she has somehow been defamed or portrayed in a false light. Promotion Entities assume no responsibility for any damage to an entrant’s computer system which is occasioned by accessing the websites of the Sponsor, PhotoManhattan Inc. and their designees or participating in the Contest, or for any computer system, phone line, mobile phone, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information.
13) GOVERNING LAW. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CONTEST OR IN CONNECTION WITH ANY DESIGN SUBMISSION OR OTHER MATERIAL SUBMITTED IN CONNECTION WITH THE CONTEST, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE DISTRICT OF COLUMBIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THESE RULES SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION. IN THE EVENT THAT ANY PROVISION IS DETERMINED TO BE INVALID OR OTHERWISE UNENFORCEABLE OR ILLEGAL, THESE RULES SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR ILLEGAL PROVISION WERE NOT CONTAINED HEREIN.
14) ARBITRATION PROVISION. By participating in this Contest, each entrant agrees that any and all disputes the entrant may have with, or claims you may have against, the Promotion Entities relating to, arising out of or connected in any way with (i) the Contest, and/or (ii) the awarding or redemption of any prize, and/or (iii) the exploitation or use of any Submission or other material submitted in connection with the Contest, will be resolved individually and exclusively by final and binding arbitration. The arbitration will be conducted in accordance with the American Arbitration Association's (“AAA”) Commercial Arbitration Rules as modified by the terms of this Agreement. If an entrant has any questions about the American Arbitration Association, or wishes to obtain a copy of the AAA’s rules and forms, such entrant may call (800) 778-7879 or visit the AAA’s website at www.adr.org. The arbitration shall take place in New York, NY. before a single arbitrator, selected pursuant to such rules, and shall be conducted on an expedited basis and in strict confidence. The arbitrator shall not have the power to impose punitive damages. Each party hereby waives any and all rights and benefits, which it might otherwise have or be entitled to under federal law or the laws of the District of Columbia or any state to litigate any such dispute in court, it being the intention of the parties to arbitrate all such disputes. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules, and any other agreements the applicable entrant may have entered into with Sponsor in connection with the Contest, and shall be final and binding, and shall provide for each party to bear its own costs of arbitration and attorneys’ fees. EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO A JURY. Judgment upon the award of the arbitrator may be entered or enforced in any court of competent jurisdiction. If either party fails to appear at the hearing on the date designated in accordance with the rules of the American Arbitration Association, or shall otherwise fail to participate in the arbitration proceeding, the arbitrator is hereby empowered to proceed ex parte. If you do not agree to these requirements (or any other provision herein), do not participate in the Contest. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.
15) LIST OF WINNERS: The name of the winners of this Contest will be posted on www.photomanhattan.com once such winners has been selected. MISCELLANEOUS: This Contest is in no way sponsored, endorsed or administered by, or otherwise associated with, Instagram, Inc.
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