The Rink 80th Anniversary
Official Contest Rules
OFFICIAL CONTEST RULES
___________________________________
NO PURCHASE, PAYMENT, ENTRY FEE OR PROOF-OF-PURCHASE NECESSARY TO ENTER OR CLAIM THE PRIZE. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY.
1. Contest Description and Period: Raroc, LLC’s (the “Sponsor”) #TheRink80th Contest (the “Contest”) begins at 9:00 a.m. Eastern Time (“ET”) on October 7, 2016 and ends 12:00 a.m. ET on December 12, 2016 (the “Entry Period”). An individual may submit an entry by posting or re-posting a photograph of a favorite moment or memory at The Rink at Rockefeller Center on Facebook or Instagram labeled with the hashtag #TheRink80th (“Entry”).
By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Contest Rules and the decisions of Sponsor, which shall be final and binding in all respects. Sponsor’s decisions are final and binding in all matters relating to this Contest.
2. Eligibility: The Contest is open only to anyone 18 years of age and older as of October 7, 2016 (if different, the age of majority as established by such individual’s state of residence: 19 years in Alabama, Delaware, Nebraska or 21 years in Mississippi).
Each Entry will be deemed to be submitted by the natural person who is the authorized holder of the transmitting Facebook or Instagram account as of the time of Entry. “Authorized Account Holder” is defined as the natural person who is assigned that social media account by the social media organization.
Potential winners may be required to provide proof of eligibility upon request. Sponsor cannot accurately predict the number of entrants who will participate in the Contest.
3. How to Enter: During the Entry Period, an Entry may be submitted by: (1) posting a photo of a favorite moment or memory at The Rink at Rockefeller Center on Facebook or Instagram labeled with the hashtag #TheRink80th; or (2) re-posting a photograph on Facebook or Instagram depicting a favorite moment or memory at The Rink at Rockefeller Center labeled with the hashtag #TheRink80th. Each uploaded photograph with the hashtag #TheRink80th will be treated as one Entry. If the same photograph is posted on both Instagram and Facebook with #TheRink80th, it will be treated as one Entry. An individual may submit multiple Entries.
All Entries become the property of the Sponsor and will not be acknowledged or returned. Entries must not contain or depict any defamatory, derogatory, obscene, sexually-explicit, abusive, harassing, hateful, discriminatory, threatening, or vulgar material and must be otherwise fit for publication, posting and uploading, as determined by Sponsor in its sole discretion. Entries must not contain any material that infringes upon any personal, proprietary, or any other right of any third party. Entries must not contain any references to tobacco, drug paraphernalia, or any description or representation thereof. Sponsor reserves the right to reject and disqualify any Entry that could be offensive or inappropriate or that do not meet the terms and conditions of these Official Contest Rules.
Normal Internet access, phone charges and usage charges imposed your online/phone service providers will apply.
The Sponsor is not responsible for or assumes any liability for (a) any incorrect or inaccurate Entry information, or for any faulty, failed, garbled or jumbled electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of Entries at any point in the operation of this Contest or for miscommunications or for the incorrect or inaccurate capture of information, or the failure to capture any information; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or transmission or communications line failure, regardless of cause, with regard to any equipment, software, systems, networks, lines, satellites, servers, computers or providers; (d) inaccessibility or unavailability of the Internet, including any failure of any electronic Entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof; or (e) any injury or damage to the entrant’s or to any other person’s computer which may be related to or resulting from any attempt to participate in the Contest.
No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Contest if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures, or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Contest as contemplated herein. If for any reason the Contest is not capable of running as planned, including without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures beyond Sponsor’s control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Contest and to disqualify any individual who tampers with the Entry process.
Entrants further agree not to knowingly damage or cause interruption of the Contest and/or prevent others from participating in the Contest. ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY VIOLATE CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
4. Entrant Information. All entrant information, including e-mail addresses, collected in connection with this Contest will be maintained and used in accordance with these Official Contest Rules and the Privacy Policy of the Sponsor available at www.patinagroup.com (the “Website”).
Eligible Entries may be available on the Instagram and Facebook pages of the Sponsor for viewing by the general public. Any such postings will be deemed made at the direction of the entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. Entries that do not comply with these Official Contest Rules, as determined in Sponsor’s sole discretion, will be disqualified from the Contest and may not appear or be removed from the Sponsor’s Instagram and Facebook pages. Decisions of the Sponsor are final and binding.
By entering the Contest, all entrants understand and agree that all eligible Entries will be posted on the internet (and other media as designated by the Sponsor in its sole discretion) for public view on Facebook and Instagram and the Sponsor’s Facebook or Instagram pages and any such posting will be deemed made at the direction of the entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. Further, by entering, each entrant agrees to give the Sponsor permission to use his/her name and likeness. Any entrant who incorporates any intellectual property owned by a third party into his or her Entry does so at his or her own risk. If Sponsor is duly notified that any element of an entrant’s Entry infringes upon the rights of another person and/or receives a legally valid request to remove the affected Entry from the Sponsor’s Instagram or Facebook page because of such infringement, such Entry may be disqualified from the Contest, as Sponsor may determine in its sole discretion. Further, no entrant will be eligible to receive a prize unless Sponsor determines, in its sole and absolute discretion that such entrant’s Entry has been or can be sufficiently cleared for legal purposes.
5. Winner Selection:
Entries will be judged by representatives or agents of Sponsor. One (1) winner will be selected every Friday beginning on Friday, October 14, 2016 until Friday, December 16, 2016 among all eligible Entries received during the Entry Period based on the following criteria: (a) Photo clarity and quality – 50% and (b) style and relevance – 50%. The last winner will be selected on December 16, 2016. Each winner will be contacted via direct message on Instagram or a private message on Facebook. Each winner will have three (3) business days to respond to the direct message and provide Sponsor with a day-time telephone number and email address where such winner can be contacted in order to verify his or her eligibility to participate in the Contest. A winner who does not respond to the email contact within three (3) business days will forfeit his or her opportunity to be selected. Each winner will be required to execute and return the form of a release provided by the Sponsor, where allowed by law, within five (5) business days after it is received by winner as a condition precedent to receiving the prize.
6. Prize Details and Restrictions:
Selected winners will receive a $50 food and beverage gift card that is valid for use at any Patina Restaurant Group location until December 31, 2017. A total of ten (10) prizes will be awarded between October 14, 216 and December 16, 2016. No cash in lieu of prize(s) will be provided. All applicable state, federal and local taxes related to the prize are the sole responsibility of the winner. All potential winners are subject to verification of eligibility. If for any reason any announced winning Entry (or portion thereof) becomes unavailable, Sponsor in its sole discretion may select another Entry (except as otherwise indicated herein).
7. Releases and Indemnification. Each entrant agrees to release, defend, indemnify and hold harmless Raroc, LLC, Patina Restaurant Group, LLC, Delaware North Companies, Inc. and their respective affiliates, subsidiaries, successors, assignors, employees and agents (the “Released Parties”) from any and all liability for claims, injuries, causes of action, losses or damages of any kind, including without limitation, wrongful death, personal injury or intellectual property infringement, arising out of or related, in whole or in part, to participation in the Contest or any Contest-related activity, or from entrant’s possession, acceptance, receipt or use/misuse of any prize, whether under contract, tort or any other legal theory, and, further agrees to indemnify Released Parties against any liability or expense (including reasonable attorney’s fees) arising in connection with the foregoing. Released Parties are not responsible for any inability of any winner to accept or use any prize (or any portion thereof) for any reason.
8. Grant of Rights and Publicity Release: By participating in the Contest, each entrant irrevocably grants Sponsor and its affiliates, agents, successors and assigns a non-exclusive, unlimited, worldwide, perpetual, royalty free, transferable license and right (but not the obligation) to reproduce, publicly perform, distribute, exploit, publicly display, and otherwise use the Entry in any way, for any reason, and in any and all media, without limitation, and without further notice, consent or consideration to the entrant. Without in any way limiting the foregoing, Sponsor shall have the right, in its sole discretion, to modify and make derivative works of the Entry for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein. Sponsor shall have the right to freely sublicense its rights hereunder, in whole or in part, to any person or entity. Sponsor shall retain the rights granted in each Entry even if the Entry is disqualified or fails to meet the requirements set forth in these Official Contest Rules.
9. Force Majeure: In the event an insufficient number of eligible Entries are received and/or Sponsor is prevented from selecting winners or continuing with the Contest as contemplated by these Official Contest Rules by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend, or terminate the Contest. If the Contest is terminated before the end of the contest period, Sponsor will (if possible) select the winners from all eligible Entries received as of the date of the event giving rise to the termination.
10. Social Media Disclaimer and Release: This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. Entrants understand that they are providing their information to Sponsor and not to Facebook or Instagram. Any questions, comments or complaints must be directed to Sponsor, and not to Facebook or Instagram. By participating in the Contest, each entrant releases and agrees to indemnify Facebook and Instagram and hold them harmless from and against any and all costs, claims, damages, (including, without limitation, any special, incidental or consequential damages), or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, death or violation of any personal rights, such as violation of right of publicity/privacy, libel, or slander), due in whole or in part, directly or indirectly, to participation in the Contest, or arising out of participation in any Contest-related or prize-related activity, or the receipt, enjoyment, participation in, use or misuse, of any Contest or prize-related activity, whether hosted by the Sponsor or a third party. Facebook and Instagram have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose.
BY ENTERING THIS CONTEST, YOU UNDERSTAND THAT YOU ARE PROVIDING YOUR INFORMATION TO THE SPONSOR AND NOT TO FACEBOOK OR INSTAGRAM AS THIS CONTEST IS NOT SPONSORED, ENDORSED OR ADMINISTERED BY FACEBOOK OR INSTAGRAM, NOR IS FACEBOOK OR INSTAGRAM ASSOCIATED WITH THIS CONTEST IN ANY WAY. ANY QUESTIONS, COMMENTS OR COMPLAINTS REGARDING THIS CONTEST MUST BE DIRECTED TO SPONSOR, AND NOT TO FACEBOOK OR INSTAGRAM.
11. DISPUTES/CHOICE OF LAW: Except where prohibited, and subject to the release and waiver of claims provisions herein, entrants agree: (1) that any and all disputes, claims, and causes of action arising out of or connected with the Contest, or the determination of the winners, shall be resolved individually, without resort to any form of class action; (2) to waive any right to seek or obtain injunctive or other equitable relief; (3) that 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 attorneys’ fees; and (4) that 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Contest Rules, or the rights and obligations of entrant and/or Released Parties in connection with contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without regard for conflicts of law doctrine of New York or any other jurisdiction.
12. General. Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. Unless otherwise stated in these Official Rules, in the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official 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.
13. Winners List: To request any legally required winner’s list, send an email with subject line: "#TheRink80th Contest” " to therink@patinagroup.com. Names of winners are available after the Contest End Date.
___________________________________
NO PURCHASE, PAYMENT, ENTRY FEE OR PROOF-OF-PURCHASE NECESSARY TO ENTER OR CLAIM THE PRIZE. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY.
1. Contest Description and Period: Raroc, LLC’s (the “Sponsor”) #TheRink80th Contest (the “Contest”) begins at 9:00 a.m. Eastern Time (“ET”) on October 7, 2016 and ends 12:00 a.m. ET on December 12, 2016 (the “Entry Period”). An individual may submit an entry by posting or re-posting a photograph of a favorite moment or memory at The Rink at Rockefeller Center on Facebook or Instagram labeled with the hashtag #TheRink80th (“Entry”).
By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Contest Rules and the decisions of Sponsor, which shall be final and binding in all respects. Sponsor’s decisions are final and binding in all matters relating to this Contest.
2. Eligibility: The Contest is open only to anyone 18 years of age and older as of October 7, 2016 (if different, the age of majority as established by such individual’s state of residence: 19 years in Alabama, Delaware, Nebraska or 21 years in Mississippi).
Each Entry will be deemed to be submitted by the natural person who is the authorized holder of the transmitting Facebook or Instagram account as of the time of Entry. “Authorized Account Holder” is defined as the natural person who is assigned that social media account by the social media organization.
Potential winners may be required to provide proof of eligibility upon request. Sponsor cannot accurately predict the number of entrants who will participate in the Contest.
3. How to Enter: During the Entry Period, an Entry may be submitted by: (1) posting a photo of a favorite moment or memory at The Rink at Rockefeller Center on Facebook or Instagram labeled with the hashtag #TheRink80th; or (2) re-posting a photograph on Facebook or Instagram depicting a favorite moment or memory at The Rink at Rockefeller Center labeled with the hashtag #TheRink80th. Each uploaded photograph with the hashtag #TheRink80th will be treated as one Entry. If the same photograph is posted on both Instagram and Facebook with #TheRink80th, it will be treated as one Entry. An individual may submit multiple Entries.
All Entries become the property of the Sponsor and will not be acknowledged or returned. Entries must not contain or depict any defamatory, derogatory, obscene, sexually-explicit, abusive, harassing, hateful, discriminatory, threatening, or vulgar material and must be otherwise fit for publication, posting and uploading, as determined by Sponsor in its sole discretion. Entries must not contain any material that infringes upon any personal, proprietary, or any other right of any third party. Entries must not contain any references to tobacco, drug paraphernalia, or any description or representation thereof. Sponsor reserves the right to reject and disqualify any Entry that could be offensive or inappropriate or that do not meet the terms and conditions of these Official Contest Rules.
Normal Internet access, phone charges and usage charges imposed your online/phone service providers will apply.
The Sponsor is not responsible for or assumes any liability for (a) any incorrect or inaccurate Entry information, or for any faulty, failed, garbled or jumbled electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of Entries at any point in the operation of this Contest or for miscommunications or for the incorrect or inaccurate capture of information, or the failure to capture any information; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or transmission or communications line failure, regardless of cause, with regard to any equipment, software, systems, networks, lines, satellites, servers, computers or providers; (d) inaccessibility or unavailability of the Internet, including any failure of any electronic Entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof; or (e) any injury or damage to the entrant’s or to any other person’s computer which may be related to or resulting from any attempt to participate in the Contest.
No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Contest if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures, or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Contest as contemplated herein. If for any reason the Contest is not capable of running as planned, including without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures beyond Sponsor’s control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Contest and to disqualify any individual who tampers with the Entry process.
Entrants further agree not to knowingly damage or cause interruption of the Contest and/or prevent others from participating in the Contest. ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY VIOLATE CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
4. Entrant Information. All entrant information, including e-mail addresses, collected in connection with this Contest will be maintained and used in accordance with these Official Contest Rules and the Privacy Policy of the Sponsor available at www.patinagroup.com (the “Website”).
Eligible Entries may be available on the Instagram and Facebook pages of the Sponsor for viewing by the general public. Any such postings will be deemed made at the direction of the entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. Entries that do not comply with these Official Contest Rules, as determined in Sponsor’s sole discretion, will be disqualified from the Contest and may not appear or be removed from the Sponsor’s Instagram and Facebook pages. Decisions of the Sponsor are final and binding.
By entering the Contest, all entrants understand and agree that all eligible Entries will be posted on the internet (and other media as designated by the Sponsor in its sole discretion) for public view on Facebook and Instagram and the Sponsor’s Facebook or Instagram pages and any such posting will be deemed made at the direction of the entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. Further, by entering, each entrant agrees to give the Sponsor permission to use his/her name and likeness. Any entrant who incorporates any intellectual property owned by a third party into his or her Entry does so at his or her own risk. If Sponsor is duly notified that any element of an entrant’s Entry infringes upon the rights of another person and/or receives a legally valid request to remove the affected Entry from the Sponsor’s Instagram or Facebook page because of such infringement, such Entry may be disqualified from the Contest, as Sponsor may determine in its sole discretion. Further, no entrant will be eligible to receive a prize unless Sponsor determines, in its sole and absolute discretion that such entrant’s Entry has been or can be sufficiently cleared for legal purposes.
5. Winner Selection:
Entries will be judged by representatives or agents of Sponsor. One (1) winner will be selected every Friday beginning on Friday, October 14, 2016 until Friday, December 16, 2016 among all eligible Entries received during the Entry Period based on the following criteria: (a) Photo clarity and quality – 50% and (b) style and relevance – 50%. The last winner will be selected on December 16, 2016. Each winner will be contacted via direct message on Instagram or a private message on Facebook. Each winner will have three (3) business days to respond to the direct message and provide Sponsor with a day-time telephone number and email address where such winner can be contacted in order to verify his or her eligibility to participate in the Contest. A winner who does not respond to the email contact within three (3) business days will forfeit his or her opportunity to be selected. Each winner will be required to execute and return the form of a release provided by the Sponsor, where allowed by law, within five (5) business days after it is received by winner as a condition precedent to receiving the prize.
6. Prize Details and Restrictions:
Selected winners will receive a $50 food and beverage gift card that is valid for use at any Patina Restaurant Group location until December 31, 2017. A total of ten (10) prizes will be awarded between October 14, 216 and December 16, 2016. No cash in lieu of prize(s) will be provided. All applicable state, federal and local taxes related to the prize are the sole responsibility of the winner. All potential winners are subject to verification of eligibility. If for any reason any announced winning Entry (or portion thereof) becomes unavailable, Sponsor in its sole discretion may select another Entry (except as otherwise indicated herein).
7. Releases and Indemnification. Each entrant agrees to release, defend, indemnify and hold harmless Raroc, LLC, Patina Restaurant Group, LLC, Delaware North Companies, Inc. and their respective affiliates, subsidiaries, successors, assignors, employees and agents (the “Released Parties”) from any and all liability for claims, injuries, causes of action, losses or damages of any kind, including without limitation, wrongful death, personal injury or intellectual property infringement, arising out of or related, in whole or in part, to participation in the Contest or any Contest-related activity, or from entrant’s possession, acceptance, receipt or use/misuse of any prize, whether under contract, tort or any other legal theory, and, further agrees to indemnify Released Parties against any liability or expense (including reasonable attorney’s fees) arising in connection with the foregoing. Released Parties are not responsible for any inability of any winner to accept or use any prize (or any portion thereof) for any reason.
8. Grant of Rights and Publicity Release: By participating in the Contest, each entrant irrevocably grants Sponsor and its affiliates, agents, successors and assigns a non-exclusive, unlimited, worldwide, perpetual, royalty free, transferable license and right (but not the obligation) to reproduce, publicly perform, distribute, exploit, publicly display, and otherwise use the Entry in any way, for any reason, and in any and all media, without limitation, and without further notice, consent or consideration to the entrant. Without in any way limiting the foregoing, Sponsor shall have the right, in its sole discretion, to modify and make derivative works of the Entry for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein. Sponsor shall have the right to freely sublicense its rights hereunder, in whole or in part, to any person or entity. Sponsor shall retain the rights granted in each Entry even if the Entry is disqualified or fails to meet the requirements set forth in these Official Contest Rules.
9. Force Majeure: In the event an insufficient number of eligible Entries are received and/or Sponsor is prevented from selecting winners or continuing with the Contest as contemplated by these Official Contest Rules by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend, or terminate the Contest. If the Contest is terminated before the end of the contest period, Sponsor will (if possible) select the winners from all eligible Entries received as of the date of the event giving rise to the termination.
10. Social Media Disclaimer and Release: This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. Entrants understand that they are providing their information to Sponsor and not to Facebook or Instagram. Any questions, comments or complaints must be directed to Sponsor, and not to Facebook or Instagram. By participating in the Contest, each entrant releases and agrees to indemnify Facebook and Instagram and hold them harmless from and against any and all costs, claims, damages, (including, without limitation, any special, incidental or consequential damages), or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, death or violation of any personal rights, such as violation of right of publicity/privacy, libel, or slander), due in whole or in part, directly or indirectly, to participation in the Contest, or arising out of participation in any Contest-related or prize-related activity, or the receipt, enjoyment, participation in, use or misuse, of any Contest or prize-related activity, whether hosted by the Sponsor or a third party. Facebook and Instagram have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose.
BY ENTERING THIS CONTEST, YOU UNDERSTAND THAT YOU ARE PROVIDING YOUR INFORMATION TO THE SPONSOR AND NOT TO FACEBOOK OR INSTAGRAM AS THIS CONTEST IS NOT SPONSORED, ENDORSED OR ADMINISTERED BY FACEBOOK OR INSTAGRAM, NOR IS FACEBOOK OR INSTAGRAM ASSOCIATED WITH THIS CONTEST IN ANY WAY. ANY QUESTIONS, COMMENTS OR COMPLAINTS REGARDING THIS CONTEST MUST BE DIRECTED TO SPONSOR, AND NOT TO FACEBOOK OR INSTAGRAM.
11. DISPUTES/CHOICE OF LAW: Except where prohibited, and subject to the release and waiver of claims provisions herein, entrants agree: (1) that any and all disputes, claims, and causes of action arising out of or connected with the Contest, or the determination of the winners, shall be resolved individually, without resort to any form of class action; (2) to waive any right to seek or obtain injunctive or other equitable relief; (3) that 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 attorneys’ fees; and (4) that 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Contest Rules, or the rights and obligations of entrant and/or Released Parties in connection with contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without regard for conflicts of law doctrine of New York or any other jurisdiction.
12. General. Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. Unless otherwise stated in these Official Rules, in the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official 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.
13. Winners List: To request any legally required winner’s list, send an email with subject line: "#TheRink80th Contest” " to therink@patinagroup.com. Names of winners are available after the Contest End Date.