OFFICIAL RULES

    The STATE Grill and Bar Date Night Social Giveaway (“Giveaway”) begins at 12:00 PM EST on 1/13/20 and ends at 12:00PM EST on 1/17/20.

    Giveaway Sponsor: Empire State Realty Trust, Inc., 111 West 33rd Street, 12th Floor, New York, NY 10120.

    Administrator: Renegade, LLC, 121 East 24th St, New York, New York 10010.

  1. HOW TO PARTICIPATE: The Giveaway starts at 12:00 PM EST on January 13th, 2020 and ends at 12:00 PM EST on January 17th, 2020, known as the “Giveaway Period.”

    Participants must use the following method to enter:

    Instagram: Visit instagram.com/stategrill. You must be following the @stategrill Instagram account during the Giveaway Period, or your comment/Entry will not be counted. Locate the Giveaway Post, like and leave a comment on the Giveaway Post, including another user’s Instagram handle (tag) in your comment/Entry. You must tag a user (handle) in your comment/Entry, or your Entry will not be counted. Comments/Entries containing no handle (tag) will not be counted. Comments/Entries not left on the specific Giveaway Post (i.e. comments/Entries left on other posts), will not be counted. You may only include one handle (tag) per Submission. Each Entry must include a unique comment. For the Giveaway, you may enter multiple times, and each comment will count as an Entry, however, each Entry must have a different handle (tag). Any comment/Entry that contains multiple handles (tags) or duplicate handles (tags) from comments/Entries left by the same participant on the same Giveaway Post will not be valid. All handles tagged must be valid Instagram accounts. Comments/Entries in which participants have tagged broken/non-existent handles, or a handle of an alternative Instagram account held by that participant, will not be counted.

  2. ELIGIBILITY: The Giveaway is open to permanent legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older as of January 13th, 2020. Entries are limited to individuals only; commercial enterprises and business entities are not eligible. By participating in the Giveaway, each participant accepts the conditions stated in these Official Rules, agrees to be bound by the decisions of Giveaway Sponsor and Administrator and warrants that she/he is eligible to participate in the Giveaway. Employees, independent contractors, officers and directors of the Giveaway Sponsor and its affiliates, any other organizations affiliated with the sponsorship, fulfillment, administration, prize support, advertisement or promotion of the Giveaway, and any of their respective agents, affiliates, subsidiaries, and members of their immediate families or persons residing in the same residence, are not eligible to participate in the Giveaway. The giveaway is void where prohibited by law or regulation and is subject to applicable federal, state and local laws and regulations.

  3. WINNER SELECTION: One winner will be randomly selected from the eligible Entries on or around January 21st, 2020.

    The winner will be notified via DM (“Direct message”) on Instagram, to the account (handle) he/she used to enter the Giveaway. Such notification shall include a request for an email address and full name. If the winner does not provide this requested information to the Administrator within 24 hours after such notification is sent, his/her Entry will be void and the Giveaway Sponsor may randomly select a new winner in his/her place. Upon receipt of such requested information, the Administrator will send to the email address provided by the winner (the “Prize Notification Email”) instructions for the winner’s proper acceptance of the prize(s). If a Prize Notification Email is returned as undeliverable, another eligible Entry may be selected as an alternate winner. The Giveaway Sponsor and Administrator are not responsible for and shall not be liable for late, lost, misdirected or unsuccessful efforts to notify winners.

  4. PRIZE: One winner will receive one (1) prize which consists of dinner for two at STATE Grill and Bar including one appetizer, two entrees, two desserts and unlimited non-alcoholic beverages, with an approximate value of $200.00 USD. Acceptance of a prize constitutes acceptance of these terms and conditions. That is the entirety of the prize, as it does not include travel or transportation nor a per diem to use at the game or any other accommodations.

    The odds of winning the Giveaway are affected by the number of eligible Entries received. Each winner will be responsible for all other, or potential, expenses not specifically set forth herein, including any and all travel, boarding expenses and any and all related expenses. Any and all taxes on any prize, including income and/or sales taxes, are the sole responsibility of a winner. Giveaway Sponsor reserves the right to substitute a prize of equal or greater value if the prize (or a portion thereof) cannot be awarded as described. Giveaway Sponsor will determine all elements of a prize in its sole discretion, including the method for selection of a winner on a random basis. Prize(s) may not be assigned, transferred, changed or redeemed for cash, except at the sole discretion of Giveaway Sponsor. Prize(s) are awarded "as is" with no warranty or guarantee express or implied. The awarding of any prize is contingent upon full compliance with these Official Rules. Participants agree that if any winner fails to provide proof of identity, refuses to provide required information, is found to have violated these Official Rules or otherwise does not meet eligibility criteria, any prize to be awarded to such winner will be forfeited.

  5. PRIVACY: Submitting a full legal name and email address to the Giveaway Sponsor and Administrator is required to claim a prize. When you win a prize, Giveaway Sponsor and Administrator may collect personally identifiable information about you, including your name, age, Instagram handle, and email address. For more information about our privacy policies and procedures, please review Empire State Realty Trust’s privacy policy here: http://www.empirestaterealtytrust.com/privacy-policy.

  6. CONDITIONS: The Giveaway Sponsor, Administrator, ESRT, STATE Grill and Bar, The Patina Group, Facebook and Instagram and their respective agents, directors, officers, shareholders, employees, insurers, servants, parents, subsidiaries, divisions, affiliates, predecessors, successors, representatives, advertising, promotion, and fulfillment agencies and legal advisors (the "Released Parties"), are not responsible for, shall not be liable for and hereby disclaim liability arising from or relating to: late, lost, delayed, damaged, misdirected, misaddressed, incomplete, or unintelligible Entries; (ii) telephone, electronic, hardware or software program, network, Internet, computer or other malfunctions, failures, or difficulties of any kind, whether human or technical; (iii) failed, incomplete, garbled, or delayed computer or e-mail transmissions; (iv) any condition caused by events beyond the control of any such Released Party; (v) any injuries, losses, or damages of any kind arising in connection with or as a result of any prize, or any portion thereof that may have been awarded, or acceptance, possession, or use of any prize, or any portion thereof that may have been awarded, or from participation in the Giveaway; or (vi) any printing or typographical errors in any materials associated with the Giveaway. The Giveaway Sponsor reserves the right, in its sole discretion, to suspend, modify or cancel the Giveaway should any unauthorized human intervention or other causes beyond the Giveaway Sponsor’s control corrupt or affect the administration, security, fairness or proper conduct of the Giveaway. In the event that proper administration of the Giveaway is prevented by such causes as contemplated above, the Giveaway Sponsor may pick the winners from all eligible Entries received prior to such preventive event or action. By participating in the Giveaway, participants and winners agree to release and discharge the Released Parties and all others associated with the development and execution of the Giveaway, from any and all losses, damages, rights, claims and actions of any kind arising out of or relating to the Giveaway, participation in the Giveaway, any prize, or any portion thereof that may have been awarded, and/or acceptance, possession, use or misuse of any prize, or any portion thereof that may have been awarded, including but not limited to statutory and common law claims for misappropriation of participant’s right of publicity (whether or not a winner).

  7. DISPUTE RESOLUTION: Except where prohibited, Giveaway participants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant(s) and Giveaway Sponsor, Administrator and their agents shall be governed by and construed exclusively in accordance with the laws of the State of New York without giving effect to any principles of conflicts of law of any jurisdiction. Without in any way limiting the release granted in Section 6, Participant agrees that any action at law or in equity arising out of or relating to the Giveaway, or awarding of any prize, shall be filed only in the state or federal courts located in the City of New York, and participant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action. Except where prohibited by law, by participating in the Giveaway, participant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Giveaway, or awarding of any prize, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Giveaway but in no event attorneys' fees; and (c) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental and consequential damages or any other damages other than for actual out-of-pocket expenses, and participant hereby waives any and all rights to have damages multiplied or otherwise increased. Certain jurisdictions do not allow limitations or exclusion of liability for incidental or consequential damages, and therefore any or all of the above referenced limitations and exclusions may not apply to you.

  8. NOTICE: The Giveaway Sponsor reserves the right to prosecute and seek damages against any individual who attempts deliberately to undermine the proper administration of the Giveaway in violation of these Official Rules and/or criminal and/or civil law.

    Empire State Realty Trust and the associated name and image trademarks and logos of each cannot be used without written permission. Any trademarks in these Official Rules are used for prize identification purposes only and are the properties of their respective owners. All rights reserved.