Enter to win a luxurious trip to London to tour the set of the Downton Abbey film
Downton Abbey: The Exhibition and Viking, the leader in river and small ship ocean cruising, have partnered to present fans a chance to tour the Downton Abbey movie set in London. The winning contestant will enjoy two business class tickets to London, four star accommodations and a behind-the-scenes tour of the film.
Two ways to enter:
- Come to the exhibition and post a photo of yourself here to Instagram or Twitter with hashtag #DowntonVikingSweepstakes before we close on Sept 3rd.
- Follow Downton Abbey and/or Viking Cruises on Facebook and comment on the #DowntonVikingSweepstakes post with a photo of yourself at Downton Abbey: The Exhibition before we close on September 3rd.
The exhibition is located at 218 W 57th Street (between Broadway and 7th Avenue), New York City and is open daily between 10am and 6:30pm, including holidays.
All posts must be made between August 9th and September 3rd, 2018. A winner will be drawn at random. Limit 1 entry per person on each of Facebook, Twitter, and Instagram.
Prize: A 4 night trip to London, England including a visit to the Downton Abbey movie set to be taken in September, October, or November 2018 (exact dates to be determined by the Promoter). Includes roundtrip business class airfare and four star hotel accommodation (continental breakfast included) for 2 people courtesy of Viking Cruises.
Contest Terms and Conditions
Downton Abbey: The Exhibition MOVIE SWEEPSTAKES
Terms and Conditions
JULY 30, 2018
PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. Void where prohibited. Movie sweepstakes will begin on AUGUST 9, 2018 at 9AM US Eastern Standard Time (“EST”) and end on SEPTEMBER 3, 2018 at 6.30PM EST (“Sweepstakes Period”). All times in the Competition refer to EST. Odds of winning depend on the number of eligible entries. The Competition is subject to all federal, state and local laws.
“Competition”: movie sweepstakes
“Exhibition”: ‘Downton Abbey: The Exhibition’ currently located at 218 W 57th Street, New York
“Promoter’s Twitter Account”: https://twitter.com/DowntonAbbey
“Promoter’s Facebook Page”: https://www.facebook.com/DowntonAbbey/ AND/OR https://www.facebook.com/
“Promoter’s Instagram Account”: Downton Abbey_Official @downtonabbey_official
“Minimum Age”: 21 (at the Start Date)
“Number of Prize Winners”: 1
“Start Date”: August 9, 2018 at 9am EST
“Closing Time”: September 3, 2018 at 6.30pm EST
”Selection Period”: From Closing Time until 7 clear day(s) after the Closing Time OR 6pm EST on September 10, 2018 (inclusive).
“Notification Period”: From Closing Time until 14 clear day(s) after the Closing Time OR 6pm EST on September 17, 2018 (inclusive).
“Response Deadline”: 2 days after the date of the Prize Notification OR latest 6pm EST on September 19, 2018.
“Delivery Timescale”: up to 65 days from the date the Promoter receives a response OR on or before 6pm on November 22, 2018.
“Twitter Entry Limit”: 1
“Facebook Entry Limit”: 1
“Instagram Entry Limit”: 1
“Platform(s)”: Twitter, Instagram and Facebook
“Selection Criteria”: A winner will be selected at random.
“Website”: the website at the address https://downton.wpengine.com/
By entering the Competition via Twitter and/or Facebook and/or Instagram, you acknowledge and agree that you accept and will be bound by the following terms and conditions (“T&Cs”) relating to the Competition.
PROMOTER AND SPONSOR:
The promoter of the Competition is Carnival (DAX) Limited (“Promoter”), a company registered in England and Wales with Company Number 10974260 whose registered address is at 1 Central St. Giles, St. Giles High Street, London, WC2H 8NU (“Registered Office”). If you have any questions or concerns in relation to the Competition, you can write to the Promoter at the Registered Office or email the Promoter at firstname.lastname@example.org, marking your letter or email for the attention of the ‘Downton Abbey: The Exhibition’ Marketing Team and giving the name of the Competition and details of the question or concern.
The sponsor of the Competition is Viking Cruises (“Sponsor”), a company registered in the United States of America with Company Number 95-4788283 whose registered address is at 5700 Canoga Ave, Ste 200, Woodland Hills, CA 91367
(a) AGE Entrants must be the Minimum Age or older. (b) RESIDENCE Entrants must be legally resident in the Territory. (c) EMPLOYEES The following entities or persons are not eligible to enter the Competition: (i) any employee or agent of the Promoter and their immediate families and household members; (ii) any employee of any entity within the same corporate group as the Promoter; (iii) any person who is, and any employee of any entity which is, involved in any way with the organisation, management, promotion and/or administration of the Competition, including without limitation any persons or entities providing the Prize. (d) INELIGIBLE ENTRIES The Promoter reserves the right in its sole discretion at any time to (i) ask any entrant for proof that they satisfy any and all applicable eligibility requirements and to (ii) disqualify an entrant from the Competition in accordance with paragraph 10 below if, in the reasonable opinion of the Promoter, that entrant has not proved to the Promoter that they satisfy any and all eligibility requirements for the Competition. (e) THE SWEEPSTAKES is open only to consumers who are legal residents of the 50 U.S. states, Washington DC (excluding Guam, Puerto Rico and all other U.S. territories and possessions), who are or have been within the New York city area (a reasonable distance from the Downton Abbey Exhibition (located at 218 W 57th Street, New York City)) since the Exhibition opened on November 18, 2017.
SOCIAL MEDIA ACCOUNTS:
(a) ENTRY MEDIA/PLATFORMS only where Promoter has listed the full details of the (i) Promoter’s Twitter Account; (ii) Promoter’s Facebook Page; and/or (iii) Promoter’s Instagram Account in the Definitions section above will entrants be able to enter the Competition using that form of social media (b) TWITTER If the Competition T&Cs provide for entry via Twitter, you can only enter if (i) you have a valid Twitter account which is not be set to “Protect My Tweets” (as we will not be able to see your entry) and (ii) you must follow the Promoter’s Twitter Account (so that the Promoter can notify you by Twitter direct message if you win the Competition). (c) FACEBOOK If the Competition T&Cs provide for entry via Facebook, you can only enter if you have a valid Facebook account, the Privacy Settings of which must not prevent the Promoter from contacting you by inbox message if you are selected as a winner. (d) INSTAGRAM if the Competition T&Cs provide for entry via Instagram you must have a valid Instagram account which must not be set to “Private” (as we will not be able to see your entry).
The Competition starts on the Start Date and closes at the Closing Time. Any entries submitted before the Start Date and/or after the Closing Time (whether due to human error on the part of the entrant, technical issues, network congestion and/or for any other reason) will be invalid and will not be entered into the Competition. Only eligible entries that appear on the Promoter’s applicable Twitter Account timeline and/or the Promoter’s Facebook Page timeline and/or the Promoter’s Instagram Account activity page between the Start Date and the Closing Time will be entered into the Competition and the computer of the individual administering the Competition on behalf of the Promoter will be the official timekeeper for all matters relating to the Competition.
As part of your Entry (as defined below), you will be required to submit a statement (hashtag reference or comment as per the Entry methods described below) (“Statement”) and photo (“Photo”) on the following theme: at the Exhibition (including the gift shop and building exterior), currently located at 218 W 57st, New York City, using the hashtag #DowntonVikingSweepstakes. Photo must have been taken by you. If any minors appear in Photo, the entrant must be that minor’s parent and/or legal guardian. Photo cannot have been created professionally. Photos with watermarks are not eligible. Statement and Photo may collectively be referred to herein as “Submission” or “Submissions.” You must submit Submission according to the instructions provided on the applicable platform. You must have the permission of any person who appears or is identified or otherwise referred to in your Submission. Submission, including resolution, quality, and creative concept, will not affect your chances of winning.
You may enter the Competition through any one or all three of the following entry methods provided that you may only make one Entry per platform:
2. Facebook Entry: To enter the Competition, during the Sweepstakes Period visit the Facebook page located at https://www.facebook.com/DowntonAbbey/ (“Facebook Page”). Once you have “Liked” the Page, you will be required to submit, via a comment, your Photo to Downton Abbey’s post on the Page that will be posted on August 8 or 9, 2018 (the “Post”) a Photo (the “Facebook Entry”). The Facebook Entry must be submitted via a “Comment” on the Page or the Post. A Facebook account is required to enter the Competition via Facebook. If you do not already have a Facebook account, you can go to www.facebook.com to create a free Facebook account. If you choose to submit a Facebook Entry via your web-enabled mobile device, data rates may apply. See your wireless service provider for details on rates and capabilities.
3. Instagram Entry: During the Sweepstakes Period, use your personal Instagram account to upload a Photo with the hashtag #DowntonVikingSweepstakes. (“Instagram Entry”). Instagram Entry must include #DowntonVikingSweepstakes or Instagram Entry will not be valid. If your Instagram account is set to the “Posts are Private” setting, your Instagram Entry may be disqualified and rejected as ineligible for consideration in the Sweepstakes. An Instagram account is required to enter the Sweepstakes via Instagram. If you do not already have an Instagram account, you can go to www.instagram.com to create a free Instagram account. If you choose to submit an Instagram Entry via your web-enabled mobile device, data rates may apply. See your wireless service provider for details on rates and capabilities.
“Twitter Entry,” “Facebook Entry,” and “Instagram Entry” will collectively be referred to as “Entry” or “Entries.” All Entries become the property of the Promoter and will not be acknowledged or returned.
By entering the Competition, entrants grant the Promoter the non-exclusive, royalty-free, and irrevocable license to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Submission and to incorporate the Submission in other works in any and all markets and media worldwide in perpetuity without additional compensation, notification, permission or approval. Entrants warrant that they have the sole and exclusive right to grant such license to the Promoter and that the Promoters’ reproduction, publishing, displaying, and/or other use of the Submission will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. If any Submission contains material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any Submission does not comply with these Terms and Conditions or meet Promoters’ standards for any reason, as determined by Promoters in their sole discretion, such Submission (and related Entry) may be rejected as ineligible for consideration and/or deleted from the Twitter, Facebook or Instagram page, if applicable. Entries must comply with all applicable laws, rules, and regulations. Promoter shall have no obligation to copy, publish, display, or otherwise exploit the Submission. If the use of the Submission incurs excessive fees, including but not limited to Guild payments, Promoter reserves the right to disqualify such Submission (and the related Entry).
Entries must be received before SEPTEMBER 3, 2018 to be eligible for the Competition. Promoter’s computer shall be the official timekeeper for all matters related to this Competition. You may enter only once via each Platform during the Competition Period. Multiple Entries received from any person beyond this limit will void all such additional Entries. Entries generated by a script, macro, or other automated means or by any means that subverts the entry process will be disqualified. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant, the authorized account holder of the Twitter account, Facebook account, or Instagram account, as applicable, will be deemed to be the entrant. “Authorized account holder” of a Twitter account is defined as the person assigned to the Twitter account by Twitter. “Authorized account holder” of a Facebook account is defined as the person who is assigned to a Facebook account by Facebook. “Authorized account holder” of an Instagram account is defined as the person assigned to an Instagram account by Instagram. Entry constitutes permission (except where prohibited by law) to use entrant’s name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.
SELECTION OF WINNER:
Within the Selection Period, one (1) potential winner (“Winner”) will be selected in a random drawing by representatives of the Promoter from all eligible entries received during the Sweepstakes Period in accordance with the Selection Criteria. The pool of eligible entrants will be made up of all entrants who satisfy the eligibility requirements and the other rules, requirements and instructions set out in these T&Cs and the competition instructions on each Platform and have not otherwise been disqualified from the Competition pursuant to these T&Cs. Provided that the Promoter complies with these T&Cs and ensures that the selection process complies with these T&Cs, the selection of the Winner is final and binding and no correspondence relating to selection of any Winner will be entered into by the Promoter.
Potential Winner, in order to be declared a Winner, will be issued and must complete (notarization as required) the following documents: affidavit of eligibility, a W9, a travel release (Winner and Guest) and a publicity release: (i) complete and return to Sponsor (or its authorized agent) by the deadline specified in the documents a written affidavit of eligibility (or declaration and release) – requires notarization, travel release (Winner and Guest) and publicity release form (collectively, the “Release”) – requires notarization, releasing the Sponsor and Administrator from any liability in connection with this Sweepstakes or the acceptance, possession, use or misuse of any Prize; (ii) complete all tax documentation required by the law of the jurisdiction in which the Potential Winner resides (“Tax Documentation”).
1. GENERAL: The Winner will win one Prize. The Prize is strictly non-transferable, non-exchangeable and may not be re-sold. No cash or any other alternative is available for the Prize. If the Prize (or part thereof) becomes unavailable for any reason, the Promoter reserves the right to substitute it with a prize that the Promoter reasonably deems to be of at least the same value. Prize does not include and/or cover any costs, taxes, fees, expenses and/or arrangements not expressly specified in the applicable Prize description (“Ancillary Costs”). The Winner is solely responsible for any and all Ancillary Costs connected with their Prize and the Promoter is not liable to reimburse the Winner for any Ancillary Costs such Winner may incur. The Promoter makes no representation or warranty in relation to any Prize and, to the fullest extent permissible by law, the Promoter will have no liability to the Winner in relation to the Prize, the Prize’s fitness for purpose, merchantability or otherwise. The Promoter will have no liability in respect of the Prize (or part thereof) if it is lost or stolen following delivery.
2. CHEQUES, VOUCHERS AND GIFTCARDS: If the Prize is, or includes, a cheque, voucher, store credit and/or gift card, these will be issued in the name of the Winner only and cannot be issued to any third party. The Promoter will have no liability in respect of such a Prize if a third party refuses to accept a cheque, voucher, store credit and/or gift card because it has been tampered with, defaced, duplicated, damaged in any way and/or because it is no longer valid. The terms and conditions of any third party that issued and/or administers the cheque, voucher, store credit and/or gift card will apply and the Promoter will have no liability in respect of such a Prize if a third party’s terms and conditions result in the winner being unable to use any element of the Prize or restrict Winner’s use of the Prize in any way.
3. TRAVEL: Winner must be able to travel to the United Kingdom for four (4) nights in September 2018, October 2018 or November 2018 (on such dates designated by Promoter), or the Prize will be forfeited. Travel arrangements must be made through Sponsor. Certain travel restrictions and black out dates may apply. Sponsor has the right in its sole discretion to substitute ground transportation for air transportation depending on Winner’s place of residence. Winner and Guest must travel together on the same itinerary, including the same departure date, destination and return date, and must have valid travel documents (e.g., valid government issued photo ID and/or passport) prior to departure, and failure to do so will result in forfeiture of Prize. Neither Sponsor nor Promoter will replace any lost or stolen tickets, travel vouchers or certificates. Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the trip. Neither Sponsor nor Promoter are liable for any expenses incurred as a consequence of flight cancellation/delay.
Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. All travel and lodging will be at the risk of Winner and Guest. Winner is solely responsible for all expenses and costs associated with acceptance and/or use of Prize not specifically stated herein as being awarded, including, without limitation any and all taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize, travel insurance, ground transportation (other than as described above), security and airport fees, taxes, insurance, gasoline, meals, gratuities, and souvenirs. Sponsor and Promoter shall have the right, but not the obligation, to make any deductions and withholdings that Sponsor and/or Promoter deems necessary or desirable under applicable laws, rules, regulations, codes or ordinances.
4. SET VISIT: Promoter shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize due to reasons beyond Promoter’s control, and are not responsible or liable for any expenses incurred as a consequence thereof. Date and/or time of the visit to the Downton Abbey Movie Set (“Set Visit”) is subject to change. The Set Visit is subject to cancellation. Promoter reserves the right to change the date and time of the Set Visit subject to production exigencies. If Winner chooses to attend the Set Visit with no Guest, the remaining elements of Prize shall constitute full satisfaction of Promoter’s Prize obligation to Winner and no additional compensation will be awarded. Guest may be required to execute and return releases of liability and, where legal, publicity releases (collectively, “Guest Documents”), which must be returned with the Sweepstakes Documents, or Guest portion of the Prize will be forfeited. Guest must be twenty one (21) years of age or older at the start of the Sweepstakes Period.
PRIZE CONFIRMATION AND ACCEPTANCE:
(a) TWITTERIf the Winner entered the Competition via Twitter, within the Notification Period, the Promoter will notify the Winner that they have won the Prize by sending a direct message (“Twitter Notification”) to the Twitter account used by that Winner to enter the Competition (“Winner’s Twitter Account”). (b) FACEBOOK If the Winner entered the Competition via Facebook, within the Notification Period, the Promoter will notify the Winner that they have won the Prize by sending an inbox message (“Facebook Notification”) to the Facebook account used by the Winner to enter the Competition (“Winner’s Facebook Account”) (c) INSTAGRAM If the Winner entered the Competition via Instagram, within the Notification Period, the Promoter will notify that Winner that they have won the Prize by posting using the Promoter’s Instagram Account and mentioning the Instagram account used by the Winner to enter the Competition (“Winner’s Facebook Account”) (d) ACCEPTANCE The Promoter must receive a response (“Response”) from the Winner to the applicable Twitter Notification, Facebook Notification or Facebook Notification (the foregoing together, “Prize Notification”) by no later than the Response Deadline. The Response must be sent to the Promoter in accordance with the instructions contained in the Prize Notification and must include any information requested by the Promoter in the Prize Notification (including without limitation any information requested by the Promoter to prove that the Winner satisfies the Competition eligibility requirements) and the Prize will not be released to the Winner unless and until all such information has been received by the Promoter. If, prior to the Response Deadline, (I) the Promoter does not receive a Response, (ii) the Response received by the Promoter does not include all information requested by the Promoter in the Prize Notification and/or (iii) the Promoter is unable to contact the Winner via Prize Notification, the Promoter reserves the right to deem the Prize forfeited and may, in its sole discretion, select another winner. Proof of sending a Response does not constitute proof of receipt of the Response. Subject to Promoter receiving a Response and all information requested by the Promoter prior to the Response Deadline, the Prize will be delivered to the Winner in accordance with the Delivery Timescale.
If the Competition T&Cs provide for entry via Facebook: (a) Entrants to this Competition release Facebook from any consequences or obligations arising as a direct result of entering this Competition; (b) This Competition is in no way sponsored, endorsed or administered by, or associated with Facebook; and (c) Information disclosed solely to the Promoter as part of this Competition is not disclosed by the Promoter to Facebook.
The Promoter is entitled in its sole discretion at any time to disqualify any entrant and/or any individual entry from the Competition without any liability on the Promoter’s part if (I) that entrant and/or entry fails to comply with these T&Cs and/or the Competition requirements in any way and/or (ii) the Promoter has reasonable grounds to believe that that entrant has acted fraudulently, dishonestly, inappropriately and/or improperly in connection with the Competition. Without limitation, if the Promoter has reasonable grounds to believe that any entry has been generated by a script, software, macro or other automated means then the Promoter will be entitled to disqualify that entry and the relevant entrant in accordance with this paragraph. If a disqualified entrant is the Winner, the Promoter has the right to deem the Prize forfeited and, if the Prize has already been delivered to the Winner, the Promoter shall be entitled to recover the Prize from the Winner at the Winner’s cost.
The Promoter reserves the right to publish in all media and to disclose to third parties the Winner’s first name, surname and area of residence (“Winner’s Data”). The Winner may obtain the Winner’s Data by sending a written request to the Registered Office marked for the attention of the ‘Downton Abbey: The Exhibition’ Marketing Team, stating the name of the Competition and enclosing a stamped self-addressed envelope.
COPYRIGHT AND PROMOTIONAL RIGHTS:
All entrants retain the copyright in their entries. By entering the Competition, each entrant (I) confirms that they are the owner of the entry submitted by them and that their entry is original to them; (ii) grants to the Promoter, without the requirement for any further permission or payment, a perpetual, non-exclusive, irrevocable and royalty-free worldwide licence to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit their entry in any and all media; and (iii) warrants that they have the sole and exclusive right to grant such rights to the Promoter and that the Promoter’s’ reproduction, publishing, displaying, and/or other use of their entry will not infringe on any rights of third parties, including, without limitation, copyright, trademark, other intellectual property rights and/or privacy rights and/or create claims for defamation and/or breach of contract. The Promoter has no obligation to copy, publish, display or otherwise exploit any entry.
The Winner may be required by the Promoter to participate in publicity in connection with the Competition, their Prize and/or the Promoter and by entering the Competition all entrants agree that if they win the Competition they will, participate in and cooperate with the Promoter in connection with any publicity activity reasonably requested by the Promoter. Entrants acknowledge and agree that copyright in any publicity materials in which they and/or their details appear is the property of the Promoter and that the Promoter will be entitled to exploit such publicity materials in any and all media throughout the world in any manner it deems fit.
CANCELLATION AND AMENDMENT:
The Promoter reserves the right to cancel, postpone and/or amend the Competition and/or these T&Cs at any time without prior notice if any unforeseen circumstances or circumstances beyond the Promoter’s reasonable control make it reasonably necessary or prudent to do so.
If any part of these T&Cs is determined to be illegal, void and/or unenforceable by a court of competent jurisdiction, then such part shall be severed and deleted, to the extent of such illegality, invalidity or unenforceability, and the remaining parts of these T&Cs shall remain in full force and shall continue to be binding and enforceable to the maximum extent permitted by law.
RIGHTS OF THIRD PARTIES:
These T&Cs do not create any right or benefit enforceable by any person not a party to them (within the meaning of the Contracts (Rights of Third Parties) Act 1999).
By entering the Competition, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Twitter, Instagram, Facebook and each of their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Competition and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Competition and to hereby acknowledge that Released Parties 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 Prize, including express warranties provided exclusively by Prize supplier that are sent along with Prize; (c) if selected as a Winner, to the posting of such entrant’s name on the Website and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Competition itself, and to be bound by all decisions of the Promoter, which are binding and final. Failure to comply with these conditions may result in disqualification from the Competition at Promoter’s sole discretion.
Promoter reserves the right to permanently disqualify from any promotion any person they believe has intentionally violated these Terms and Conditions. Any attempt to deliberately damage the Competition or the operation thereof is unlawful and subject to legal action by the Promoter, who may seek damages to the fullest extent permitted by law. The failure of the Promoter to comply with any provision of these Terms and Conditions due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of the Promoter (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Terms and Conditions. Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Competition. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Terms and Conditions; for any human or electronic error; or for Entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Promoter reserves the right to cancel, modify, or suspend the Competition or any element thereof (including, without limitation, these Terms and Conditions) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Terms and Conditions). In the event of cancellation, modification, or suspension, Promoter reserves the right to select Winner in a random drawing from among all eligible, non-suspect Entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted on the Website. Promoter may prohibit any entrant or potential entrant from participating in the Competition, if such entrant or potential entrant shows a disregard for these Terms and Conditions; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Promoter, or Promoters’ agents or representatives; or behaves in any other disruptive manner (as determined by the Promoter in its sole discretion). Promoter reserves the right to modify these Terms and Conditions for clarification purposes without materially affecting the terms and conditions of the Competition.
The Competition is governed by, and will be construed in accordance with, the laws of the State of New York, and the forum and venue for any dispute shall be in New York, New York. If THE controversy or claim is not otherwise resolved through direct discussions or mediation, it shall THEN be resolved by FINAL AND binding arbitration administered by JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (“JAMS Rules”). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in new york. All proceedings brought pursuant to this paragraph will be conducted in the County of new york. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.