- NO PURCHASE NECESSARY.The Competition (as defined hereinbelow) at the 10 Corso Como store located at the South Street Seaport, New York, NY is sponsored by HHC FULTON RETAIL LLC, a Delaware limited liability company (“10CC”). There will be only one Recipient. Recipient of Promotional Prize is herein referred to as “Recipient”.
- Promotional Prize is subject to all federal, state and local laws. Void where prohibited. 10CC shall be entitled to interpret these Official Terms and Conditions as needed — including, but not limited, to rules regarding selection of Recipients, restrictions on Promotional Prize, and eligibility — and all of its decisions are final. By accepting any Promotional Prize, the Recipients hereby agrees to these Official Terms and Conditions. Limit one (1) Promotional Prize per person.
- Entries to participate in The Competition may be made through Instagram beginning February 20, 2020. Any and all entries must be received by 10CC by no later than April 5, 2020. The Promotional Prize will be distributed beginning at a time that 10CC decides in its sole and absolute discretion.
- Any questions that Recipients may have about the Promotional Prizes must be directed to 10CC.
- All Recipients must be at least twenty-one (21) years old or older, and a legal resident of the forty-eight (48) contiguous United States or the District of Columbia at the time of entry and at the time of prize receipt.
- Employees of 10CC and its subsidiaries, affiliates, shareholders, officers, directors, agents, vendors and representatives, and the members of their immediate families (defined as spouse, parents, siblings or children) and households (whether or not related), are not eligible to receive any Promotional Prize.
- The Competition Entry Process:
- 10CC will be sending out an email to customers registered in 10CC’s database to advise about the The Competition, and also advise of the foregoing on 10CC’s website and 10CC’s Instagram page.
- To enter, recipients must:
- Follow 10CC New York on Instagram
- Post photo and tag 10CC New York in the photo.
- Photo caption must include the title of the photograph and the pre-determined official competition hashtag.
- Deadline for all entries must be submitted by participants and received by 10CC no later than April 5, 2020. Competition can be extended at 10CC’s sole discretion.
- 10CC & MAGNUM PHOTOS to go through initial selection process and present 10-20 photos to Bruce Gilden. Bruce Gilden to choose winner. 10CC shall notify any winners of a Promotional Prize by direct message on Instagram on or about April 15, 2020 (such date being subject to delay, postponement or cancellation in 10CC’s sole and absolute discretion), it being understood and agreed by all participants that 10CC shall have no liability for messages sent by 10CC not received by Recipients for any reason whatsoever.
- A winning Recipient must claim its Promotional Prize no later than April 22, 2020 TIME BEING OF THE ESSENCE. Prizes must be claimed by responding by direct Instagram message or email to 10CC’s Prize Notice. 10CC’s use of the Instagram account provided by any winning Recipient shall be deemed completed delivery of a Prize Notice regardless if any Prize Notice is not received by a winning Recipient for any reason whatsoever.
- Any winning Recipients who do not claim their prizes by April 22, 2020 shall be deemed to have forfeited its Promotional Prize and shall thereafter, have no right, title or ownership interest therein.
PROMOTIONAL PRIZES AND RULES
- 10CC Promotions: Subject to 10CC’s sole discretion and rights to change, substitute, modify, delete, or cancel any or all of the following, a winning Promotional Prize may consist of on online photography course and signed book copy for a winning Recipient. ONLY ONE PROMOTIONAL PRIZE PER RECIPIENT PERMITTED.
- The 10CC, at its sole discretion, may refuse to give any individual a Promotional Prize for such person’s ineligibility per any of these Official Terms and Conditions, or such person’s violation of or refusal to comply with any of these Official Terms and Conditions.
- 10CC may choose, in its sole discretion, not to give any Promotional Prizes at all, or to discontinue giving any and all Promotional Prizes at any time for any reason.
GENERAL PROMOTIONAL PRIZE RESTRICTIONS
- The Recipient is solely responsible for making all transportation arrangements, and is solely responsible for all transportation.
- The Promotional Prize must be used in accordance with stated redemption deadlines set forth above in the Promotional Prizes description. No refund or compensation will be made in the event of the cancellation or delay of any air or ground transportation.
- Each Recipient assumes sole responsibility for all expenses and incidental costs associated with the Promotional Prizes not explicitly outlined above, including without limitation, all federal, state and local taxes (if any), any and all other taxes, passport expenses, fees, passenger tariffs or duties, airline or airport fees, security fees, baggage charges, service charges or facility charges, surcharges on a prize, upgrades, meals, beverages, tips, gratuities, parking, sightseeing, souvenirs, trip or travel insurance, all lodging and transportation expenses not expressly included above, and incidentals. All details regarding the Promotional Prizes shall be at 10CC’s sole discretion. Promotional Prizes are not redeemable for cash and may not be sold, bartered or auctioned. Promotional Prizes may not be transferred or substituted except that 10CC in its discretion may substitute any Promotional Prize, or portion thereof, with a Promotional Prize or portion of equal or greater value if it deems necessary.
- Any portion of the Promotional Prizes not claimed or used by the Recipient is forfeited and no cash substitute will be offered or permitted. Promotional Prizes offered are provided "as is."
ADDITIONAL PROMOTIONAL PRIZE RESTRICTIONS
- The following additional restrictions apply to all Promotional Prizes:
A Promotional Prize will not be given until the Recipient provides 10CC with proof of eligibility; identity information; and all properly executed, written waivers and releases as may be required by 10CC (including, without limitation, a Materials Release/License waiver in the form annexed hereto as Exhibit A); and otherwise,pursuant to the terms hereof. If a Recipient fails to provide such proof of eligibility or is unwilling to, unable to, or elects not to, the Promotional Prize will be deemed unclaimed and forfeited and 10CC may give such Promotional Prize to any other person in 10CC’s sole and absolute discretion.
LIMITATION OF LIABILITY/DISCLAIMER OF LIABILITY
- Recipients agree that 10CC, and its subsidiaries, employees and related persons: (a) are not responsible for 10CC’s refusal to provide any Promotional Prizes to any Recipients or other individuals or to discontinue providing any Promotional Prizes to any Recipients or other individuals for any reason whatsoever; and (b) are released from any and all alleged, existing, or future actions, claims, and/or liabilities of whatever nature including, but not limited to, personal injury, bodily injury (including, without limitation, wrongful death and disability), property damage, and expense (including, without limitation, reasonable attorneys' fees) and loss or damage of any other kind, arising in whole or in part directly or indirectly, from accepting, receiving, participating in or using any Promotional Prize, and the delivery, acceptance, possession, redemption, use, misuse, loss, or misdirection of any Promotional Prize.
- Any third party trademarks mentioned herein are the property of their respective trademark owners. The use or mention of such third-party trademarks in these Official Terms and Conditions or in the 10CC’s Promotional Prizes is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the 10CC’s Promotional Prizes.
- 10CC reserves the right to prohibit any person from participating in 10CC’s Promotional Prizes if, at its sole discretion, 10CC finds such person to be interfering or tampering with the operation or administration of 10CC’s Promotional Prizes, or if such person repeatedly shows a disregard for, or attempts to circumvent, these Official Terms and Conditions, or acts: (a) in a manner 10CC determines to be not fair or equitable; (b) with an intent to annoy, threaten or harass any other person, Recipient or Sponsors; or (c) in any other disruptive manner. Any person attempting to defraud, tamper or interfere with 10CC’s Promotional Prizes in any way will be ineligible for Promotional Prizes and may be prosecuted to the full extent of the law. Recipients are prohibited from receiving more than one Promotional Prize on the same day. Any failure by 10CC to enforce any of these Official Terms and Conditions shall not constitute a waiver of such Official Terms and Conditions. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF SEAPORT’S PROMOTIONAL PRIZES OR VIOLATE THESE OFFICIAL TERMS AND CONDITIONS MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SEAPORT RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
- ONLY ONE PROMOTIONAL PRIZE PER RECIPIENT PERMITTED.
- Redemption of a Promotional Prize by Recipient remains subject to available inventory, supplies of any Promotional Prize. Notwithstanding anything stated to the contrary contained herein, 10CC reserves the right to cancel, terminate or suspend the Promotional Prizes or any part of the Promotional Prizes as determined by 10CC in its sole discretion.
- By accepting any Promotional Prize(s) from 10CC, Recipients agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with these Official Terms and Conditions or any Promotional Prize(s), shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with the Promotional Prizes, but in no event attorneys' fees; and (c) under no circumstances will any Recipient be permitted to obtain any award for, and Recipient hereby waive all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages other than actual out-of-pocket expenses. Some jurisdictions do not allow for limitations on the ability to pursue class action remedies or certain kinds of damages, and so these limitations may not apply to you.
- All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Terms and Conditions, or the rights and obligations of any Recipient and 10CC in connection with the Promotional Prizes, shall be governed by, and construed in accordance with the laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of New York. Any legal proceedings or disputes of any nature and under any theory (including without limitation claims sounding in tort, breach of contract, or otherwise) arising out of or relating to the Promotional Prizes, these Official Terms and Conditions, or any prize offered or awarded hereunder, shall be instituted only in the federal or state courts located in the State of New York, City of New York and the parties consent to jurisdiction therein with respect to any such legal proceedings.
- The invalidity or unenforceability of any provision of these Official Terms and Conditions 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 Official Terms and Conditions shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.