EDGE HALLOWEEN COSTUME CONTEST
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. OPEN ONLY TO PERSONS WHO, AS OF THE DATE OF ENTRY, ARE A LEGAL RESIDENT OF ONE OF THE 50 UNITED STATES OR D.C. AND ARE 21 YEARS OF AGE OR OLDER AND OF THE LEGAL AGE OF MAJORITY. U.S. LAW GOVERNS THIS CONTEST. VOID WHERE PROHIBITED BY LAW.
1. ELIGIBILITY: The “Edge Halloween Costume Contest” (the “Contest”) is open only to persons who, as of the date of entry (and, if a winner, as of the date of prize fulfillment), are a legal resident of one of the 50 United States or the District of Columbia and are 21 years of age or older and of the legal age of majority in the jurisdiction in which the person resides and visits Edge at Hudson Yards during the Contest Period (as defined below). Eligibility determinations will be made by HY Attraction Manager LLC as agent for KRE HYOD Owner LLC (the “Sponsor”) in its discretion and will be final and binding. U.S. law governs this Contest. Void where prohibited by law.
discretion, to require proof of identity and/or eligibility in a form acceptable to Sponsor (including, without limitation, government-issued photo identification). Failure to provide such proof to the satisfaction of Sponsor in a timely manner may result in disqualification.
3. SUBMISSION GUIDELINES: The Submission must comply with the following guidelines: (a) the Submission must be original and have been created solely by the entrant; (b) the entrant must own the copyright in the Submission; (c) the Submission must not previously have been submitted in connection with any sweepstakes or contest, published for commercial purposes, or have won any award; (d) the Submission must be truthful and accurate; (e) if the Submission identifies, depicts, contains, or otherwise uses the Personality Rights (as defined in Section 7) of any person other than the entrant, the entrant must have, prior to submitting the Submission, obtained written consent from such person (or his or her parent or legal guardian, if the person is a Minor) for the use of such person’s Personality Rights, in the Submission and the use by the Licensees (as defined in Section 7) of the Submission, including such person’s Personality Rights, as applicable, as permitted pursuant to these Official Rules; (f) the Submission must not contain any material that violates or infringes upon the rights of any third party, including without limitation any copyright, trademark, or right of privacy or publicity, or that is unlawful, in violation of or contrary to any applicable law or regulation, or the use of which by the Licensees as permitted pursuant to these Official Rules would require a license or permission from or payment to any third party; (g) the Submission must not exhibit the entrant engaging in or otherwise promote any illegal, sexually explicit, violent, or dangerous behavior; (h) the Submission must not contain any material that is disparaging, defamatory, threatening, indecent, violent, obscene, or offensive, or that promotes a political agenda, violence, bigotry, or discrimination; and (i) the Submission must not contain any material that Sponsor, in its sole discretion, deems inappropriate for public viewing and/or display. By submitting a Submission, the entrant represents and warrants that the entrant has (I) complied with all of the foregoing requirements; (II) obtained all permissions, licenses, and consents that are necessary for the submission of the Submission and for the use by the Licensees of the Submission as permitted pursuant to these Official Rules; and (III) taken all necessary steps to verify compliance with the foregoing requirements. Each entrant agrees to provide to Sponsor, at its request, copies of all such permissions, licenses, and consents and, if requested by Sponsor, to obtain additional permissions, licenses, and consents from the applicable parties in a form specified by Sponsor. Sponsor reserves the right, in its sole discretion, to (A) disqualify any Submission that it determines does not comply with these guidelines or (B) require the entrant to make such changes to any Submission as are necessary to make it compliant.
4. SELECTION OF PRIZE WINNERS: Judging will consist of two (2) rounds of evaluation following the conclusion of the Contest Period. During round one, Sponsor will appoint a judge to review and select five (5) Submissions from among all Submissions validly entered into the Contest during the Contest Period based on the following criteria: (1) how well does the entrant embrace and embody the Halloween spirit (25%); (2) attention to detail (25%); (3) creativity (25%), and (4) appropriateness of setting and scenery at Edge (25%) (“Judging Criteria”). The five (5) Submissions selected in round one will proceed to round two. From the five (5) Submissions, Sponsor’s judge will select one (1) potential prize winner based on the Judging Criteria, in each
case subject to verification. If there is a tie, the tied entries will be re-submitted to the judges to be re-judged according to the Judging Criteria. All decisions of the judges will be final and binding. The odds of winning a prize will depend on the number and quality of Submissions validly entered into the Contest during the Contest Period.
5. WINNER NOTIFICATION AND VERIFICATION: The potential prize winner will be notified on October 31, 2023 via direct message on Instagram to the account through which the potential winner submitted their Submission. The potential prize winner must respond to the initial notification attempt within three (3) days. The potential winner is subject to verification of eligibility and may, in Sponsor’s discretion, be required to submit proof of identity and/or eligibility in a form acceptable to Sponsor (including, without limitation, government-issued photo identification). Failure to provide such proof to the satisfaction of Sponsor in a timely manner may result in disqualification. Verification of the potential winner’s eligibility may also include, without limitation, a background investigation. Each entrant consents to the conduct of a background investigation (which may include a review of criminal records) on the entrant and agrees to supply any authorizations or permissions deemed necessary by Sponsor in connection with any such investigation. Each entrant represents that he or she will provide accurate and truthful information to Sponsor in connection with eligibility verification. Sponsor will have the right to require that the potential winners each complete and return to Sponsor an Affidavit of Eligibility and Publicity/Liability Release within seven days after attempted delivery of the document to the potential winners. If any attempted notification or prize delivery is returned as undeliverable, or if a potential winner does not respond to Sponsor’s initial notification attempt within 72 hours, or if a potential winner does not complete, sign, and return any required Affidavit of Eligibility and Publicity/Liability Release within seven days after attempted delivery of the document to the potential winner, or if a potential winner does not satisfy the eligibility requirements set forth in Section 1 or is not compliant with these Official Rules, or if Sponsor conducts a background investigation on a potential winner and determines in its sole discretion that awarding a prize to the potential winner, publicizing any facts or details about the potential winner or an association of the potential winner with Sponsor or the Contest might reflect negatively on Sponsor and/or its products or services or the Contest, Sponsor will have the right in its discretion to disqualify the potential winner and select an alternate winner.
6. PRIZES: One (1) prize will be offered. The prize consists of one (1) voucher for Harry Potter and the Cursed Child on Broadway (the “Show’) which is redeemable for two (2) tickets. The aggregate value of the prize is $400.00 USD. The potential winner must email the voucher information to [email protected] at least two (2) weeks prior to the performance the winner wishes to attend. The winner must allow up to five (5) business days to receive a response with a confirmed performance date and time for the Show. The winner must present the confirmation email along with their photo ID at the Lyric Theatre on 214 West 43rd Street, New York NY 10036. The prize will be awarded if properly claimed. No substitution, cash redemption, or transfer of the right to receive the prize or any prize component is permitted, except in the discretion of Sponsor, which has the right to substitute the prize or any prize component with a prize or prize component of equal or greater monetary value selected by Sponsor in its discretion. The prize consists only of the items expressly specified in these Official
Rules. All expenses or costs associated with the acceptance or use of the prize or any prize component (including, Internet connection and/or data costs and travel to and from Edge at Hudson Yards and/or the location of the Show at the Lyric Theatre on 214 West 43rd Street, New York NY 10036) are the responsibility of the winner. The prize is awarded “as is” and without any warranty, except as required by law. In no event will more than the number of prizes stated in these Official Rules be awarded. All federal, state and local taxes on the value of the prize are the responsibility of the winner. An IRS form 1099 will be issued if required by law. All prize details that are not expressly specified in these Official Rules will be determined by Sponsor in its discretion. Restrictions may apply. The dates and times available for the Show are determined in the sole discretion of the Show organizer, and may be subject to change. The winner will be bound by and must comply with all applicable rules of the Sponsor (as applicable) in connection with the contest, the producer of the Show, and the venue rules during their attendance at the Show. In the event of cancellation or postponement of any prize-related activity, Sponsor’s only obligation will be to provide a substitute prize or prizes of equal or greater monetary value selected by Sponsor in its discretion. In the event the winner engages in behavior during any prize-related activity that, as determined by Sponsor in its sole discretion, is obnoxious, threatening, disruptive, illegal, or tortious, or that subjects the winner or guest to arrest or detention, or that is intended to or does threaten or harass any other person, or that violates any applicable rules and regulations, or that in any way disparages or adversely affects the reputation, image, or customer goodwill of Sponsor, or that otherwise violates these Official Rules, Sponsor reserves the right to remove the winner from the applicable prize-related activity, deny the winner attendance to any other prize-related activities, or disqualify the winner from the Contest and require the winner to forfeit any or all prize components, with no further obligation or compensation whatsoever to the winner or guest and no obligation to pay any damages, fees, fines, judgments, or other costs or expenses of any kind whatsoever incurred by winner or guest as a result of such conduct.
7. GRANT OF RIGHTS: By posting or submitting a Submission, each entrant irrevocably grants to Sponsor and its parent companies, subsidiaries, and affiliates, and the agents and licensees of each of the foregoing and each of their respective successors and assigns (collectively, the “Licensees”) the right to use the entrant’s name, likeness, voice, biographical information and statements attributed to the entrant (“Personality Rights”), in perpetuity, throughout the world, on all of Sponsor’s social media, websites and digital channels without further notice or compensation, unless prohibited by law. In addition, by posting or submitting a Submission, each entrant irrevocably grants to Licensees the right to display, publish, re-post or share the entrant’s Submission (including any video, photograph, illustration or audio recording incorporated in any Submission) in whole or in part, in perpetuity, across all of Sponsor’s social media channels, websites and digital channels.
8. RELEASE AND LIMITATION OF LIABILITY: By posting a Submission, to the fullest extent permitted by applicable law, each entrant releases and agrees to hold harmless each of the Licensees, Instagram, and all other companies involved in the development, operation or marketing of the Contest or the provision of any prize or any component of any prize, and the successors and assigns of each of the foregoing, and the directors, officers, employees and agents
of each of the foregoing (the “Released Parties”) from and against any and all claims, causes of action and liabilities of any kind that the entrant ever had, now has or might in the future have arising out of or relating to the Contest, participation in the Contest, the use of Instagram, the acceptance, receipt or use of any prize or any component thereof and/or any use of the entrant’s Personality Rights as permitted pursuant to these Official Rules, including without limitation any and all claims, causes of action and liabilities (a) relating to any personal injury, death or property damage or loss sustained by any entrant or any other person; (b) based upon any allegation of violation of the right of privacy or publicity, copyright infringement, misappropriation, defamation, or violation of any other personal or proprietary right; or (c) based upon any allegation of a violation of any law, rule, or regulation relating to personal information or data security. Each entrant agrees not to assert any such claim or cause of action against any of the Released Parties. Each entrant assumes the risk of, and all liability for, any injury, loss, or damage caused, or claimed to be caused, by participation in this Contest, the use of any Contest-related website, or the provision, acceptance, or use of any prize or prize component. The Released Parties are not responsible for, and will have not have any liability in connection with, (u) any typographical, printing, production, distribution, or other error in the administration of the Contest or in the announcement of prizes or winners; (v) late, lost, delayed, illegible, damaged, corrupted, or incomplete entries, incorrect or inaccurate capture of, damage to, or loss of entries or entry information, or any other human, mechanical, or technical error of any kind relating to the operation of Instagram, communications, or attempted communications with any entrant, the submission, collection, storage, or processing of entries or the administration of the Contest; (w) lost, late, or misdirected prize notices; (x) any “act of god” or other force majeure event outside of Sponsor’s control that may cause any postponement or cancellation of any prize-related activity or interfere with, delay, or prevent the provision of any prize; (y) undeliverable e-mails resulting from any form of active or passive e-mail filtering by a user’s Internet service provider and/or e-mail client or for insufficient space in user’s e-mail account to receive e-mail; or (z) any damage to any computer system resulting from participation in or accessing or downloading information in connection with the Contest. In no event will more than one (1) prize be awarded.
9. GENERAL RULES: Sponsor has the right, in its sole discretion, to modify these Official Rules (including, without limitation, by adjusting any of the dates and/or timeframes stipulated in these Official Rules) and to cancel, modify, or suspend this Contest at any time in its discretion, including without limitation, if a virus, bug, technical problem, entrant fraud or misconduct, or other cause beyond the control of Sponsor corrupts the administration, integrity, security, or proper operation of the Contest, or if for any other reason Sponsor is not able to conduct the Contest as planned (including, without limitation, in the event the Contest is interfered with by any fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or of public enemy, communications failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, federal, state, or local law, order, or regulation or court order) or in the event of any change to the terms governing the use of Instagram or the application or interpretation of such terms. In the event of termination of the Contest, a notice will be posted on the Edge’s website the Contest will be cancelled. Sponsor has the right, in its sole discretion, to disqualify or prohibit from participating in the Contest any individual who, in Sponsor’s discretion, Sponsor
determines or believes (a) has tampered with the entry process or has undermined the legitimate operation of Instagram or the Contest by cheating, hacking, deception, or other unfair practices; (b) has engaged in conduct that annoys, abuses, threatens or harasses any other entrant or any representative of Sponsor; or (c) has attempted or intends to attempt any of the foregoing. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR APPLICATION ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR HAS THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY PERSON INVOLVED TO THE FULLEST EXTENT PERMITTED BY LAW. The use of agents or automated devices, programs, or methods to submit entries is prohibited, and Sponsor has the right, in its sole discretion, to disqualify any entry that it believes may have been submitted using such an agent or automated device, program, or method. In the event of a dispute regarding who submitted an entry, the entry will be deemed to have been submitted by the registered user of the Instagram account used to submit the Submission. All federal, state, and local laws and regulations apply. All entries become the property of Sponsor and will not be verified or returned. By participating in this Contest, each entrant agrees to be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all respects. These Official Rules may not be reprinted or republished in any way without the prior written consent of Sponsor.
10. DISPUTES: By entering the Contest, each entrant agrees, to the maximum extent permitted by applicable law, that (a) any and all disputes, claims, and causes of action arising out of or connected with the Contest or the provision, acceptance, and/or use of any prize or prize component will be resolved individually, without resort to any form of class action (Note: Some jurisdictions do not allow restricting access to class actions. This provision will not apply to entrants who live in such a jurisdiction); (b) 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; (c) under no circumstances will any entrant be permitted to obtain any award for, and each entrant hereby waives all rights to claim, punitive, special, incidental, or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses; and (d) each entrant’s sole and exclusive remedy with respect to any and all disputes, claims, and causes of action arising out of or connected with the Contest will be an action at law for the recovery of monetary damages only, and in no event will the entrant have the right to enjoin or otherwise interfere with the exercise by the Licensees of any of the rights granted in these Official Rules or terminate or rescind any of the rights granted in these Official Rules. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules or the respective rights and obligations of the entrants and Sponsor in connection with the Contest 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 arising out of this Contest or relating to these Official Rules shall be instituted only in the federal or state courts located in New York County in the State of New York, waiving any right to trial by jury, and each entrant consents to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to any of the foregoing.
In the event of any conflict between these Official Rules and any Contest information provided elsewhere (including but not limited in advertising or marketing materials), these Official Rules shall prevail.
12. WINNERS’ NAMES AND RULES REQUESTS: For the names of the winners, available after October 31, 2023, or a copy of these Official Rules, send a self-addressed, stamped envelope to: 30 Hudson Yards, 72nd Floor, New York, NY 10001
13. SPONSOR: HY Attraction Manager LLC as agent for KRE HYOD Owner LLC. All of Sponsor’s decisions shall be final. The Contest is in no way sponsored, endorsed, or administered by, or associated with, Instagram.