TERMS & CONDITIONS
World Photography Day Sweepstakes: August 2022
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. 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 13 YEARS OF AGE OR OLDER AND OF THE LEGAL AGE OF MAJORITY. U.S. LAW GOVERNS THIS SWEEPSTAKES. VOID WHERE PROHIBITED BY LAW.
- ELIGIBILITY: The Hudson Yards “World Photography Day 2022” Sweepstakes (the “Sweepstakes”) 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 13 years of age or older and of the legal age of majority in the jurisdiction in which the person resides. Individuals under 18 years of age can participate with their parent’s or guardian’s permission. Persons who, as of the date of entry (and, if a winner, as of the date of prize fulfillment), are an employee of HY Attractions Manager LLC as agent for KRE HYOD Owner LLC (“Sponsor”), or any of Sponsor’s parent companies, subsidiaries, affiliates, or advertising or promotion agencies, or a member of the immediate family or household (whether or not related) of any such employee, are not eligible. Eligibility determinations will be made by Sponsor in its discretion and will be final and binding. U.S. law governs this Sweepstakes. Void where prohibited by law.
- SELECTION OF PRIZE WINNERS: Sponsor will conduct a random drawing on August 22, 2022. Sponsor will select one (1) winner from among all eligible entries received. The odds of winning a prize will depend on the number of valid entries received. There is a limit of one prize per person.
- WINNER NOTIFICATION AND VERIFICATION: The potential prize winners will be notified on August 22, 2022 via Instagram direct message. The potential prize winner must claim their prize within 48 hours of notification by Sponsor by responding to the Instagram direct message and providing all requested information. 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. 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 winner completes and return to Sponsor an Affidavit of Eligibility and Publicity/Liability Release within seven days after attempted delivery of the document to the potential winner. The potential winner, if a U.S. resident, may also in Sponsor’s discretion be required to complete and return to Sponsor an IRS Form W-9 within three days of attempted delivery of same. If the potential winner is a Minor, Sponsor will have the right to request that the potential winner’s parent or legal guardian sign the Affidavit of Eligibility and Publicity/Liability Release on behalf of the winner, or to award the prize directly in the name of the winner’s parent or legal guardian, who in such event will be required to sign the Affidavit of Eligibility and Publicity/Liability Release and, if a U.S. resident, an IRS Form W-9. 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, Sponsor will have the right in its discretion to disqualify the potential winner and select an alternate winner.
- PRIZE: One (1) prize will be offered. The Prize consists of (i) One (1) Canon EOS R7 camera with an approximate retail value of $1,500.00 USD and (ii) one (1) private photography workshop held on September 20th, 2022 with an approximate retail value of $500.00 USD (“Prize”) will be offered. The aggregate value of the prize is $2,000.00 USD. The issuer of prize will be selected by Sponsor in its discretion. All prize details that are not expressly specified in these Official Rules will be determined by Sponsor in its discretion. The prize will be awarded if properly claimed. The prize may not be applied to prior purchases, gift cards, or online transactions. 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 the location of the private photography workshop) 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 of the private photography workshop are determined in the sole discretion of the private photography class Sponsor, 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 attendance at the private photography workshop. 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 Sweepstakes 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.
- GRANT OF RIGHTS: By entering the Sweepstakes, 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, in all media and formats whether now or later known or developed (including without limitation via Sponsor’s, and third-party websites and social media and digital channels), for commercial purposes and any other purposes (including, without limitation, advertising and promotion), without further notice or compensation, unless prohibited by law.
- RELEASE AND LIMITATION OF LIABILITY: By entering the Sweepstakes, to the fullest extent permitted by applicable law, each entrant releases and agrees to hold harmless each of the Licensees and all other companies involved in the development, operation or marketing of the Sweepstakes 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 Sweepstakes, participation in the Sweepstakes, 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) or 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 Sweepstakes, 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, (v) any typographical, printing, production, distribution or other error in the administration of the Sweepstakes or in the announcement of prizes or winners, (w) 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, communications or attempted communications with any entrant, the submission, collection, storage or processing of entries or the administration of the Sweepstakes, (x) any “act of god” or other force majeure event outside of Sponsor’s reasonable 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 Sweepstakes.
- 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 Sweepstakes 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 Sweepstakes or if for any other reason Sponsor is not able to conduct the Sweepstakes as planned (including without limitation in the event the Sweepstakes 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 Sweepstakes, a notice will be posted on @edgenycs’s Instagram page and a random drawing will be conducted to award the prize from among all eligible entries received prior to the time of termination. Sponsor has the right, in its sole discretion, to disqualify or prohibit from participating in the Sweepstakes any individual who, in Sponsor’s discretion, Sponsor determines or believes (i) has tampered with the entry process or has undermined the legitimate operation of the Sweepstakes by cheating, hacking, deception or other unfair practices, (ii) has engaged in conduct that annoys, abuses, threatens or harasses any other entrant or any representative of Sponsor or (iii) has attempted or intends to attempt any of the foregoing. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES 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 authorized account holder of the email address submitted at the time of entry. “Authorized account holder” means the person who is assigned an email address by an internet provider, online service provider or other organization (e.g., business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. An entrant may be required to provide proof that he or she is the authorized account holder of the email address associated with the entry in question. 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 Sweepstakes, each entrant agrees to be bound by these Official Rules and the decisions of Sponsor, which is 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.
- DISPUTES: By entering the Sweepstakes, 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 Sweepstakes 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 Sweepstakes, 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 Sweepstakes 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 Sweepstakes 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 Sweepstakes 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 Sweepstakes information provided elsewhere (including but not limited in advertising or marketing materials), these Official Rules shall prevail.
- WINNERS’ NAMES AND RULES REQUESTS: For the name of the winner, available after August 22, 2022 , or a copy of these Official Rules, send a self-addressed, stamped envelope to: HY Attractions Manager LLC as agent for KRE HYOD Owner LLC, c/o The Related Companies, L.P., 30 Hudson Yards, 72nd Floor, New York, New York 10001, ATTN: Maureen Steinert.
- SPONSOR: HY Attractions Manager LLC as agent for KRE HYOD Owner LLC. All of Sponsor’s decisions shall be final.