Manhattan West 2022 Giveaway Official Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. SWEEPSTAKES IS OPEN TO U.S. RESIDENTS WHO ARE 18 YEARS OR OLDER.
1. SPONSOR: Manhattan West, 435 W 31st St, New York, NY 10001
2. SWEEPSTAKES PERIOD: Giveaway opens 10/23/22 and closes 10/30/22 at 12p EST
(“Sweepstakes Period”) .
- ELIGIBILITY: The Sweepstakes is open to all legal residents of the fifty (50) United States and the District of Columbia, 18 years of age or older as of date of entry. Void where prohibited or restricted by law. The Sweepstakes is subject to all applicable federal, state and local laws. Employees, officers and directors, and their immediate family members (spouses, siblings, parents and children, including foster and step-relations, and their respective spouses) and household members (whether or not related) of Sponsor, and their respective owners, parents, subsidiaries and affiliated companies, subsidiaries, licensees, franchisees, distributors, dealers, sales representatives, their advertising and promotion agencies (including, without limitation, Likeable Media), and any and all other companies associated with the Sweepstakes (collectively, the “Sweepstakes Entities”) and members of each of their immediate families (spouse and parent, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter or win. You understand that you are providing your information to Sponsor and not to Facebook or Instagram. By participating, each entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor, which are final and legally binding on all matters relating to the Sweepstakes. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc.
- HOW TO ENTER: To enter the Sweepstakes, you’ll first need to become a registered user of www.Instagram.com (“Instagram”) or log into your Instagram account. If you do not have an account, go to www.Instagram.com to create one. Instagram accounts are free. By submitting your information and creating an Instagram account, you agree to the Instagram Terms of Use and Privacy Notice. If you do not agree to such Terms of Use and Privacy Notice, you cannot create an Instagram account, or participate in this Sweepstakes. Additionally, to enter via Instagram, your account must be set to public. To receive one (1) entry, follow @ManhattanWestNYC on Instagram, the Manhattan West Instagram page that can be located at https://www.instagram.com/manhattanwestnyc (the “Official Instagram”), then locate the official Sweepstakes grid posts (the “Posts”) and leave a comment tagging one (1) friend.. Limit one (1) entry per person and per Instagram account throughout the Sweepstakes Period [10/23/22 – 10/30/22 at 12p EST. ]. Entries received from any person or Instagram account in excess of the limitation stated will be void. If you choose to enter using your mobile phone, standard data rates may apply. See your wireless service provider for pricing plan details and capabilities. All entries must be submitted during the Sweepstakes Period. Entries submitted before or after the Sweepstakes Period will not be valid. All entries are subject to verification and approval by Sponsor. Entries that do not meet the requirements specified above or otherwise do not comply with the Official Rules
herein may be disqualified. Any attempted form of entry other than as described herein is void. Sponsor will determine in its sole discretion, what constitutes a valid entry. Each entry will be deemed to have been
submitted by the natural person assigned to the Instagram account or email account associated with the entry. Potential winners may be required to show proof of being the authorized Instagram account holder. No software-generated, robotic, programmed, script, macro or other automated online or text message entries are permitted and will be disqualified. All entries become property of Sponsor and will not be acknowledged.
Entry Restrictions:
- The entry must not contain material that violates or infringes any rights of any other party, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights;
- The entry must not in any way disparage or defame Sponsor, or any other person or party;
- The entry must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous, or libelous;
- The entry must not contain material that is obscene or offensive, or promotes bigotry, racism, hatred or harm against any group or individual, or promotes discrimination based on race, gender, religion, nationality, disability sexual orientation or age;
- The entry must not promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
- The entry must not contain material that is unlawful, in violation of or contrary to the laws or regulations of the United States of America; and
- The entry must be consistent with the image and values of Sponsor and be consistent with and satisfy the purpose of the Sweepstakes. The Sponsor reserves the right to reject any entry, which Sponsor determines, in its sole and absolute discretion, does not meet the above criteria or is otherwise offensive or is not in keeping with the Sponsor’s image and reputation.
- SELECTION OF WINNERS: All eligible entries will be considered. One (1) entrant will be selected at random by the Sponsor as the potential Grand Prize Winners on or about October 31, 2022]. Odds of winning depend on the number of eligible entries received throughout the Sweepstakes Period.
- WINNERS ANNOUNCEMENT AND NOTIFICATION: The prize winners will be contacted on or about October 30, 2022. Sponsor’s decisions are final and binding on all matters relating to this Sweepstakes. The prize winners will be notified via Instagram direct message or a comment on their Instagram post. Sponsor shall have no liability for any potential prize-winning notification that is lost, intercepted or not received by any potential prize winner for any reason. If, despite reasonable efforts, any potential prize winner does not respond within five (5) calendar days of the first notification attempt, or if the prize notification or prize is returned as unclaimed or undeliverable to such potential prize winner, the potential prize winner will forfeit his or her prize and an alternate winner may be selected by Sponsor from the remaining eligible entries. Potential Runner Up winners may be required to and potential Grand Prize winners must complete an Affidavit of Eligibility, Liability Release and, unless prohibited by applicable law, a Publicity Release and any other documents required by Sponsor, which must be returned within three (3) days of initial notification. Failure to sign and return requested documentation within the specified time period, the inability of Sponsor to
contact potential winner within a reasonable time period or noncompliance with these Official Rules by the potential winner will result in disqualification and, at Sponsor’s sole discretion, an alternate winner may be selected in a random drawing and notified. In the event the potential winner is an eligible minor, his/her parent or legal guardian will be required to accept the prize on such minor’s behalf. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential prize winner will be disqualified and an alternate winner may be selected by Sponsor from the remaining eligible entries.
7. PRIZES:
GRAND PRIZE: One (1) Grand Prize Winners are available. Grand Prize consists of one (1) $250 USD gift card to Manhattan West. Redemption is based on availability and discretion of the sponsor. Valid for one year from issue/event date. Black-out dates apply. Actual certificate must be presented at time of check-in. Tickets are subject to certain terms and conditions are specified thereon. Seat locations will be determined by Sponsor. Winner and guest (if applicable) must comply with all venue rules and regulations. Failure to do so may result in forfeiture of prize.
PRIZE CONDITIONS: Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. All federal, state and local taxes, if any, and all other costs and expenses associated with prize acceptance and use are the sole responsibility of the winner. Winners may not substitute, assign or transfer the prize (in whole or in part) or redeem the prize for cash. Sponsor reserves the right, at its sole discretion, to substitute the prize (or any portion thereof) with one of comparable or greater value. Any difference between the estimated approximate retail value and the actual value of any Prize will not be awarded. All prize details are at Sponsor’s sole discretion.
8. LIMITATION OF LIABILITY: The Sweepstakes Entities are not responsible for illegible, lost, late, incomplete, stolen, misdirected (including into spam/junk folders), postage due, returned, or undeliverable entries, comments, texts, email or postal mail, or any other Sweepstakes related communications; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; or garbled, corrupt, or jumbled transmissions, service provider/Internet/website use, net accessibility, incompatibility, availability or traffic congestion; or any technical, mechanical, printing, typographical or other error, unauthorized human intervention, or the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information. The Sweepstakes Entities are not responsible for any incorrect or inaccurate information, whether caused by any Website users, tampering, hacking, or by any of the equipment or programming associated with or used in the Sweepstakes and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft, destruction or unauthorized access to any website(s). Sweepstakes Entities are not responsible for any injury, including death, disability or other damage, whether personal or property, to entrants or to any person’s computer or mobile device related to or resulting from participating in the Sweepstakes and/or accepting a prize. If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes, including the selection of prize winners in a manner it deems fair and reasonable from among eligible entries received prior to such cancellation, termination, modification or suspension. If because of technical, typographical, mechanical or other errors or for any other reason, there are more claims for a prize than prizes offered as stated in these Official Rules, a random drawing will be held among all eligible claimants in such category to award such prize.
IN NO EVENT WILL THE SWEEPSTAKES ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS SWEEPSTAKES, PARTICIPATION IN SWEEPSTAKES AND/OR PRIZE RELATED ACTIVITIES, THE USE OR MISUSE OF A PRIZE, ACCESS TO AND USE OF ANY PARTICIPATING WEBSITES OR THE DOWNLOADING FORM AND/OR PRINTED MATERIAL AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THIS SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES, THE OFFICIAL RULES AND THE PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. GENERAL: If it is suspected by Sponsor in its sole and absolute discretion that any entrant has entered or attempted to enter more than the limit imposed in this Sweepstakes, using multiple accounts, email addresses or identities, all of any such entrant’s entries will be declared null and void and any prize any such entrant might have been entitled to will not be awarded. Sponsor reserves the right to disqualify any individual in its sole and absolute discretion, including but not limited to any individual suspected of, or found, in its sole opinion, to be tampering with the operation of the Sweepstakes; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of a Sweepstakes. ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING CRIMINAL PROSECUTION . Sponsor will use reasonable commercial efforts to discard all entries and/or materials submitted by the entrants promptly following completion of the Sweepstakes. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in Sweepstakes materials (including but not limited to point of sale, television, and print advertising, digital, mobile, Sweepstakes packaging, and other sweepstakes media, and any communications made by any person in any medium), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
10. RELEASE, INDEMNITY & GENERAL CONDITIONS OF PARTICIPATION: By entering the Sweepstakes, each entrant agrees, to the fullest extent permitted by law to be bound by these Official Rules and by all applicable laws and decisions of Sponsor which shall be legally binding and final, and to waive any right to claim ambiguity with respect to these Official Rules. To the maximum extent permitted by law, entrants and winner(s) agree to waive, release, indemnify, defend and hold harmless Sponsor and all other Sweepstakes Entities, their parents, affiliates, subsidiaries and divisions, and their respective directors, officers, employees and agents, and any social media platforms (“Released Parties”) from and against any and all threatened or actual actions, liabilities, claims, demands, losses, lawsuits, judgments, settlements, fines, damages, costs and expenses (including reasonable attorney fees) whether or not litigation is commenced arising at any time from the Sweepstakes and any element thereof; the entry (in whole or in part); participation (including travel) in any Sweepstakes, event, and/or prize-related activity, or inability to receive or participate in, or parts thereof; the delivery, acceptance, use, mis-use of a prize or any failure with respect thereto by any person or entity; personal injuries including death, damage to or destruction of property, violation of any rights of publicity or privacy, defamation or portrayal in a false light (whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory arising from or relating directly or indirectly to the Sweepstakes and any element thereof; any act, default, omission, non-compliance, and/or a violation or breach of any law or agreement, representation, warranty or covenant made herein, or any other agreements by/with Entrant, the Sponsor and/or any Sweepstakes Entity or Released Party, or any other third-person or entity who may not be a party to these Official Rules.
To the maximum extent permitted by law, entrants and winners covenant not to sue any Released Party or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind any other releases in these Official Rules to the fullest extent permitted by law. A waiver by one or more of the Sweepstakes Entities of any term in these Official Rules does not constitute a waiver of any other provision. If any item or provision contained in these Official Rules or any part thereof is declared or becomes unenforceable, invalid or illegal for any reason, all other terms and provisions of these Official Rules shall remain in full force and effect as if executed without the offending provision appearing therein.
Sweepstakes Entities shall not be liable to any Winner or any other person or entity for failure to execute the Sweepstakes, or any part thereof, or supply a prize in whole or in part, by reason of any event beyond
the Sponsor’s reasonable control, including but not limited to any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, event delay or cancellation.
11. DISPUTES: Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court of the State of New York and entrant hereby submits to the exclusive jurisdiction of such courts and waives any objection it might have based upon improper venue or inconvenient forum. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant 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 (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
12. PRIVACY POLICY: Any personally identifiable information collected during an entrant’s participation in the Sweepstakes will be collected by Sponsor or its agent, and will be used by Sponsor, its affiliates, agents and marketers for purposes of the proper administration and fulfillment of the Sweepstakes as described in these Official Rules and in accordance with Sponsor’s Privacy Policy as stated at https://www.brookfieldproperties.com/en/privacy.html. By participating in the Sweepstakes, each entrant agrees to the terms of the Sponsor’s Privacy Policy.
13. Severability: The invalidity or unenforceability of any provision of these rules 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 rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
14. PUBLICITY RIGHTS: By entering the Sweepstakes, each entrant grants and agrees to confirm that grant in writing, permission for Sponsor and/or Sponsor’s designee the perpetual, worldwide, royalty-free right to use his/her name, biographical information, photos and/or likeness, and statements for Sweepstakes, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered including live television, worldwide, including but not limited to on the World Wide Web and Internet including Sponsor’s and/or unrelated third-parties’ social media platforms and sites, without notice, review or approval and without additional compensation except where prohibited by law.
15. ODDS: The odds of winning will depend on the number of eligible entries. Winners will be selected at random.
ABBREVIATED RULES FOR USE ON IMAGE OR IN POST COPY OR CAPTION ONLY. PLEASE DETACH THIS SECTION FROM FULL OFFICIAL RULES ABOVE
No purchase necessary to enter or win the Sweepstakes.
The Sweepstakes starts on October 23, 2022 and ends at 12:00pm EST on October 30, 2022. Open to legal residents of the 50 U.S. and D.C., 18 or older. Void where prohibited. Sponsored by Manhattan West, 435 W 31st St, New York, NY 10001.