By entering the Contest, all entrants grant an irrevocable perpetual non-exclusive license to Sponsor, to reproduce, distribute, display and create derivative works of the Entries in connection with the Contest and promotion of the Contest, in any media now or hereafter known, including, but not limited to, future advertising and marketing. Entrants consent to the Sponsor doing or omitting to do any act that would otherwise infringe the entrant’s “moral rights” in their Entries. Display or publication of any Entry on a Sponsor’s website does not indicate the entrant will be selected as a winner. Sponsor will not be required to pay any additional consideration or seek any additional approval in connection with such use. Additionally, by entering, each entrant grants to Sponsor the unrestricted right to use all statements made in connection with the Contest, and pictures or likenesses of Contest entrants. However, Sponsor may choose not to use all statements made in connection with the Contest, and pictures or likenesses of Contest entrants, at its sole discretion. Sponsor will not be required to pay any additional consideration or seek any additional approval in connection with such use.
LIMITATION OF LIABILITY
By entering this Contest, all entrants agree to release, discharge and hold harmless Luna Park, Central Amusement International Inc., CAI Foods Inc., The City of New York, The New York City Economic Development Corporation, Apple Industrial Development Corp. and the City of New York Department of Parks and Recreation, and their partners, affiliates, subsidiaries, advertising agencies, agents, employees, officers, directors, and representatives from any claims, losses, and damages arising out of their participation in this Contest or any Contest-related activities and the acceptance and use, misuse, or possession of any prize awarded hereunder.
Luna Park assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; theft or destruction of or unauthorized access to Contest Entries or Entry forms; or alteration of Entries or Entry forms. Luna Park is not responsible for any problems with or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail Entry to be received on account of technical problems or traffic congestion on the Internet or at any Web site, human errors of any kind, or any combination thereof, including any injury or damage to entrants’ or any other persons’ computers related to or resulting from participation, uploading or downloading of any materials related to in this Contest.
This Contest is VOID WHERE PROHIBITED. Entrants agree that this Contest shall be subject to and governed by and subject to the laws of the state of New York without reference to its conflict of laws principles, and the forum for any dispute shall be in the state of New York, United States of America. To the extent permitted by law, any entrant expressly waives the right to litigate, to seek injunctive relief or to make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest. Certain restrictions may apply.
By entering, entrants also agree (a) to be bound by these Terms Conditions and Official Rules; (b) that the decisions are final and binding with respect to all matters relating to the Contest; and (c) that, if the entrant wins, Sponsor may use the winning Entry and each winner’s name, likeness, and/or voice in any publicity or advertising relating to the Contest or future promotions without compensation or approval (except where prohibited by law). All federal, state/provincial/territorial and local taxes, fees and surcharges and taxes (whether foreign or domestic, and including income, sales, and import taxes) on prizes are the sole responsibility of the prize winners. In the event that the selected winner(s) of any prize are/is ineligible, cannot be traced or do not respond within 10 days to a winner notification as required by the “Contest Prizes” Rules above, or refuses the prize, the prize will be forfeited and Sponsor, in its sole discretion, may choose whether to award the prize to another entrant.
The Sponsor reserves the right to verify the validity of any Entry and/or entrant (including an entrant’s identity and address) and to disqualify any entrant who submits an Entry that is not in accordance with these Official Rules or who tampers with the Entry process. Failure by the Sponsor to enforce any of its rights at any stage does not constitute a waiver of those rights.
RIGHT TO CANCEL OR SUSPEND CONTEST
If for any reason the Contest is not capable of running as planned, due to infection by computer virus, bugs, worms, trojan horses, denial of service attacks, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right, at its sole discretion, to disqualify any individual(s) who tamper with the Entry process, and/or to cancel, terminate, modify, or suspend the Contest. If Sponsor elects to cancel or terminate the Contest, Sponsor will not retain any rights to Entries.