TodayTix MUSEUM OF ICE CREAM GIVEAWAY Rules
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THIS giveaway. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
MUSEUM OF ICE CREAM GIVEAWAY giveaway (the “giveaway”) is sponsored by TodayTix, (“Sponsor”), having its principal place of business at 32 Avenue of the Americas, 23rd Floor, New York, NY 10013. The giveaway entry period begins on February 15, 2019 at 4:00 pm Eastern and ends on February 28, 2019 at 11:59:59 pm Eastern (such period, the “Entry Period”). All times are based solely on Sponsor’s computer clock.
Must be 18 years or older to enter. Must live within the United States, or its territories, including American Samoa, Guam, Northern Mariana Islands, Puerto Rico and United States Virgin Islands. Employees, officers, directors and agents (and their immediate families and household members regardless of where they live, or members of the same households (whether related or not) of TodayTix (Sponsor), and any of its divisions, affiliates, and subsidiaries, and any affiliated entities, are not eligible to participate in the Giveaway or to win any prize. Federal, state and local laws and regulations apply. VOID OUTSIDE OF THE ELIGIBILITY AREA AND WHERE PROHIBITED OR RESTRICTED BY LAW. Federal, state and local laws and regulations apply.
HOW TO ENTER
Like the TodayTix Instagram post dated February 15, 2019 about the Museum of Ice Cream. Comment on that post and tag a friend who resides in or near the San Francisco Bay Area. Follow TodayTix on Instagram on at least the date of prize drawing. All entries must be received by February 28, 2019 at 11:59:50 pm Eastern Time. Odds of winning depend on the number of eligible entries received. No entries will be acknowledged or returned. PRIZE: One winner will receive a $250 digital gift card good for use on the TodayTix Shop. Estimate prize value: $250. Additional restrictions may apply. Any expenses not specifically stated herein, including but not limited to meals, taxes and gratuities for the winner and his/her guest are the sole responsibility of the winner. Prize must be redeemed by December 31, 2019.
The potential Prize Winner will be selected in a random drawing from all eligible entries received. Winner will be tagged in a comment on the Instagram post and will also be notified by Instagram Direct Message on or by March 5, 2019 by 5:00 pm ET and will be required to reply with their email address. The drawing will be conducted by the Sponsor whose decision is final and binding on all aspects of this giveaway. Failure of the potential Prize Winner to respond within a reasonable time frame (but not later than 3pm Eastern on March 12, 2019) from such notification referred to above may result in disqualification and the selection of another entrant from among all eligible entries received. The Sponsor is not required to contact potential Prize Winner more than once. By entering the drawing, each entrant agrees to be bound by these Official Rules and the decisions of the Sponsor. In the event of non-compliance for any reason, including the inability to accept the Prize for any reason, an alternate entrant may be selected in the Sponsor’s sole discretion.
CONDITIONS, DISCLAIMERS, AND LICENSE
By entering this giveaway, each entrant agrees to be bound by these Official Rules and by all decisions of the Sponsor (whose decisions are final and binding on all matters relating to the giveaway), and to comply with all federal, state and local laws and regulations. The decisions of the Sponsor are final on all matters of fact, interpretation, eligibility, procedure and fulfillment. Entries are void if unreadable, inaccurate, incomplete, forged, mechanically reproduced, irregular in any way, or otherwise not in compliance with these Official Rules. The Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished or made available in connection with the giveaway. Although the Sponsor attempts to ensure the integrity of the giveaway, the Sponsor is not responsible for the actions of entrants or other individuals in connection with the giveaway, including entrants’ or other individuals’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the giveaway. The Sponsor is not responsible for injury or damage to entrant’s or to any other person’s computer(s), other equipment, or person(s), related to or resulting from participation in the giveaway or downloading materials from or using the giveaway Site. If, for any reason, the giveaway is not capable of running as planned for any reason including by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, strikes, industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles, or any other causes which, in the sole opinion of the Sponsor, could corrupt, compromise, undermine, or otherwise affect the administration, security, fairness, integrity, viability, or proper conduct of the giveaway, the Sponsor reserves the right in its sole and absolute discretion to modify these Official Rules and/or to cancel, terminate, modify, or suspend all or any part of the giveaway, and in its sole discretion to select a new potential winner from among all eligible entries received up to the time of such cancellation, termination, modification, or suspension, as applicable. In the event that there are typographical errors that obscure the original intent of the giveaway, the Sponsor reserves the right to cancel or modify the giveaway appropriately. By entering this giveaway and unless prohibited by law, the potential Prize Winner hereby consents to use of his/her respective name, voice, photograph and/or likeness for advertising or publicity purposes for this and similar promotions without compensation and the potential winner and guest may be required to provide a signed release acknowledging such consent, unless restricted by law. Moreover, by entering this giveaway, unless prohibited by law, the potential Prize Winner agrees to grant to the Sponsor, and its licensees, affiliates, and assigns, the right to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including without limitation the World Wide Web, at any time or times, the Prize Winner’s name, likeness (actual or simulated), voice (actual or simulated), and biographical information as news or information and for advertising and promotional purposes without additional consideration; and further without such additional compensation, appear for, or provide biographical information for use in, any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews, as may be determined from time to time by the Sponsor in its sole discretion. By entering this giveaway electronically and voluntarily providing your personal information, entrants consent and agree to the Sponsors’ collection and use of the entrant’s information for the administration of this giveaway and agree to Sponsors’ use of entrant information for the purpose of contacting entrant in relation to this giveaway. Sponsor may send promotional communications to entrant’s email address after entry. The entrant will have the option to opt-out of such emails.
RELEASE AND INDEMNIFICATION
By entering the giveaway, entrants release and hold the Sponsor, and any affiliated entities including parents, related and affiliated companies, subsidiaries, advertisers, promotional agencies and each of their respective directors, successors, sponsors, partners, licensees, officers, subsidiaries, agents, employees, artists, advisors, assignees, and all others associated with the development and execution of the giveaway harmless from and against any and all losses, damages, rights, claims, and actions of any kind arising in whole or in part, directly or indirectly, from the giveaway or participation in any giveaway-related activity, or resulting directly or indirectly, from acceptance, possession, use, or misuse of any Prize awarded in connection with the giveaway, including without limitation causes of action, claims and demands, including legal fees and expenses, including but not limited to, claims based on negligence, breach of contract and liability for physical injury, death, or property damage which the entrants or his/her administrators, heirs, successors or assigns might have or could have, by reason of or arising out of the entrant’s participation in the giveaway and/or in connection with the acceptance and/or use entrant of the Prize. The giveaway is in no way sponsored, endorsed, administered by or associated with, Facebook and all entrants agree to release and hold harmless Facebook from any and all liability associated with or arising out of the giveaway.
LIMITATION OF LIABILITY
The giveaway, all Prizes, and all materials provided on or through the giveaway Site are provided “as is” without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. WITHOUT LIMITING THE RELEASE GRANTED BY ENTRANTS HEREIN, BY ENTERING THE giveaway, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE giveaway, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2)UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3)ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. GOVERNING LAW: The giveaway and these Official Rules are governed by and shall be construed in accordance with the substantive laws of the State of New York (as distinguished from the choice of law rules) and the United States of America applicable to contracts made and performed entirely in New York and where the relevant contacts are with such state. All applicable federal, state, and local laws and regulations apply.
MISCELLANEOUS: Severability; Headings: If any provision of these Official Rules is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.