2021 Van Gogh: The Immersive Experience Sweepstakes Terms and Conditions
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. BY ENTERING, YOU AGREE TO THESE TERMS AND CONDITIONS, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES
Sponsor. Exhibition Hub New York LLC (hereinafter “Sponsor“), is the Sponsor of sweepstakes called 2021 Van Gogh: The Immersive Experience Instagram Giveaway (“Sweepstakes”) , with Fever Labs Inc. (hereinafter, “Manager”) of 379 W Broadway, Suite 344 New York, NY 10012 administering elements of the sweepstakes (in accordance with these Terms and Conditions).
Acceptance of the Terms. By participating in this Sweepstakes, (A) each Participant (“you” or, each one, a “Participant“) agrees to be bound by these Terms and Conditions and all applicable laws, ordinances and regulations, as well as by the decisions the Sponsor makes regarding this Sweepstakes in accordance with the foregoing, (B) each Participant agrees to release the Sponsor, the Manager, and their administrators, partners and employees from any liability, loss or damage resulting from the Participant’s participation in this Sweepstakes or with respect to the adjudication, receipt, possession, use and / or misuse of any of the Prizes awarded in accordance with these Terms and Conditions, and (C) each participant represents that they are aged 18 years or older. Sponsor may exclude from participation any Participants who are suspected to be engaging in or have engaged in abusive or fraudulent practices. Manager reserves the right to cancel, suspend and/or modify any aspect of the Sweepstakes, if any fraud, technical failures or any other factor beyond the Manager’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by the Manager in its sole discretion. The Manager shall communicate any such changes in the Sweepstakes to Participants at least through the original publication of the Sweepstakes, itself. Manager’s failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of that provision.
Sweepstakes Periods. The Sweepstakes will begin at 10:00 PM (EDT/GMT-4) on Tuesday May 25, 2021 and end at 11:59 PM (EDT/GMT-4) on Thursday, May 27, 2021.
Participation. To be a Participant, it will be necessary to have an Instagram account and to have an associated, true, Instagram profile. You can enter in the Sweepstakes by (i) following @vangogh.experience on Instagram, (ii) following @secret_nyc (the “Manager’s Instagram Account”) on Instagram, (iii) liking the Instagram post or publication by which the Manager shall communicate the Sweepstakes, and (iv) commenting on the Instagram post , and tagging a friend in this comment. Participants may enter as many times as they like, by tagging a different friend in each comment. Participants will be deemed to have formally entered into the Sweepstakes on the date and time step (iv) is completed.
For each eligible comment, you will receive one (1) entry into the Sweepstakes. Participation in this Sweepstakes is completely free and does not entail or require any payments by Participants.
Neither Sponsor or manager are responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Proof of submission will not be deemed to be proof of receipt by Sponsor. Sponsor will not be responsible for the veracity of any data provided by Participants.
Participants. Participants must be legal United States residents, residing in the State of New York and be at least eighteen (18) years old on the date of entry to the Sweepstakes. The following persons may not be Participants or enjoy any Prize (either directly, or indirectly as a companion): Sponsor, Manager and/or their employees, agents, freelancers, contractors (and those of any of Sweepstakes partners, associated companies or prize providers) and their immediate family members or households (whether related or not), and anyone else professionally involved with the Sweepstakes, and these persons shall be excluded from entering and from winning the Sweepstakes.
Winner Selection. Within one business day following the end of the Sweepstakes period, the Manager will select three (3) winners (each a “Winner”) in a random drawing, from among the Participants who have entered the Sweepstakes during this period. Manager will notify each Winner in accordance with these Terms and Conditions, and (after validating Winner’s compliance with requirements set forth herein) will contact the winner directly to finalise the Prize.
Prizes. The Sweepstakes will involve three prizes (each a “Prize”) with each Prize consisting of two VIP entry tickets to Van Gogh: The Immersive Experience NYC, located at Skylight on Vesey, 300 Vesey St., New York, NY 10282. Each Prize has an approximate retail value (ARV) of one hundred and thirty US dollars ($130), with a total approximate retail value for all three Prizes being three hundred and ninety US dollars ($390). Following acceptance of a Prize, the respective Winner shall be contacted by the Sponsor. The respective Winner shall have until 12:00 AM (EDT/GMT-4) on Tuesday, June 1, 2021 to claim the Prize, by confirming the relevant contact details with the Manager to facilitate Prize delivery, otherwise the Prize shall be forfeited. The Prize does not include assistance with travel or travel costs or other expenses associated with attending the experience. There shall be no cash awarded in lieu of the Prize. The Prize is non-transferrable. Sponsor reserves the right to unilaterally substitute any element of the Prize for another of equal or greater value. All federal, state and local income taxes applicable to the Prize are solely the responsibility of the Winner, and the Winner shall ensure that they comply with any associated legal and filing requirements.
Notification. Winners will be announced at approximately 12:00 PM (EDT/GMT-4) on Friday, May 28, 2021 via a comment on the original Sweepstakes Instagram post, where the Winner’s Instagram username or handle will be tagged by the Manager’s Instagram Account to notify the Winner. The Manager may, in addition to this, notify the Winner by Instagram direct message to their Instagram profile from the Manager’s Instagram Account. The Winner must accept the Prize by sending a private message to the Manader’s Instagram Account. If a Winner cannot be contacted within two (2) calendar days of first notification attempt, if a Winner rejects the Prize or in the event of any noncompliance with these Sweepstakes terms and conditions by a Winner, the Prize will be considered to be forfeited and an alternate Winner will be selected from all remaining eligible entries. Upon prize forfeiture, no compensation will be given.
Participation through social networks. Instagram does not in any way sponsor, endorse or administer this Sweepstakes, nor is it associated with it. The Participants exempt Instagram from any responsibility derived from the development of this Sweepstakes. Participants may not comment or incorporate content into the post of the Sweepstakes that is offensive, obscene, violent, denigrating, racist, discriminatory, defamatory, illegal or that incites illegal behavior, threats or insults. Offensive comments include such content that is deemed to be in breach of Instagram’s Community Guidelines, and that may be removed by Instagram. Manager reserves the right to remove such content and / or to inform the competent authorities of any content that appears in breach of Instagram’s published standards or applicable law, in its opinion. Any Participant that is found to breach this term shall have their participation in the Sweepstakes automatically made void.
Social. Acceptance of a prize constitutes permission for Sponsor, Manager and/or their designees to use the Winner’s name, city or geographical area of residence, social media handle, photograph, testimonial or other likeness and/or prize information or personal exposition, and we may refer to your association with the Sweepstakes (and/or any edited portion thereof) for promotional, advertising, PR, and/or publicity purposes in any media, now or hereafter known throughout the world in perpetuity, without compensation or notice to, or further consent of, to the winner to the extent permitted by law.
Limitation of Liability; Disclaimer of Warranties. By participating, entrants and winners agree to release and hold harmless, Sponsor, Manager, and their respective advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, “Released Entities”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Sweepstakes, or possession, acceptance and/or use or misuse of prize or participation in any Sweepstakes-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery.
IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE PRIZE AND/OR THE SWEEPSTAKES. IN NO EVENT SHALL THE RELEASED ENTITIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $10. WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Applicable law and jurisdiction. All disputes and claims arising out of or relating to the Sweepstakes will be governed by the laws of the State of New York, without regard to its conflict of laws rules, or any rules of private international law, that would lead to the application of any other laws, and you agree to the exclusive jurisdiction in the federal and state courts located in New York City, NY, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
Winners List. To obtain a copy of any legally-required winners list, send a self-addressed stamped envelope to: “Sweepstakes Winners List”, to Manager at Fever C/O WeWork 379 W Broadway, Suite 344 New York, NY 10012.