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. Fever Labs Inc. (hereinafter, “Fever”), of 76 Greene St, 4th Fl New York, NY 10012, US is the sponsor and manager of the Adventcalendar_New York_Christmas present Giveaway (“Sweepstakes”) that are to be administered in accordance with these Terms and Conditions (“Terms”).

Acceptance of the Terms. By participating in this Sweepstakes, (A) each participant (each one, “you” “your” or a “Participant“) agrees to be bound by these Terms and all applicable laws, ordinances and regulations, as well as by the decisions Fever makes regarding this Sweepstakes in accordance with the foregoing, (B) you agree to release Fever and its administrators, partners and employees from any liability, loss or damage resulting from your 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 (C) you represent that you are aged eighteen (18) or older Fever may exclude you from participation if you are suspected to be engaging in or have engaged in abusive or fraudulent practices. Fever reserves the right to cancel, suspend and/or modify any aspect of the Sweepstakes, if any fraud, technical failures or any other factor beyond Fever’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Fever in its sole discretion. Fever shall communicate any such change to Participants at least through the original publication of the Sweepstakes, itself. Fever’s failure to enforce any provision of these Terms shall not constitute a waiver of that provision. Fever is not responsible for the content of any external websites that are linked or referenced within these Terms.

Sweepstakes Period. The Sweepstakes will begin at 10:00 AM ESTon 25/12/2022 and end at 11:30 PM EST on 28/12/2022.

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 the Sweepstakes by (i) liking and following Secret New York (https://www.instagram.com/secret_nyc/|https://www.instagram.com/secret_nyc) (“Fever’s Instagram Account”) (ii) liking the post or publication made by Fever’s Instagram Account by which Fever shall communicate the Sweepstakes and (iii) tagging a friend on the Instagram post or publication you would like to enjoy the prize with. You will be deemed to have formally entered into the Sweepstakes on the date and time step (iii) is completed.

Each Participant will receive one (1) entry into the Sweepstakes. Participation in this Sweepstakes is completely free and does not entail or require any payment or consideration by Participants. Odds of receiving a Prize shall depend on the number of entries received.

Fever is not 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 Fever. Fever 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): Fever and/or its employees, agents, freelancers, contractors (and those of any 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, Fever will select one (1) winner (“Winner”) in a random drawing from among the Participants who have entered the Sweepstakes in accordance with these Terms. Fever will notify the Winner in accordance with these Terms, and (after validating Winner’s compliance with the requirements in these Terms) will contact the Winner to finalise the Prize.

Prize. The prize(s) will consist of one (1) double invitation for “Harry Potter: A Forbidden Forest Experience” (“Prize”). The Prize has an approximate retail value (ARV) of 99 USD. Upon notification by Fever, the Winner shall have two (2) business days to claim the Prize, by confirming their relevant contact details with Fever, in order to facilitate Prize delivery, otherwise the Prize shall be forfeited. Once the Prize has been delivered, the Winners shall be solely responsible for the use and redemption of the Prize in a purchase on Fever’s website, available at https://feverup.com/m/117678. 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.

Limit of one prize per person or household. Use of the Prize is subject to availability and to the Terms of Use and Vouchers T&Cs available on Fever’s website. 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. Fever reserves the right to unilaterally substitute any element of the Prize for another of equal or greater value. All federal, state and local 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. The Winner(s) will be announced at 12:30 PM EST on 29/12/2022 following the end of the Sweepstake Period, in a post, where the Winner will be tagged by Fever’s Instagram Account to notify the Winner. Fever may, in addition to this, notify the Winner by direct message to their Instagram profile from Fever’s Instagram Account.

Participation through social networks. Instagram>> does not in any way sponsor, endorse or administer the Sweepstakes, nor is it associated with it. Participants exempt Instagram from any responsibility derived from the development of the Sweepstakes. You 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. Fever 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 Fever and/or its designees to use your name, city or geographical area of residence, social media handle, photograph, testimonial or other likeness and/or prize information or personal exposition, and Fever 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, the Winner to the extent permitted by law.

Limitation of Liability; Disclaimer of Warranties. By participating, Participants and Winners agree to release and hold harmless Fever and its respective advertising and promotion agencies and its 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 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” at Fever C/O WeWork 379 W Broadway, Suite 344 New York, NY 10012.

Use of Data. Fever will be collecting personal data about entrants online, in accordance with its privacy policy. You can review Fever’s privacy policy here.