The New York Intern Project Contest Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
In these Official Contest Rules ("Rules"), the following terms have the meanings set out below. In addition, other capitalized terms have the meaning so given to them.
"Contest" means the contest, game, sweepstake, promotion, marketing activity or other event specified in the Contest Summary;
"Contest Facilitators" means, collectively, the Administrator, the Organizer and any sponsors arranged by the Organizer;
“Contest Requirements” means the guidelines and criteria that entrants must abide by to be eligible for the Contest;
“Contest Site” means a subdomain of the Site or a domain or website of the Organizer;
"Contest Summary" means the Contest summary page for a particular contest, which specifies certain information for that Contest;
"Administrator" means Strutta.com Media Inc.;
"Organizer" means the organization that organizes and sponsors a Contest, as specified in the Contest Summary;
“Prize” or “Prizes” means the prize or prizes (if there are multiple prizes) to be awarded for a particular Contest as specified in the Contest Summary;
"Region" means the region(s) selected in which the Contest is held; and
“Site” means www.strutta.com any and any services available thereon.
Eligibility: The New York Intern Project Contest is FREE to enter and open to all individuals who are legal residents of the Region(s) specified, and have reached the age of 18 at the time of their Entry (as defined below) (“you” or “Contestant”). The Contest is open to any legal resident of the United States. It is your responsibility to ensure that you are legally eligible to enter the Contest under any laws applicable to you in your jurisdiction of residence or otherwise. Employees of the Sponsor, its affiliates, subsidiaries, management companies, advertising agencies and marketing companies and the immediate families of any of their respective employees or persons with whom such employees are domiciled are not eligible to enter or win the Contest. By participating in this Contest, you agree to be bound by these Rules. Sponsor reserves the right to verify your eligibility qualifications and to disqualify you if you are found to be in violation of these eligibility requirements.
- Agreement to Official Rules: By participating in the Contest, you fully and unconditionally agree to and accept these Rules and the decisions of the Organizer and/or Administrator, which are final and binding in all matters related to the Contest. Whether or not you receive a Prize is contingent upon fulfilling all requirements set forth in these Rules. The Contest is subject to all applicable federal, state, and local laws. The Organizer is responsible for ensuring the Contest complies with all laws in all jurisdictions where the Contest is offered. CONTESTS are void where prohibited by law.
- Contest Period: The Contest opens on the date and time specified in the Contest Summary, and ends on the date and time specified in the Contest Summary (the "Contest Period"). All times specified are Pacific Standard Time (PST). The Administrator’s computer is the official time-keeping device for the Contest.
- How to Enter: To enter the Contest, complete the registration form for a Strutta account (the "Registration Form") on the Site with your name, email address, birth date and any required questions as specified by the Administrator, and then follow the directions specified for the Contest in the Contest Summary at www.nyinternproject.com during the Contest Period. You must register for a Strutta account in order to participate in an Contest. You must then provide an entry ("Entry") that fulfills the contest requirements ("Contest Requirements"), as specified in the Contest Summary, to be eligible to win a Prize. Entries that do not include all the required information and adhere to the Rules will be considered void. The Contest Facilitators are not responsible for lost, misdirected or incomplete Entries.
The Organizer determines if an Entry meets the Contest Requirements and otherwise complies with the Rules.
- Terms of Submission: You may enter the Contest as many times as is specified in the Contest Summary. You may delete your Entry at anytime. By participating in the Contest you permit public display of your entry materials and public voting in connection with your Entry.
- Rights Granted by you: By entering this Contest, you agree that:
- the Administrator and its licensees, successors and assigns will have the right to use all or a part of your Entry, your name and address (city and state/province/territory), and the names, likenesses, photographs, voices, statements and images of all persons appearing in the Entry anywhere in the world and in perpetuity, for future advertising, trade, promotion and publicity in any manner and in any medium now known or hereafter devised throughout the world in perpetuity, without compensation and without notice to you and without consideration, review or approval from you; and
- you agree that you will not now nor in the future be paid for your Entry or for granting the Administrator any of the rights set out in these Rules.
- Your Representations and Warranties: By entering the Contest, you represent and warrant that:
- your Entry, in its entirety, is an original work by you and you have not included third party content (such as writing, poetry, text, graphics, artwork, logos, photographs, likeness of any third party, musical recordings, clips of videos, television programs or motion pictures) in or in connection with your Entry without permission;
- your Entry, the use thereof by the Contest Facilitators, or the exercise by the Organizer or Administrator of any of the rights granted by you under these Contest Rules, does not and will not infringe or violate any rights of any third party or entity, including, without limitation, patent, copyright, trademark, trade secret, defamation, privacy, publicity, false light, misappropriation, confidentiality, or any contractual or other rights;
- you have all the rights, licenses, permissions and consents necessary to submit the Entry and to grant all of the rights that you have granted to the Contest Facilitators under these Contest Rules;
- all persons who were engaged by you to work on the Entry, who appear in the Entry in any manner, or have contributed to the Entry have:
- given you their written consent to submit the Entry without claims for payment of any kind; and
- provided written permission to include their name, likenesses, image or pictures in or with your Entry (or if a minor who is not your child, you must have the permission of their parent or legal guardian) and you may be asked by the Contest Facilitators to provide such permission in writing to the Contest Facilitators; and
- Your photo or video entry, as applicable, may not contain, as determined by the Sponsor, in its sole discretion, any content that:
· Is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
· Promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous;
· Is obscene or offensive; endorses any form of hate or hate group;
· Defames, misrepresents or contains disparaging remarks about the Sponsor, or its products or other people, products or companies;
· Contains trademarks, logos or trade dress (such as distinctive packaging or phraseology) owned by any entity;
· Contains copyrighted materials owned by any entity (including photographs and other works of art or images);
· Advertises or promotes any brand or product of any kind;
· Contains any personal identification, such as personal names, street or email addresses, or phone numbers;
· Violates or encourages the violation of any law, rule or regulation;
· Contains materials embodying the names, likenesses or other indicia identifying any person;
· Promotes any particular political party, agenda or message; and/or
· Communicates messages or images inconsistent with the positive image and/or goodwill to which the Sponsor wishes to associate
Contest Facilitators shall have the right to disqualify any Entries that they deem to be obscene, vulgar, sexually explicit, lewd, derogatory, inappropriate, or otherwise not in good taste, as determined by the Contest Entities in their sole discretion.
- Grand Prize: The Grand Prize Winner will receive an offer for a three (3) month internship with Affect Strategies, with a $5,000 stipend (there will not be overtime pay) over a period of three (3) months and an up to $2,500 Housing Stipend over the three (3) months. It is the sole responsibility of the Contest winner to make arrangements with his/her employer, if applicable, and obtain any and all necessary permissions, as appropriate, so that he/she can perform the duties of the internship position including all requisite travel. Winner must complete, sign and return the agency’s standard internship agreement without changes or negotiation (“Internship Agreement”). If the potential winner fails to return the completed, signed Internship Agreement within the indicated time period, the Contest Facilitators reserve the right to rescind the internship offer and will have no liability or obligation to such potential winner. In the event of any inconsistency between these Official Rules and the Internship Agreement, the Internship Agreement will prevail, govern and control. Winner (after completion/signing/return of Internship Agreement) will NOT be an employee of Affect Strategies . The Winner will instead be an independent contractor of Affect Strategies, and will NOT be entering into any of the following relationships (either expressly or impliedly) with Affect Strategies or Contest Entities: employer-employee, principal-agent or master-servant. The Winner agrees to be solely responsible for payment of all taxes and statutory payments for compensation received under the Internship Agreement and is not entitled to any other payment or benefits from the agency and/or Contest Facilitators. In order to be eligible for the full prize and housing stipend amount, the winner must stay with Affect Strategies for a duration of three (3) months and must provide proof of housing fees on a per month basis.
- Finalists: The top two (2) finalists selected pursuant to the process below will be brought to New York, NY for a final interview to select the winner. The trip may include coach roundtrip air travel from airport nearest finalist’s residence to New York, NY, one (1) nights hotel accommodations, and an allowance for meals and expenses to be determined by Affect. Finalists are solely responsible for obtaining any required travel documents and travel insurance.
- Winner(s): The winner(s) ("Winner(s)") of the Prize(s) will be selected, as specified in the Contest Summary, from all eligible Entries received. If you are selected as a Winner, you will be notified of the selection of your Entry by the phone or email address provided by you on the Registration Form. If you do not respond to the phone or email notification of your selection as a Winner within three (3) days, an alternate Winner may be selected to receive the Prize. All decisions of the Organizer in selecting the Winner(s) are final and binding on all Entrants in all matters relating to the Contest.
- Prize Redemption: A Prize is personal to the Winner and is non-transferable. If a Winner cannot be contacted, or fails to accept the Prize/Internship within ten (10) days, the Winner forfeits the Prize. Acceptance of any Prize shall constitute and signify the Winner's agreement and consent that the Contest Facilitators may use the Winner's name, photo, city, state, likeness, actual or paraphrased statements, Entry and Prize information in connection with the Contest, worldwide, including on the internet, without limitation and without further payment or consideration, except where prohibited by law. Each Winner (or his/her parent/guardian if the Winner is a minor) is responsible for all taxes and fees associated with receipt of the Prize.
- Selection: All Contest Entries properly submitted pursuant to these Official Rules will be voted upon by the public and the top (5) voted entries will evaluated by a panel of judges. An additional one (1) entrant will be selected by the judges to be included in the semi-finalist round. The selection process will take place in two stages as follows:
- Public Voting: Online voting begins and ends as stated in the Contest Summary (the "Voting Period"). Anyone who registers on the Site can vote for their favorite Entry or the Entry that best meets the judging criteria during the Voting Period. The Contest Facilitators have the right, in their sole discretion, to maintain the integrity of the Contest, including the right to void votes, including, but not limited to, for the following reasons:
- multiple votes from the same user from different IP addresses or from different email addresses; fraudulent entry votes (using a redirect link, a disguised link, a fraudulent link, etc.);
- technical malfunction of servers or internet connection;
- user(s) recanting their own votes;
- technical or content upgrades that render votes incompatible or inconsistent; and
- inappropriate conduct in promoting votes (spam, harassment, etc.).
- Professional Judging: The top 6 entries (5 with the most votes and 1 wild card entry selected by the judges) will be reviewed by celebrity judges along with Affect, and the top two entries will be selected to travel to New York, for a final interview to select the ultimate winner. The decisions of judges are final and binding.
12. General Conditions: The Contest Facilitators have the right to verify your eligibility and compliance with these Rules, and to disqualify you on the basis of its investigation.
You may not enter with multiple e-mail and/or street addresses, nor may you use any other device or artifice to submit more than one (1) Entry or vote. If you use fraudulent Entry methods, or otherwise attempt to participate with multiple e-mail and/or street addresses under multiple identities, or use any device or artifice to enter more than one (1) Entry, you will be disqualified. In the event of a dispute as to any Entry, the authorized account holder of the e-mail address used to enter will be deemed to be the person who made the Entry. For the purposes of these Rules, the authorized “account holder” is the natural person assigned an e-mail address by an internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address.
Nothing contained in these Rules shall be construed to: (i) constitute the parties as partners, joint venturers, principal and agent, employer and employee, co-owners or entrants in a joint undertaking; or (ii) allow you to create or assume any obligation on behalf of the Organizer.
By entering the Contest, you fully and unconditionally agree to and accept these Rules and the decisions of the Contest Facilitators and the members of the voting community, which are final and binding on all matters relating to this Contest.
Contest Facilitators reserve the right to cancel, modify or suspend the Contest at any time (subject to approval of any regulatory body having jurisdiction), if it is determined that the Contest cannot be run as originally planned or if fraud or any other occurrence comprises the fairness or integrity of the Contest.
You understand and agree that this Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, and any comments, questions or concerns regarding the Contest shall be directed to the Contest Facilitators and not to Facebook.
13. Publicity/Press Releases: Contest entrants may not issue press releases or other publicity in connection with your participation in the Contest.
14. Liability Provisions: The Contest Facilitators are not responsible for human error, theft, destruction, or damage to Entries or other factors beyond its reasonable control.
You assume all risk of damaged, lost, late, incomplete, invalid, incorrect or misdirected Entries. The Contest Facilitators make no warranty, representation or guarantee, express or implied, in connection with its ability to in any way enable, develop or market the idea set forth in your Entry.
The Contest Facilitators shall not be liable to a Winner or any other person for failure to supply the Prize or any part thereof, by reason of the Prize becoming for reasons beyond the reasonable control of the Contest Facilitators unavailable or impracticable to award, or for any force majeure event, technical or equipment failure, terrorist acts, labor dispute, or act/omission of any kind (whether legal or illegal), transportation interruption, civil disturbance, or any other cause similar or dissimilar beyond the Organizer’s control.
The Organizer, Administrator and their employees, officers, directors, agents, contractors, representatives, affiliates, divisions, subsidiaries, resellers, dealers, distributors, advertising/promotion agencies, and Facebook (the “Released Parties”) shall not assume any responsibility whatsoever for any of the following: delayed, failed, partial or garbled computer transmissions; technical failures of any kind, including, but not limited to, lost, interrupted or unavailable network, server, internet, or other connections; the availability, accessibility, technical failure or miscommunications of computer, satellite, telephone or cable transmissions; the incorrect or inaccurate capture or failure to capture information whether caused by Site or Contest Site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest; errors of any kind whether human, mechanical, electronic, network or otherwise arising out of or relating to the Contest; theft, loss, destruction or damage to an Entry in whole or in part; and other factors beyond their reasonable control. The Released Parties are not responsible for injury or damage to your or to any other person’s computer related to or resulting from participating in the Contest or downloading materials from or use of the Site or any Contest Site.
CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE THE SITE OR ANY CONTEST SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF APPLICABLE CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, THE ORGANIZER AND ADMINISTRATOR RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW AND TO DISQUALIFY YOU FROM THE CONTEST.
LIMITATIONS OF LIABILITY AND RELEASE: BY SUBMITTING AN ENTRY, YOU AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE RELEASED AND HELD HARMLESS BY YOU AND YOUR HEIRS, EXECUTORS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS FOR ANY CLAIMS, LIABILITIES, OR CAUSES OF ACTION OF ANY KIND OR NATURE FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES TO PERSONS, INCLUDING, WITHOUT LIMITATION, DISABILITY OR DEATH, AND DAMAGE TO PROPERTY, DUE IN WHOLE OR IN PART, ARISING DIRECTLY OR INDIRECTLY, NOW OR IN THE FUTURE FROM THE DELIVERY, ACCEPTANCE, USE OR MISUSE OF THE PRIZE, ANY AND ALL USE AS PROVIDED HEREIN OF YOUR ENTRY, OR PARTICIPATION IN THIS CONTEST AND/OR ANY RELATED CONTEST. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE AND ANY CONTEST SITE IS 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, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SUCH LIMITATION OR EXCLUSION SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAW IN THE RELEVANT JURISDICTION.
- Choice of Law: These Rules shall be governed by and construed in accordance with the laws of the Province of British Columbia, and the laws of Canada, as applicable herein, without reference to its conflicts of laws principles. Any and all disputes, claims, and causes of action with the Contest Facilitators arising out of or connected with this Contest, other than the determination or validity of claims, shall be resolved individually, and exclusively by arbitration under the British Columbia International Commercial Arbitration Centre, in accordance with its rules, as amended from time to time. Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Contest, but in no event attorneys’ fees. You hereby waive all rights to: (i) claim or be awarded any punitive, direct, indirect, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses; and (ii) to have damages multiplied or otherwise increased.