PEOPLE’S CHOICE & BUSINESS CHOICE AWARDS CONTEST RULES

 

CONTEST RULES:

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.  VOID WHERE PROHIBITED.  The Contest is sponsored by the Old City District (“Sponsor”).

1. Eligibility: The Contest is open to all businesses in Old City Philadelphia participating in the 2018 Old City Holiday Window Decorating Contest (the “Decorating Contest”). 

 

2. Contest: There is nothing a participating business (“Business”) must do to enter this Contest, other than to participate in the Decorating Contest. Each Business is automatically entered into this Contest unless you opt out by submitting a notice of withdrawal to the Sponsor on or before Monday, December 17, 2018 at 10:00am.

By not opting out and remaining eligible to win, each Business accepts and agrees to these Contest Rules, including all eligibility requirements, and decisions of the Sponsor. 

 

3. Agreement to Rules: By participating in this Contest, each Business agrees to be fully and unconditionally bound by these Contest Rules (as they may be amended by Sponsor at any time without notice). In addition, each Business agrees to accept the decisions of Sponsor as final and binding as it relates to all aspects of this Contest.

 

4. Contest Period: Entries will be accepted starting on Thursday, November 29, 2018, 5:00pm EST and ending Monday, December 17, 2018, 10:00am EST. All entries must be received by Sponsor no later than Monday, December 17, 2018, at 10:00am EST.

 

5. Prizes: There are two (2) prizes associated with this Contest: (1) The People’s Choice Award; and (2) The Businesses’ Choice Award.  Each award is comprised of a full-page advertisement in the 2020 Old City District brochure.

 

Estimated value of Prize: $1,500.00.  Actual value may differ at time of prize award.

The specifics of each part of the prize shall be solely determined by Sponsor.  No cash or other prize substitution shall be permitted except at Sponsor’s sole discretion.   Each prize is nontransferable, and may not be sold or bartered in any manner. Sponsor shall not be responsible for the failure, refusal, or inability of a prize winner to meet Sponsor’s rules and guidelines for the prize.

 

Any and all prize-related expenses not specifically listed as part of a prize in these Rules, and which are incurred by a prize winner in claiming or using his/her prize, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of the prize winner.

 

6. Odds: The odds of winning depend on the number of eligible entries received.  There will be one (1) winner of the People’s Choice Award prize, and one (1) winner of the Businesses’ Choice Award.

 

7. Winner Selection and Notification: The prize winner for the People’s Choice Award will be selected by Sponsor based upon the postcard entries received from persons participating in the Sponsor’s Old City Holiday Window Decorating Contest. The Contestant receiving the most votes for “best decorated window” in the Old City Holiday Window Decorating Contest will receive the People’s Choice Award prize.

Sponsor will ask Businesses participating in the Old City Holiday Window Decorating Contest to vote on the best holiday window.  The Business receiving the most votes from these businesses will receive the Businesses’ Choice Award prize.

 

The same business cannot win both the People’s Choice Award and the Businesses’ Choice Award.  If the winner of both contests would be the same business based upon the criteria in the preceding paragraph, Sponsor shall select the business with the second largest number of votes from participating businesses to receive the Businesses’ Choice Award.

Should there be a tie vote between two or more businesses in the vote for the People’s Choice Award or the Businesses’ Choice Award, the winner of the applicable contest will be selected at random by Sponsor, using a selection method chosen by Sponsor in its discretion.

 

The winners will be notified by phone or email (whichever is provided by contestant) within five (5) days following their selection. Sponsor shall have no liability for a winner’s failure to receive notices for any reason, including due to spam, junk e-mail or other security settings, or for a winner’s provision of incorrect or otherwise non-functioning contact information. If a winner cannot be contacted, is ineligible, fails to respond within 30 days from the time award notification was sent, or fails to timely return any documents required by Sponsor, the prize may be forfeited and an alternate winner selected (in Sponsor’s discretion). Receipt by a winner of the prize offered is conditioned upon compliance with any and all federal, state, and local laws and regulations.  ANY VIOLATION OF THESE CONTEST RULES WILL RESULT IN THE WINNER’S DISQUALIFICATION, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.  Sponsor will be the sole determiner of any violations, in its sole discretion.

 

8. Rights Granted by You: By entering this Contest, each Business (“You”) understands and agrees that Sponsor, anyone acting on behalf of Sponsor, and Sponsor’s affiliates, licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your business name, picture of your holiday window, other image, social media accounts, statements about the Contest, and background information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent. If any aspect of your entry, including your window decoration design, is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You will be disqualified at the sole discretion of Sponsor. In addition, You shall, at your sole expense, defend or settle against such claims of infringement, whether against You, Sponsor, or both.

 

9. Other Terms & Conditions:  The application and interpretation of the Contest Rules, the award of prizes, and selection of the Contest Winner shall be determined by the representatives of Sponsor and may be changed or modified by such representatives at any time for any reason, and all decisions in that regard shall be in the sole discretion of such representatives and shall be final and conclusive. Entrants agree that in the event of any challenge to the award of any prize, Sponsor shall have the sole right to determine whether or not to award such prize.

Sponsor reserves the right, in its sole discretion, to disqualify any entrant for suspected or actual cheating and to prevent any person from participating in this Contest or receiving a prize award if that person does not adhere to Contest Rules or acts (a) in a manner that Sponsor determines to be not fair; (b) with an intent to annoy, threaten or harass any other person or the Sponsor; or (c) in any other disruptive manner.

The Contest is conducted in the English language.  Sponsor shall not be responsible for any printing, typographical, administrative, or technological errors in the offer, presentation or administration of the Contest, including, but not limited to, errors in any printing or posting of these Contest Rules, the selection or announcement of any winner, or the distribution of any prize.  Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor is also not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers or providers, computer equipment, software, failure of any e-mail or entry on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to Business’ or any other person's computer relating to or resulting from participation in this Contest or downloading or uploading any materials in connection with this Contest.

Sponsor is not responsible for the entry mailbox at the Betsy Ross House being unavailable or inaccessible for any reason whatsoever, including but not limited to the premises being closed to the public.  The entry submission deadline shall not be extended for any reason related to closure of the Betsy Ross House.

Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest should virus, bug, non-authorized human intervention, fraud, technical failure, or other cause beyond Sponsor’s control corrupt or affect the administration, security, fairness, or proper conduct of the Contest. In such case, Sponsor may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. 

Sponsor reserves the right, in its sole discretion, to disqualify any business associated with a person who tampers or attempts to tamper with the entry process or the operation of the Contest or violates these Contest Rules. Sponsor has the right, in its sole discretion, to maintain the integrity of the Contest, to void entries for any reason, including, but not limited to: multiple entries from the same person in excess of that allowed by Contest Rules; or the use of other technical means for entering. Any attempt by an entrant to undermine the legitimate operation of the Contest may be a violation of criminal and civil laws. Should such attempt be made, Sponsor reserves the right to seek damages to the fullest extent permitted by law.

 

10. Limitation of Liability: By entering, You assume all risk, responsibility, and liability for any personal or bodily injury, or death, or any damage or loss of property, including but not limited to any bodily injury or death to another person, arising directly or indirectly from participation in the Contest.   You further agree to indemnify, defend, release and hold harmless Sponsor and the prize sponsors, and each of their subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from Your participation in the Contest and/or Your acceptance, possession, use, or misuse of any prize or any portion thereof.  Sponsor and its affiliates do not make any warranties, express or implied, including but not limited to warranties as to the condition, fitness or merchantability of any prize. 

 

11. Disputes: This Contest is governed by the laws of the United States and the Commonwealth of Pennsylvania, without regard to conflict of laws principles. As a condition of participating in this Contest, You agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively before the federal or state courts located in Philadelphia, Pennsylvania. Further, in any such dispute, under no circumstances shall You be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, indirect, special, or consequential damages, including reasonable attorney’s fees, other than Your actual out-of-pocket expenses (i.e. costs associated with entering this Contest). You further waive all rights to have damages multiplied or increased.

 

12. Privacy Policy: Any personal information collected by Sponsor will be used for administration of the Contest.  As a condition of entering this Contest, You acknowledge and agree that You may receive marketing and commercial advertising email correspondence from, or on behalf of, Sponsor or its commercial sponsors.  Sponsor uses reasonable commercial efforts to comply with Federal CAN-SPAM guidelines, and entrants may subsequently opt-out of receiving further emails.  Any questions regarding privacy matters should be directed to the Sponsor.

 

13. Announcement of Prize Winners: The winners will be announced on the Sponsor’s social media accounts and Sponsor’s website.  The winners’ names and/or images of their window displays will be posted on the Sponsor website and Sponsor’s social media accounts. 

 

14. Inquiries: All inquiries concerning the Contest should be addressed to the Sponsor, Old City District, at 231 Market Street, Philadelphia, PA 19106.

The identities of the Contest Winners may be obtained by sending a request to the Sponsor’s address above within 30 days of the end of the Contest and by including a self-addressed postage paid envelope.

 

15.  Amendment of Rules: Sponsor reserves the right to amend these Contest Rules at any time.

 

16. The Contest hosted by Sponsor is in no way sponsored, endorsed, administered by, or associated with the Betsy Ross House, the City of Philadelphia, or Historic Philadelphia, Inc.  To the extent that all or any portion of the Contest is entered or conducted through or by Betsy Ross House and Historic Philadelphia, Inc., the Contest is subject and subordinate to all rules and regulations applicable to Betsy Ross House and Historic Philadelphia, Inc.