Old City Window Decorating Contest Rules for Businesses
HOLIDAY WINDOW DECORATING CONTEST RULES FOR BUSINESSES
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 Old City Holiday Window Decorating Contest (the “Contest”) is open to all businesses in Old City Philadelphia within Sponsor’s district boundaries, with a holiday window display.
2. Contest: There is nothing a participating business (“Business”) must do to enter this Contest, other than to participate in the Contest by creating and installing a holiday window display. The display must be installed no later than November 20, 2023. All window displays must be “family friendly” and fully installed. Each Business is automatically entered into this Contest unless you opt out by submitting a notice of withdrawal to the Sponsor on or before Sunday, December 10, 2023 at 5:00pm.
By not opting out and remaining eligible to win, each Business is deemed to have accepted and agreed 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 from the public will be accepted starting on Saturday, November 25, 2023, 9:00am EST and ending Monday, January 1, 2024, 11:59pm EST.
5. Prizes: There is (1) prize associated with this Contest (the “Prize”): The 2023 Old City Holiday Window Decorating Contest Award. This Prize consists of a commemorative plaque provided by Sponsor honoring the winning Business (the “Prize Winner”). In addition, Sponsor will purchase a $250.00 gift card from the Prize Winner, to provide to the person selected as the winner from members of the public participating in the Contest.
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 participating Businesses. There will be one (1) Business Prize Winner of 2023 Old City Holiday Window Decorating Contest Award.
7. Winner Selection and Notification: The Prize Winner will be selected by Sponsor based upon the number of votes participating in the Sponsor’s Old City Holiday Window Decorating Contest. The Business receiving the most votes for “best decorated window” in the Old City Holiday Window Decorating Contest will be declared the Prize Winner.
Should there be a tie vote between two or more Businesses, the Prize Winner will be selected at random by Sponsor, using a selection method chosen by Sponsor in its discretion.
The Prize Winner will be notified by phone or email (whichever is provided by the business or otherwise known to Sponsor) within five (5) days following their selection. Sponsor shall have no liability for a Prize Winner’s failure to receive notices for any reason, including due to spam, junk e-mail or other security settings, or for a Prize Winner’s provision of incorrect or otherwise non-functioning contact information. If a Prize 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 Prize 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 PRIZE WINNER’S DISQUALIFICATION, AND ALL PRIVILEGES AS PRIZE WINNER WILL BE IMMEDIATELY TERMINATED. Sponsor will be the sole determiner of any violations, in its sole discretion.
8. Rights Granted by You: By participating in 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, pictures of your holiday window, other images, 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 Prize 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 Prize Winner or award of any Prize, Sponsor shall have the sole right to determine the outcome of all challenges.
Sponsor reserves the right, in its sole discretion, to disqualify any Business for suspected or actual cheating and to prevent any person or Business from participating in this Contest or receiving a Prize if that person or Business does not adhere to Contest Rules or acts (a) in a manner that Sponsor determines to be not fair or appropriate; (b) with an intent to annoy, threaten or harass any other person or the Sponsor, or otherwise contrary to portraying the Old City community in a positive light; 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 Prize 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 (including but not limited to Google Forms, which will receive votes from Contest participants), or any combination thereof, including any injury or damage to a 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 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 Prize 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 a Business 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 participating in the Contest, each Business assumes 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 such Business’ participation in the Contest. Each Business further agrees 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 such Business’ participation in the Contest and/or its 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, each Business agrees 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 a Business be permitted to obtain awards for, and each such Business hereby waives, all rights to punitive, incidental, indirect, special, or consequential damages, including reasonable attorney’s fees. Each Business further waives 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 participating in this Contest, each Business acknowledges and agrees that such Business 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.
Sponsor conducts this Contest using Google Forms. Google’s privacy policy, and other legal terms and policies, may be found at this link: https://policies.google.com/privacy.
13. Announcement of Prize Winners: The Prize Winner will be announced on the Sponsor’s social media accounts and Sponsor’s website. The Prize Winner’s name and/or images of their window display 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 Prize Winner and the individual Contest Winner 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, without notice.