Diner en Blanc
Contest in partnership with Luxury Retreats
Official Rules- New York City Version
August 30, 2018
DINER EN BLANC CONTEST
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN CONTEST. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING THE CONTEST.
SPONSOR: Diner en Blanc International, Inc., 5333 Casgrain Suite #1206, Montreal, Quebec, CANADA H2T 1X3.
ELIGIBILITY: CONTEST ENTRANTS MUST BE LEGAL RESIDENTS OF ONE (1) OF THE FIFTY (50) UNITED STATES OR THE DISTRICT OF COLUMBIA AND AT LEAST 21 YEARS OLD AT TIME OF ENTRY TO BE ELIGIBLE (“Entrant”). CONTEST VOID OUTSIDE THE UNITED STATES, AND WHERE OTHERWISE PROHIBITED BY LAW. You may enter this Contest only as a natural person. Employees of Sponsor, Luxury Retreats International ULC (“Prize Provider”) and each of their respective affiliates, agents, officers, employees, parents, subsidiaries, vendors, advertising and promotion fulfillment and/or judging agencies (collectively, the “Related Entities”), and the immediate family members of each are not eligible to enter or win a prize in the Contest. For purposes of this paragraph, “family member” means a spouse, parent, sibling, child, son-in-law, daughter-in-law and all lineal descendants, including those by adoption. Contest subject to all applicable federal, state, and local laws and regulations.
HOW TO ENTER: The Contest begins at 6:00 PM Eastern Daylight Time ("EDT") on September 17, 2018 and ends at 11:59:59 PM EDT on October 17, 2018 (hereinafter, "Contest Entry Period"). To enter, complete the Official Online Entry Form as directed by submitting your complete name, mailing address and a valid email address and upload a photograph of yourself and friends or family around your own table featuring its design and décor at the 2018 Diner En Blanc Event taking place in New York City, NY on September 17, 2018. Residents of Maryland, New Jersey, North Dakota and Vermont may upload a photograph of himself/herself and friends or family wearing white apparel around any table featuring its design and décor in lieu of a featured table at the Diner En Blanc Event taking place in New York City, NY. You may enter up to five (5) Entries, however each photograph you submit must be different. The computer of the Contest application is the official time-keeping device of this Contest. Sponsor has no obligation to use any eligible Photograph submitted. Uploaded Photographs are the views/opinions of the Entrants and do not reflect the views of Sponsor in any manner. Children and any individual appearing to be under the age of twenty-one (21) years may not be included in any photograph. By uploading a Photograph that features other individuals, you guarantee that you have permission from those featured individuals to post the photograph in connection with this Contest. By participating in the Contest, each Entrant grants permission to Sponsor or any Related Entity to use the Photograph in Sponsor's commercial material as well as at Sponsor's website or any social media platforms whether or not your Entry is selected as the Grand Prize Winning Entry. Sponsor has no obligation to use or post any Entry you submit. The use of an Entry by Sponsor or any Related Entity does not have any effect on the winner selection process.
Entries may not contain, as determined by Sponsor's 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; obscene or offensive;
- Promotes the over-consumption of alcohol; or promotes illegal drugs, tobacco, firearms/weapons, or any particular political agenda or message;
- Defames, misrepresents or contains disparaging remarks about other people or companies;
- Promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age;
- Contains any personal identification, such as license plate numbers, personal names (other than just first name), email or street addresses;
- Contain material that violates or infringes another's rights, including, but not limited to, privacy, publicity, or intellectual property rights, including copyright infringement, or legal or moral rights of any third party, living or deceased (e.g., names, logos, symbols, slogans from other people, or parodies of other people;
- Is inappropriate, indecent, lewd, pornographic, obscene, defamatory, slanderous, libelous, disparaging, immoral, profane, or not in keeping with Sponsor's image;
- Includes any logos, brand names or trademarks other than Sponsor's, which Sponsor has granted Entrants a limited license to use for purposes of this Contest; and/or
- Communicates messages inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate.
INTELLECTUAL PROPERTY RIGHTS/WARRANTY: By participating in the Contest, each Entrant grants Sponsor and the Related Entities a perpetual, worldwide, irrevocable, exclusive, assignable, transferable, unqualified, unrestricted, royalty-free license and the right to edit, modify, publish, use, reuse, distribute, publicly display, copy and otherwise exploit the Entry or any part thereof (with or without the Entrant's name and city/state), and any materials based thereon or derived from, in any manner and in any media (whether now known or later developed), for any lawful purposes whatsoever (noncommercial or commercial), including, without limitation, for use in the commercial packaging and point-of-sale materials, or for promotion, marketing or advertising of Sponsor, or any Related Entity, each of their respective brands and/or products in any medium (whether now or hereafter known) throughout the world in perpetuity without further permission, notification, consideration, or payment to the Entrant, except where prohibited by law. In addition, each Entrant forever waives in favor of Sponsor all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that may preclude the use of the Entry (or any part thereof) as granted herein or require Entrant's permission to use the Entry (or any part thereof) for the purposes stated herein. By submitting an Entry, each Entrant warrants and represents that his/her Entry is original and was created solely by him/her, that the Entry does not incorporate any material owned by any third party, and that use of the Entry as described herein will not violate any law or infringe upon the rights of any third party. If, in the sole discretion of Sponsor, the Entry violates any law or infringes upon the rights of any third party, is inaccurate, incomplete or irregular in any way, or otherwise does not comply with these Official Rules or is deemed inappropriate, the Sponsor may disqualify the Entry. To the maximum extent permitted by law, Entrant indemnifies and agrees to keep indemnified the Related Entities at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Entrant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, Entrant agrees to defend, indemnify and hold harmless the Related Entities from and against any and all claims, actions suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising out of or accruing from: (i) any Entry provided by Entrant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (ii) any misrepresentation made by Entrant in connection with the Contest; (iii) acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in the Contest; (iv) any non-compliance by Entrant with these Official Rules; (v) claims brought by persons or entities other than the parties to these Official Rules arising from or related to Entrant's involvement with the Contest; (vi) any malfunction or other problem with the Contest site in relation to the Entry and participation in the Contest by Entrant; or (vii) any typographical or other error in the printing, offering or announcement of any prize or winners in relation to the Entry and participation in the Contest by Entrant.
DIGITAL MILLENNIUM COPYRIGHT ACT: Once an Entry is submitted for the Contest, such Entry will be deemed made at the direction of the Entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. EACH ENTRANT REPRESENTS, UNDERSTANDS AND ACKNOWLEDGES THAT HE/SHE WILL NOT BE PAID FOR OR RECEIVE ANY FORM OF COMPENSATION OR ROYALTY (OTHER THAN THE PRIZE STATED HEREIN IF SELECTED AS A PRIZE WINNER) IN EXCHANGE FOR GRANTING SPONSOR OR THE RELATED ENTITIES THE RIGHTS SET FORTH HEREUNDER OR FOR ANY SUBSEQUENT USE OF SUCH SUBMISSION BY SPONSOR OR THE RELATED ENTITIES. If requested, Entrant will sign any documentation that may be required for Sponsor or its designees to make use of the Entry as set forth herein.
JUDGING CRITERIA/GRAND PRIZE WINNER SELECTION: One (1) potential Grand Prize Winner will be selected from among all eligible Entries received based on the following criteria: (i) Originality and Creativity of the Photograph (0-45 points); (ii) Interest and Appeal to the Diner En Blanc Theme (0-45 points); and (iii) Clarity of the Photograph (0-10 points) (i, ii and iii, collectively, “Judging Criteria”). All Entries will be judged by a panel of judges to be designated by Sponsor whose decisions are final and binding on all matters relating to this Contest. In the event of a tie, the tied entrants will be re-judged by an additional judge who will serve as a tie-breaker using the same Judging Criteria as outlined above. In the event the same Photograph is submitted by more than one (1) entrant, only the first Entry received will qualify. In the event there are not enough qualified entries received in Sponsor's sole discretion, Sponsor reserves the right not to select a Grand Prize Winner.
The potential Grand Prize Winner is subject to verification. Potential Grand Prize Winner will also be notified by email and/or telephone at the email addresses provided at the time of Entry, and will be required to complete and return an Affidavit of Eligibility/Prize Acceptance, Liability Release(s) (in the forms required by Sponsor and/or Prize Provider) and, where legally permissible, Publicity Release(s) (in the forms required by Sponsor and/or Prize Provider and its affiliates) (collectively, “Release”), to be provided by Administrator by email and/or Overnight Mail, within five (5) business days from attempted date of notification (as indicated by the date of the Release). Non-compliance with any of these Official Rules may result in disqualification, and if the Entrant is disqualified, the prize winner notification is returned as undeliverable, the signed and notarized Release is not received by Sponsor in a timely manner, the prize winner is ineligible, or the prize winner declines his/her prize, the prize winner will be disqualified and the prize will be awarded to the next highest scoring Entry. Neither Sponsor nor Prize Provider nor their affiliates are responsible for fraudulent calls or emails made to Entrants not by Sponsor, or for any change of Entrant's email, telephone or mailing address.
INTERNET: If for any reason this Contest is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor, which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, the Sponsor reserves the right in its sole discretion, to disqualify any individual who tampers with the Entry process, and to cancel, terminate, modify or suspend the Contest. If the Contest is terminated early, Sponsor reserves the right to select the Grand Prize Winner in accordance with the Judging Criteria stated herein from among all eligible Entries received up to the time of termination. The 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. The Sponsor is not responsible for any problems or technical malfunctions of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or Entry to be received by the Sponsor due to technical problems, human error or traffic congestion on the Internet or at any web site, or any combination thereof, including any injury or damage to participant's or any other person's computer relating to or resulting from participating in this Contest or downloading any materials in this Contest. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity or eligibility of any Entry based on an email address, the Entry will be declared made by the Authorized Account Holder of the email address submitted at time of Entry. “Authorized Account Holder” of the email address is defined as the natural person who is assigned to an email address by an Internet access provider, online or wireless service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
GENERAL: Sponsor is the sole sponsor of the Contest. The Sponsor reserves the right, in its sole discretion, at any time and at any stage of the Contest, to reject or disqualify any Entry that is deemed ineligible or for any reason that the Sponsor feels is necessary and/or appropriate, including without limitation, if that Entrant has not complied with the Official Rules or has interfered, in Sponsor's sole opinion, with the proper conduct of the Contest. All decisions of the Sponsor are final and binding in all aspects of the Contest. By accepting the Grand Prize, Grand Prize Winner grants to Sponsor and Prize Provider the permission and authorization to use the Grand Prize Winner's Entry, name, photograph, likeness, voice and biographical information, in perpetuity, throughout the world, in all media and formats whether now or later known or developed, for commercial purposes (including, without limitation, advertising and promotion), without further compensation, unless prohibited by law. Guests of the Grand Prize Winner who share the Grand Prize may be required to agree to the same or similar terms as set forth herein, or they may not be permitted to share the Grand Prize. By participating, each Entrant agrees on his/her behalf, and on behalf of his/her respective heirs, executors, administrators, legal representatives, successors and assigns (collectively, the "Releasing Parties") to release, indemnify, defend, and hold harmless Sponsor, Prize Provider, the Related Entities, and any advertising and promotional agencies or entities involved in the administration or advertising of this Contest as well as the respective employees, officers, directors and agents of each ("Released Parties") from any and all actions, causes of actions, suits, or liability whatsoever for loss, harm, damage, injury, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive or exemplary damages, judgments, costs or expense whatsoever (including without limitation, property damage, personal injury and/or death) which may occur in connection with (i) participation in the Contest, (ii) Entrant's conduct in submitting his/her Entry, (iii) violation of these Official Rules, (iv) possession, acceptance, use or misuse of a prize or (v) Released Parties' use of any rights granted herein, and for any claims based on publicity rights, defamation or invasion of privacy or alleged breach of Entrant's representations and warranties herein. The Released Parties shall not be liable for: (1) late, lost, delayed, stolen, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible Entries, (2) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (3) data corruption, theft, destruction, unauthorized access to or alteration of an Entry or other materials; (4) any injuries, losses or damages of any kind caused by the participation in the Contest; (5) any printing, typographical, administrative or technological errors in any materials associated with the Contest; (6) any unauthorized use of Entries by third parties; or (7) and/or fulfillment and/or use of the Grand Prize. The Sponsor disclaims any liability for damage to any computer system resulting from participating in or accessing or downloading information in connection with the Contest. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Contest should a virus, bug, computer problem, unauthorized intervention or other causes which corrupt or impair the administration, security, fairness or proper play of the Contest. The Sponsor may disqualify any entrant if, in its sole discretion, it determines s/he is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other Entrants or the Sponsor or its representatives. Neither the Sponsor nor the Prize Provider nor their affiliates shall be responsible if the Contest or prize fulfillment cannot be implemented or does not take place for any reason including delays or interruptions due to acts of God, acts of war, strikes, governmental action, natural disasters, weather or acts of terrorism, including without limitation, or for any reason outside of the Sponsor's control.
WINNERS LIST/OFFICIAL RULES: To obtain the name of the Grand Prize Winner (available after January 31, 2019), or a copy of the Official Rules, send a self-addressed, stamped #10 envelope before January 31, 2019 to: Diner En Blanc Contest-New York City, c/o Centra360, 1400 Old Country Road, Suite 417, Westbury, NY 11590. VT residents may omit return postage. Please specify “Winners List” or “Official Rules” on the outer envelope.
ADMINISTRATOR: Centra360, 1400 Old Country Road, Suite 417, Westbury, NY 11590
Copyright © 2018, Diner En Blanc, Montreal, Quebec, CANADA. All Rights Reserved.