OFFICIAL RULES OF #BESTNYTSHIRT CONTEST
PLEASE READ CAREFULLY!
In the midst of the hardships New York is experiencing, we’re creating an opportunity to feel good by doing good. Uplifting the spirit of our beloved city and supporting those in need, filmmaker and New York cultural savant Nicholas Heller of @newyorknico and borough-bred fashion boutique @alumniofny are co-hosting a competition on Instagram to determine the best t-shirt design to define New York City in 2020 (the “Contest”).
Inspired by Milton Glaser’s “I ♥ NY” logo that shaped the city’s cultural DNA and what it means to love New York in 2020, we’re challenging you (each, a “Contestant”) to spark New York pride with your design. We will print t-shirts with the winning designs and sell them, giving all profits (after labor/production expenses) from the t-shirt sales to an esteemed non-profit organization.
CONTEST SPONSORS: Nicolas Heller and Alumni of NY, Inc.
The “Official Rules” of this Contest are as follows:
- NO PURCHASE NECESSARY TO WIN OR ENTER THE CONTEST. VOID WHERE PROHIBITED BY LAW (INCLUDING WITHOUT LIMITATION IN AUSTRIA, CHINA, BRAZIL, CANADA (QUEBEC ONLY), CZECH REPUBLIC, FRANCE, GERMANY, GREECE, HONG KONG, ITALY, JAPAN, PORTUGAL, RUSSIA, SOUTH KOREA, SPAIN, AND TAIWAN. EMPLOYEES OF ALUMNI OF NY, INC., ITS AFFILIATES, SUBSIDIARIES, ADVERTISING AND PROMOTION AGENCIES (COLLECTIVELY, THE “EMPLOYEES”), AND IMMEDIATE FAMILY MEMBERS AND/OR THOSE LIVING IN THE SAME HOUSEHOLD OF EMPLOYEES ARE NOT ELIGIBLE TO PARTICIPATE IN THE CONTEST. THE CONTEST IS SUBJECT TO ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS. ENTRY IN THIS CONTEST CONSTITUTES CONTESTANT’S ACCEPTANCE OF THESE OFFICIAL RULES.
- Any Contestant under the age of 18 must receive parental consent, in writing, before participating in the Contest.
- WHAT IS ELIGIBLE: To be considered eligible and valid submissions to the Contest, the Contestant’s artworks and/or designs (the “Works”):
- Must encapsulate New York pride.
- Must be new and original. Please do not repurpose vintage designs.
- Must be suitable for presentation in a public forum.
- Must not infringe, misappropriate, or violate any rights of any third-party including, without limitation, copyright, trademark, trade secret, moral rights, or rights of privacy or publicity.
- Must not be derogatory, offensive, threatening, defamatory, disparaging, libellous or contain any information or content that is false, fraudulent, deceptive, misleading, derogatory, inappropriate, indecent, sexual, profane, tortuous, slanderous, discriminatory in any way, or that promotes hatred or harm against any group or person, or otherwise does not comply with the theme and spirit of the Contest.
- Must not contain content, material or any element that is unlawful, harmful, or otherwise in violation of or contrary to all applicable federal, state, or local laws and regulation including the laws or regulations in any state where the Works are created.
Failure to comply with the above shall result in disqualification.
- HOW TO ENTER: To enter the Contest, Contestant must post the Works on his/her/their own Instagram account and include the following handles and hashtag in the post’s caption: @newyorknico, @alumniofny, #BestNYshirt. All other forms of entries and submissions by the Contestant (each, a “Submission”) shall be deemed invalid. Submissions may NOT be sent by e-mail or Instagram’s “Direct Message”. Once the Contest Sponsors receive an eligible Submission, it may contact the Contestant for verification purposes of any element of any Submission and the authorization for its participation in the Contest. Without limiting any other provision of these Official Rules, Contest Sponsors will have no liability or responsibility for its inability to contact a Contestant due to the Contestant’s failure to provide, or having provided inaccurate, contact information for the Contestant in the Submission. Contest Sponsors may reject any Submission for which they cannot properly verify the above information.
- START AND END DATE: The Contest shall start on April 22, 2010, at 12:00AM EST and shall end at 10:00AM EST on April 29, 2020. Winners shall be announced on May 1, 2020, at 7:30PM ET through Heller’s Instagram account.
- SELECTION OF WINNERS: A total of three (3) winners shall be selected: (i) one (1) winner will be selected by a judging panel selected and organized by the Contest Sponsors and (ii) two (2) winners will be selected by the general public, who will be casting their votes on Heller’s Instagram account (the “Consumer Bracket Selection”). The procedure for the Consumer Bracket Selection is described in the below subsections (a) through (d).
- Consumer Bracket Selection: Sixteen potential winners (each, a “Potential Winner”) will be selected from all eligible Submissions beginning on May 1, 2020. The Potential Winners will be selected by the Contest Sponsors using the Judging Criteria described in Section 7. In placing the first-round match-ups and determining which Potential Winners are to be paired with each other in the bracket, the Contest Sponsors shall use an online tool by Challonge (owned and operated by Logitech Europe S.A.) to randomize the bracket matchups.
- Consumer Bracket Winner Determination: According to the schedule described below, consumers will be able to access the Bracket, populated with the first-round match-ups, on Heller’s Instagram Stories as a voting poll (each a “Poll”) and participate in the consumer bracket voting rounds (the “Consumer Bracket Voting Rounds”). During each Consumer Bracket Voting Round, consumers will identify the match-up winner(s) for each bracket by applying the Judging Criteria in Section 7. At the conclusion of each Consumer Bracket Voting Round, the Potential Winner that receives the most votes for their match-up will advance to the next round on the bracket (a “Match-Up Winner”). In the event of a tie, the Contest Sponsors will, applying the Judging Criteria, break the tie by selecting the Match-Up Winner.
- Contest Bracket Voting Rounds Schedule: The following Consumer Bracket Voting Rounds schedule applies:
- Round 1 (16 Potential Winners): Voting opens May 1, 7:30pm and closes on May 2, 10:30am Results shall be officially announced on May 2, 10:30am.
- Round 2 (8 potential winners): Voting opens May 2, 11:00am, and closes on May 2, 6:30pm. Results shall be officially announced on May 2, 6:30pm.
- Round 3 (4 potential winners): Voting opens May 2, 7:00pm and closes on May 3rd, 10:30am. Results shall be officially announced on May 3rd, 10:30am.
Announce 2 Winners: May 3rd, 10:30am.
Judges Vote for their 3rd favorite: May 3rd, 6pm.
- Consumers must submit their vote identifying Match-Up Winners for each particular Consumer Bracket Voting Round within that Consumer Bracket Voting Round’s timeframe. Consumer Bracket votes will not be accepted for submission once a Consumer Bracket Voting Round has closed. Consumer Bracket submissions generated by script, macro, other automated means, or by any means which subvert the Contest and its processes are prohibited. When cheating is suspected, the Contest Sponsors will pause the contest and open up an investigation. If the Contest Sponsors determine that improper votes have been cast, the corresponding votes will be eliminated from the total number of votes for that entry within that voting round. If it is determined by the Contest Sponsors that the Contestant had a role in the casting of improper votes, the Contestant will be disqualified. The Potential Winner that progresses to the final round and has the largest total of final Consumer Bracket Voting Round votes identifying it as the overall bracket winner will be eligible to become the official “Consumer Bracket Winner”, subject to the execution and return of an Winner’s Declaration and Release agreement and notification by Contest Sponsor. In the event of a tie, the Contest Sponsors will, applying the Judging Criteria in Section 7, break the tie by selecting a Consumer Bracket Winner.
- JUDGING CRITERIA: For each eligible Submission, judges will evaluate the overall quality of the Work based on the following criteria.: (1) Originality, (2) Creativity, and (3) Wearability of Design on Garment (together, the “Judging Criteria”). Scoring shall be based on a 10 (ten) point scale and each judge will assign a score for each Judging Criterion (in which 1 is the lowest score and 10, the highest). The highest score a Submission may receive is thirty (30) points. Decisions of the judges are final and binding.
- CANCELING CONTEST: Contestants agree that the Contest Sponsors are not liable for any incorrect or inaccurate transcription of entry information or for any error or malfunction of any kind in connection with the Contest, including without limitation any issue relating to the random bracket generator by Challonge. If the Contest is not capable of running as planned for any reason, including tampering, unauthorized intervention, fraud, technical failures, or any other cause, the Contest Sponsors reserve the right, at its sole discretion, to, without advance notice, terminate or suspend the Contest, in whole or in part, or modify it in any way, without any further obligations to eligible Contestants. Furthermore, if the Contest Sponsors determine, at its sole discretion, that any Submission compromises the integrity of the Contest, the Contest Sponsors reserve the right to disqualify the entry at issue or terminate the Contest in its entirety without any further obligations to the Contestants.
- OWNERSHIP OF THE WORKS: All rights in the Works shall remain the property of the Contestant, except for the limited right of Contest Sponsors to use the Works as set forth in Section 9 and to publish, display, reproduce, modify any Work on Instagram during and after the Contest as related to the Contest.
- WINNING DESIGNS ON T-SHIRTS: The winning Works shall be produced by the Contest Sponsors on a white t-shirt (100% combed ring-spun cotton, crew neck, midweight, and retail fit) and made available for purchase on Alumni of NY’s e-commerce store at www.alumniofny.com. The t-shirts shall be screen-printed on the FRONT side only, with no more than two (2) colors, and the maximum dimensions for the screen shall be 14” x 17”. Contest Sponsors reserve the sole right to change the specifications and criteria of the printing and manufacturing of the t-shirts. All winners acknowledge and agree that the winning designs may need to be altered at the discretion of the Contest Sponsors before the designs are produced as t-shirts.
- CHARITABLE DONATION OF T-SHIRT PROFITS: All profits from the sale of the t-shirts shall be donated to a 501(c)(3) charitable organization to be selected by Contest Sponsors at their sole discretion.
- MISCELLANEOUS: Any federal, state and local taxes are the sole responsibility of the winner(s). Contest sponsors are not responsible for any technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Contest, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Contest.
- LIST OF WINNERS. To obtain a list of winners/the name of the winner, send a self-addressed, stamped envelope by May 30, 2020 to: Alumni of NY, Inc., 298 Utica Avenue, Brooklyn, NY 11213.
- RESOLVING DISPUTES AND CHOICE OF LAW: If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute with the help of a mutually agreed-upon mediator in New York. Any costs and fees other than attorney fees associated with the mediation shall be shared equally by the parties. If the dispute is not resolved within thirty days after it is referred to the mediator, either party may take the matter to court. The laws of the State of New York shall control this agreement, without regard for its choice of law jurisprudence. The parties agree to be subject to the jurisdiction of the state and federal courts of New York with respect to any actions relating to or arising under this Agreement.