MADISON ASBURY RETAIL, LLC MYAPB CONTEST
THERE IS NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE OF ANY KIND WILL NOT IMPROVE YOUR CHANCES OF WINNING.
- HOW TO ENTER:The MADISON ASBURY RETAIL, LLC #MyAPB (the “Sweepstakes”) begins on September 3, 2018 at 12:00:01 a.m. Eastern Time and ends on October 31, 2018 at 11:59:59 p.m. Eastern Time (the “Entry Period”). There are two methods of entry: 1) During the Entry Period, take a picture of your friends and/or family (the entrant can be included in the picture) on the Asbury Park Boardwalk and publicly post the photo on Instagram during the Entry Period with the hashtag #MyAPB. An Instagram account is free of charge and an active account is required to post a photo to Instagram. To obtain an Instagram account visit https://instagram.com. To become a follower of @TheAsburyParkBoardwalk on Instagram, visit https://instagram.com/TheAsburyParkBoardwalk. The picture you post on Instagram with the hashtag #MyAPB is referred to as an “Sweepstakes Entry Photo,” and when submitted in the Sweepstakes, such Sweepstakes Entry Photo as well as any other content or information submitted by an entrant is referred to as a “Submission” or “entry”). PLEASE NOTE: Your account and Sweepstakes Entry Photo must be set to “public” for The Sponsor to see it and to have it entered in the Sweepstakes. 2) Mail-in: To enter without posting a photo to Instagram, on a 3″ x 5″ piece of paper, hand-print your complete name, mailing address, daytime and evening telephone numbers (area code included), date-of-birth and name of Sweepstakes (“#MyAPB Sweepstakes”), and mail entry in a properly stamped #10 envelope to: #MyAPB Sweepstakes, 1300 Ocean Avenue, Suite M1, Asbury Park, NJ 07712]. Mail-in entries must be received by Saturdays during the term of the contest for the weekly Sweepstakes, to be eligible and become the property of Sponsor and will not be returned.
No one may submit an entry on behalf of another person. Limit one entry per person, regardless of means of entry. An individual participating in any aspect of this Sweepstakes is sometimes referred to in these Official Rules as an “entrant.” BY PARTICIPATING IN ANY ASPECT OF THIS SWEEPSTAKES, EACH ENTRANT AGREES TO ABIDE BY THESE RULES AND THE RULES, POLICIES AND PROCEDURES OF THE SERVICE(S) SUCH ENTRANT USES TO ENTER THE SWEEPSTAKES AND THE INSTAGRAM PLATFORM (each such service and the Instagram platform is referred to as a “Platform”). FAILURE TO ABIDE BY THESE OFFICIAL RULES AND THE RULES, POLICIES AND PROCEDURES OF THE PLATFORMS WILL VOID AN ENTRANT’S ENTRY IN THE SWEEPSTAKES.
- ELIGIBILITY REQUIREMENTS: The Sweepstakes is open to legal residents of the fifty (50) United States, who are of at least 18 years of age or older and of the age of majority in their jurisdiction of residence as of the date of their entry submission and eligible in accordance with these Official Rules. Void in all other jurisdictions. Employees, contractors, directors and officers of The Sponsor, its subsidiary and affiliated entities, advertising, and fulfillment agencies involved in the administration, development, fulfillment and execution of this Sweepstakes (collectively, “Sweepstakes Parties”), and the immediate family members and/or those living in the same household of any such persons or entities are not eligible. For these Official Rules, “immediate family” includes mother, step-mother, father, step-father, siblings, step-siblings, children, step-children, wards, grandparents, step-grandparents, domestic partners and spouses, including common law spouses, regardless of where they reside. The Sweepstakes is subject to all applicable federal, state, and local laws. Void where prohibited or where restricted by law in a manner inconsistent with these Official Rules.
An entrant’s entry into this sweepstakes is a representation that the entrant has complied with these official rules and that the entrant is of the age of majority in his or her jurisdiction of residence.
- RANDOM DRAWING TO DETERMINE WINNER: Entries will be entered into a random drawing to be conducted on or about midnight each Saturday during the term of the contest for the weekly Sweepstakes from which two entrants, who are subject to verification and compliance with the Official Rules, will be selected to receive the Weekly Prize in this Sweepstakes. The Sponsor’s designated computer will serve as the official time clock for this Sweepstakes.
- REQUIREMENTS FOR SUBMISSIONS. Submissions must comply with these Official Rules as well as all of the rules applicable to the Platform at which a Submission is made. All Submissions must be suitable for family audiences. Without limitation, this means that the Sweepstakes Entry Photo and anything accompanying the Sweepstakes Entry Photo (including, without limitation tags and captions) must not contain any material, words or images or other content that:
- is indecent, obscene, hateful, discriminatory, tortious, defamatory, slanderous or libelous;
- contains or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- contains or promotes profanity or any sexual content;
- promotes or features illegal drugs, tobacco, firearms or weapons of any kind;
- contains or promotes any third party product or service or otherwise contains commercial messages or endorsements regarding third party products or services;
- is unlawful, in violation of or contrary to the laws or regulations of the United States;
- has been copied or plagiarized. All Submissions must be the sole, original work of the designed entrant (provided, however, that if you have had someone else take the submitted Sweepstakes Entry Photo at your direction, then the photograph in the Submission can contain their contribution);
- is proprietary to a third party, contains any third party content, or otherwise defames, violates or infringes (or may infringe) any copyright, trademark, logo, mark or other identifier of source, or other proprietary right of any entity or person (whether living or deceased) (including but not limited to, rights of privacy or publicity or portrayal in a false light). Therefore, clothing shown in the Submission should not contain any visible logos, trademarks, copyrighted images or text (entrant may obscure or obliterate any such identifiable items).
- appears to result in any injury or bodily harm; and/or
- is lewd or inappropriate or offensive or not in keeping with The Sponsor’s image, including nudity, acts of violence or acts that appear to cause harm or are otherwise objectionable to The Sponsor.
Any Submission that, in The Sponsor’s sole, independent and absolute discretion, violates any of the above or other prohibitions and/or representations or warranties of entrant may be disqualified from the Sweepstakes or removed by The Sponsor. In the event that an entrant or Submission is edited, removed and/or disqualified, entrant is not relieved from responsibility for compliance with these Official Rules.
Entrants and winners acknowledge and agree that The Sponsor has the right to edit, adapt, modify, reproduce, promote and otherwise use, not use, or remove Submissions in any way it sees fit without any notification, or further consent, or any payment of any kind.
- RIGHTS IN SUBMISSIONS:By entering the Sweepstakes, you agree that (a) you have read or have had read to you these Official Rules and are in agreement with them, (b) you have received permission for the use of the likeness and image of all identifiable people appearing in your submitted Sweepstakes Entry Photo and to grant to The Sponsor the rights contemplated in the Official Rules. By submitting a Submission in connection with the Sweepstakes you represent and warrant to The Sponsor that (i) your Submission is your own original work, that you are the photographer of the submitted Sweepstakes Entry Photo and that you have the sole right to submit it to the Sweepstakes (or if you have had someone else take the submitted Sweepstakes Entry Photo at your direction, then you represent and warrant that you have secured all rights from the photographer to submit it in this Sweepstakes as your Submission and to grant the rights to The Sponsor contemplated in these Official Rules); (ii) your Submission does not violate in any way rights of third parties, including but not limited to copyright and other intellectual property, privacy or publicity rights; (iii) your Submission does not violate any applicable laws; (iv) you have obtained all necessary licenses or permissions from all applicable third parties required for the production and submission of the Submission in the Sweepstakes and use by The Sponsor as contemplated in these Official Rules; (v) the posting and/or display of your Submission or other use by The Sponsor or those deriving rights through The Sponsor will not violate the rights of any parties or otherwise breach any provision of any applicable law or regulation; (vi) The Sponsor has your irrevocable permission for the posting of any and all information included in your Submission in connection with any permitted use of your Submission; and (vii) use and posting of the Submission or any part of the Submission provided by you in any manner in connection with the Sweepstakes or as otherwise permitted by these Official Rules may be made without any notice, review, approval, consideration or compensation (except for any awarded prize as contemplated in these Official Rules), regardless of whether your Submission is a winning Submission. By submitting your Submission to The Sponsor in connection with the Sweepstakes you agree to and thereby waive any and all moral rights that exist in your Submission and any derivative works made therefrom. All entrants hereby grant to The Sponsor an everlasting, royalty-free, assignable, irrevocable, unrestricted license to use, utilize, replicate, alter, adapt, modify, publish, perform, broadcast, translate, produce derivative works from, distribute, present, display, sublicense and exercise all copyright and other intellectual property and other rights with respect to each Submission worldwide and/or to include, in part or in whole, each Submission in other works in any media now known or later created, anywhere and forever, including in connection with promoting and advertising of and by The Sponsor, without further review, notice, approval, consideration or compensation. Except where legally prohibited, by submitting your Submission you irrevocably agree that your name and city and state of residence may be used in connection with the permitted use of the rights contemplated by this paragraph. In The Sponsor’s sole discretion, anyone appearing in the Submission (or the parent/legal guardian of any minors) may be required to execute and return consent forms / releases confirming the representations, warranties and grants of rights contemplated in the Official Rules.
- NOTIFICATION OF SELECTED ENTRANT; DESIGNATION OF WINNER: Two weekly winners and one monthly winner will be confirmed following selection by a random drawing on or about the dates specified in Section 3 of these Official Rules and subject to compliance with the Official Rules. The Sponsor will attempt to notify the entrant who has been selected in the drawing by direct message via Instagram, and/or by public posting via Instagram within three business days of the drawing. To be confirmed a winner, the selected entrant will be required to sign and return within fourteen (14) days of notification attempt, an Affidavit of Eligibility, Liability and Publicity Release (where permitted by law) and affirmation of assignment of rights (the “Affidavit”) or the prize will be forfeited and an alternate winner may be determined. Following timely receipt of the Affidavit and confirmation by The Sponsor of compliance with the Official Rules, two randomly selected entrants will be confirmed winners and will receive the weekly prize and one randomly selected entrant will be confirmed monthly winner and will receive the monthly prize. In the event that of a dispute regarding the identity of an entrant who has been selected as a tentative prize winner, The Sponsor may choose to deem the entry to have been made by the “Assigned Account Holder,” that is, the individual person who is assigned the account on the applicable Platform corresponding to the winning entry.
- PRIZES:The following weekly prize will be awarded to the two entrants who are determined the winners: a $50 gift card to the Asbury Park Boardwalk business of the winner’s choice. Sales taxes will apply in accordance with applicable laws. Prize is nontransferable and no substitution of prize by winner is allowed. The Sponsor reserves the right to award prize (or portion of prize) of equal or greater value, in its sole discretion. The Sponsor and the Sweepstakes Parties assume no responsibility or liability for damages, losses, or injury resulting from acceptance or use of prize or participation in the Sweepstakes. The Sponsor reserves the right to request from any entrant additional documentation it reasonably believes is necessary to validate any Submission or to award any prize. All federal, state, local, and municipal taxes and any expenses, costs, duties or fees associated with the acceptance and/or use of any prize are the sole responsibility of the winner. Total value of all prizes to be awarded in this Sweepstakes is $1,300. Odds of winning depend on the number of eligible entries received. There will be two (2) weekly prizes of a $50 gift card to the Asbury Park Boardwalk business of the winner’s choice.
- GENERAL CONDITIONS: By participating, entrants agree to these Official Rules and the decisions of The Sponsor with respect to the Sweepstakes and the awarding of any prize, which shall be final and binding in all respects. The Sponsor and its agents are not responsible for late, lost, or illegible entries, technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, partial or delayed electronic communications or by any of the equipment or programming associated with or utilized in this Sweepstakes, or by any human error which may occur in the processing of the Submissions in this Sweepstakes, or for any liability for damage to any computer system resulting from participation in, or accessing or downloading information or applications in connection with this Sweepstakes. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If, for any reason, the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes process, then The Sponsor reserves the right at its sole discretion to cancel or modify the Sweepstakes. If a court of competent jurisdiction deems any provision of these Official Rules invalid or unenforceable, such provisions shall be enforced to the maximum extent permitted and the remaining provisions of the Official Rules shall remain in full force and effect.
- UNSPORTSMANLIKE CONDUCT: The Sponsor reserves the right in its sole discretion to disqualify any individual that tampers or attempts to tamper with the operation of the Sweepstakes; and/or violates the Official Rules, and/or acts in an unsportsmanlike or disruptive manner, and/or with intent to annoy, abuse, threaten or harass any other person. Any use or attempt to use multiple e-mail or Platform accounts or other similar tactics to enter more than the stated limit of this Sweepstakes may result in disqualification and all associated Entries will be void. Any use of robotic, automatic, macro, programmed or other similar entry methods will void all such entries by such methods and any persons using any like methods will be disqualified. Each online entry submission must be entered by the individual entrant.
- LIMITATIONS OF LIABILITY AND RELEASE: By participating in any aspect of the Sweepstakes, you agree to the full extent permitted by law to release and hold harmless the sponsor, the Sweepstakes parties, Instagram and their respective parent, subsidiaries, affiliated entities, agents, advertising and sweepstakes agencies, and all of their respective shareholders, officers, directors, employees and assigns, members, representatives and agents (collectively, the “released parties”), from and against any claim or cause of action arising out of participation in any part of the Sweepstakes (including, without limitation, preparing for or participating in or submitting any Entry and/or from any Sweepstakes related activity) or receipt or use of any prize, including property damage, personal injury or death. Each Entrant further agrees that in any cause of action, the released parties’ liability will be limited to the out of pocket cost of participating in the Sweepstakes, and in no event shall the Sweepstakes parties be liable for attorneys’ fees, punitive, consequential, direct or indirect damages and each entrant waives the right to claim any damages whatsoever. You hereby waive all rights and release each of the released parties from any claim or cause of action, whether now known or unknown, of any kind, including but not limited to defamation, invasion of right to privacy, publicity or personality or any similar matter, relating to the Sweepstakes, the operation thereof, or any submission, or based upon or relating to the use and exploitation of the submission as contemplated herein, either intentionally or otherwise. You hereby represent and warrant that you have read these official rules and are fully familiar with them.
- APPLICABLE LAWS AND JURISDICTION: Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of New Jersey. Should there be a conflict between the laws of the State of New Jersey and any other laws, the conflict will be resolved in favor of the laws of the State of New Jersey. All judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Sweepstakes and shall not include any indirect, punitive, incidental and/or consequential damages.
ARBITRATION: Except where prohibited by law, as a condition of participating in the Sweepstakes, entrant agrees that (1) any and all disputes and causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held in Monmouth County, New Jersey; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-of-pocket expenses (i.e., costs associated with participating in the Sweepstakes), and entrant further waives all rights to have damages multiplied or increased.
- WINNERS LIST: To receive a copy of the Winner’s List by mail, send a self-addressed stamped envelope (except where not required by applicable law) to: The Sponsor at the Sweepstakes Address, noted below. Limit one request per outer mailer, which should be marked “Madison Asbury Retail, LLC #MyAPB Sweepstakes Winners List Request.” Requests must be received by November 15, 2018. Limit one request per outer mailer.
THE SPONSOR: This Sweepstakes is sponsored by Madison Asbury Retail, LLC (“The Sponsor”), 1300 Ocean Avenue, Suite M1, Asbury Park, NJ 07712 (the “Sweepstakes Address”). This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram and any questions, comments or complaints regarding the Sweepstakes should be directed to The Sponsor at the Sponsor’s address, noted above, not Instagram.