What Should Nathan Build? The Contest: Official Rules
DISCOVERY TIMES SQUARE
“WHAT SHOULD NATHAN BUILD?” CONTEST
NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. ELIGIBILITY: Open to legal residents of the 50 United States and the District of Columbia who are 13 years of age or older at the time of entry. Employees, officers and directors of TSX Operating Company, LLC, (“Sponsor”), Nathan Sawaya, Inc., their parent companies, subsidiaries, affiliates, advertising agencies, promotional suppliers and the immediate family members (spouses and parents, children and siblings and their spouses, regardless of where they live) or members of the same households (whether related or not) of such employees, officers and directors (collectively, "Contest Entities") are not eligible. All applicable federal, state, and local rules apply. Void where prohibited or restricted by law.
2. TO SUBMIT AN IDEA: The “What Should Nathan Build” Contest ("Contest") begins at 12:01 AM Eastern Time ("ET) on November 4, 2013 and ends at 11:59 PM ET on November 10, 2013 (“Contest Period”). The Contest provides an opportunity for entrants to suggest an idea for a sculpture to be built by artist Nathan Sawaya using LEGO® bricks (“idea” or “Entry”) which will be displayed at Discovery Times Square as part of THE ART OF THE BRICK exhibition. To submit an idea, visit http://www.discoverytsx.com/what-should-nathan-build-contest during the Contest Period to access the Contest entry page. Complete the online entry form and submit as directed. Eligible entrants who are not of the age of majority in their state of residence (a “minor”) should have permission from their parent or legal guardian before submitting an Entry. All legal responsibilities of a minor under the Official Rules will be assumed by the parent or legal guardian.
3. ENTRY REQUIREMENTS: Ideas submitted must be original and must not infringe the intellectual property rights, privacy or publicity rights or any other legal or moral rights of any third party. Entries that are obscene, vulgar, sexually explicit, pornographic, lewd, derogatory, inappropriate, or otherwise not in good taste, as determined by the Sponsor in its sole discretion, will not be eligible for the Contest. Entries must not contain violent material, or materials which promote violence. Entries must not defame or degrade any person, living or deceased, or otherwise infringe upon a person's personal or proprietary rights. Entries that do not adhere to the foregoing will not be considered in the judging of the Contest.
4. ENTRANT'S REPRESENTATIONS: By submitting an Entry, you represent and warrant that the Entry does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, and that you agree to indemnify and hold harmless Contest Entities from any action or liability resulting from the use of your Entry as permitted by these rules and against any and all claims, damages, expenses, costs and liabilities relating to trademark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation.
5. RIGHTS TO ENTRIES: Entries become the property of Sponsor and will not be acknowledged or returned, nor will any correspondence about entries will be entered into. By submitting an Entry, you grant the Sponsor the unconditional and perpetual right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use the Entry or part thereof (with or without using your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party. By submitting an Entry, you further agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Released Parties (as defined below), or any other person or entity, on the grounds that any use of the Entry, or any derivative works, infringes any of your rights, including, without limitation, copyrights and moral rights. You further acknowledge the Sponsor is in no way obligated to broadcast, publish or use your Entry in any way. Nothing herein shall constitute an employment, joint venture, or partnership relationship between you and the Sponsor. In no way are you to be construed as the agent or to be acting as the agent of the Sponsor. By submitting an Entry, you agree that your submission is gratuitous and made without restriction, and will not place Sponsor under any obligation, and that Sponsor is free to disclose the idea contained in the Entry on a non-confidential basis to anyone or otherwise use the idea without any compensation to you. You acknowledge that, by acceptance of your submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you. Each entrant acknowledges that other entrants may have created ideas and concepts contained in his/her Entry that may have familiarities or similarities to his/her Entry, and that he/she will not be entitled to any compensation or right to negotiate with the Releasees because of these familiarities or similarities.
6. JUDGING: All qualified Entries will be judged by Nathan Sawaya who will determine, in his sole discretion, which idea he will build from LEGO® bricks and display at THE ART OF THE BRICK exhibition at Discovery Times Square.
7. WINNER ANNOUNCEMENT: The winner will be announced in the November 20, 2013 issue of the New York Post and on the Discovery Times Square Web site. The winner will receive the honor of having his/her idea built by Nathan Sawaya. There is no monetary value attached to winning. The sculpture will remain property of Nathan Sawaya, Inc.
8. GENERAL: By participating, entrants (and entrant's parent/legal guardian, if entrant is a minor, agree [a] to these rules and decisions of Sponsor which shall be final and binding in all respects and in all matters relating to this Contest; [b] to hereby release, discharge, indemnify and agree to hold harmless Contest Entities and all of their respective parents, affiliates, subsidiaries, agencies, advertising and promotion agencies, and all of their respective employees, officers, directors, agents and representatives (individually and collectively "Releasees") from any liability or responsibility whatsoever for any claims, costs, injuries, losses or damages (whether due to negligence or otherwise) of any kind (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss of or destruction of property), arising out of or in connection with the Contest or participation in the Contest or any Contest related activity; [c] to grant the Sponsor (not withstanding anything else in these Rules) a license to reproduce and use entry materials for any purpose whatsoever without compensation or further permission, including but not limited to an irrevocable and perpetual, royalty-free, worldwide right, in all media (now known or later developed) to use, publish, or otherwise exploit any entry materials (whether altered, changed, modified, edited, used alone, together or with other works and/or used in distorted, illusory or composite form, as solely determined by Sponsor) for any trade, advertising, publicity and promotional purpose without notice, review or approval; and [d] if a winner to the announcement/use of name, voice, image and/or likeness for trade, advertising, publicity and promotional purposes without additional compensation (unless prohibited by law) by Sponsor and those acting pursuant to Sponsor's direction, in all media now known or hereafter discovered, worldwide, including but not limited to the World Wide Web, without notice, review or approval and agrees to execute specific consent to such use if asked to do so. In no event will Releasees be responsible or liable for any damages or losses of any kind, whether direct, indirect, incidental, consequential, punitive or other damages. Releasees are not responsible and shall not be liable for: [a] telephone, electronic, hardware or software, program, network, Internet or computer malfunction, technical errors or by any human error which may occur, or any error in the processing of entries, or the incorrect or inaccurate capture of entry, or other information, or the failure to capture, or loss of, any information; [b] failed, incomplete, garbled, corrupted or delayed computer transmissions, or internet or Web site accessibility or availability; [c] lost, late, misdirected, mutilated, incomplete or illegible entries or [d] any condition caused by events that may cause the Contest to be disrupted or corrupted. Sponsor reserves the right in its sole discretion to cancel, modify, or suspend the Contest or any portion thereof should computer hardware or software malfunctions (such as but not limited to virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures) or any other causes corrupt the administration, security or proper play of the Contest, and select the winners from entries received prior to the action taken or in such other manner as deemed fair and appropriate by Sponsor.
9. ADDITIONAL CONDITIONS: Releasees are not responsible for any incorrect or inaccurate information, whether caused by Web site users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Contest and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or technical error or programming error or unauthorized access to the Web site. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or Web site; to be acting in violation of the Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, macro, programmed, third party or like entry methods, will disqualify all entries using such methods. Entry information and entries become property of Sponsor. In case of dispute, entries will be declared made by the authorized account holder of the email address used to participate at the time of entry. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g. business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
IN NO EVENT WILL RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF INTERNET SITE OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
10. ARBITRATION/CHOICE OF LAW: Except where prohibited, entrants (and entrant's parent/legal guardian if entrant is a minor) agree that: [a] any and all disputes, claims, and causes of action arising out of or connected with this Contest, or the determination of the winners, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective, and [b] any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest but in no event attorneys' fees; and [c] under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages (other than for actual out-of-pocket expenses), and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and/or Releasees in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without regard for conflicts of law doctrine of any jurisdiction, and all proceedings shall take place in State of New York.
(b) Severability: Headings: If any provision of these Official Rules is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.
Sponsor: TSX Operating Company, LLC, 70 West 40th Street, 9th Floor, New York, NY 10018.
©2013 TSX Operating Company, LLC. All rights reserved.
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