Official Rules for the City of New York's #ShopYourCity Challenge Contest

This contest is seeking photographs that will be featured on the Instagram and other social media platforms and is not endorsed, sponsored, administrated by, or associated with Instagram.

NO PURCHASE NECESSARY TO WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED. By submitting an entry to the #ShopYourCity Challenge Photo Contest, you are agreeing to be bound by the following legal terms.

The #ShopYourCity Challenge Photo Contest (the "Competition") (the "Competition") will begin at 7:00:00 AM Eastern Standard Time ("EST") May 25, 2021 and end at 11:59:59 PM EST on June 23, 2021 ("Competition Period"). The Competition is sponsored by NYC Department of Small Business Services, an office of the City of New York ("Sponsor"). Multiple entries are permitted. Participation is subject to all federal, state and local laws and regulations. Void where prohibited or restricted by law. You are responsible for checking applicable laws in your jurisdiction before participating in the Competition to make sure that your participation is legal and to ensure that you comply with all relevant laws. You are responsible for obtaining all passports, visas, and other government-required documents and permissions needed to use a prize.

ELIGIBILITY: The Competition is open only to residents, 18 or older, of the fifty (50) United States (including the District of Columbia) at the time of entry. In order to participate, you must have access to nyc.gov. Void where prohibited by law. Employees of Sponsor, the City of New York, and the judges or any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Competition and their immediate family (spouse, parents and step-parents, sibling and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible to participate and receive prizes. The Competition is subject to all applicable United States federal, state and local laws and regulations. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to the Competition. Winning a prize is contingent upon fulfilling all requirements set forth herein.

HOW TO ENTER: To enter, go to nyc.gov/ShopYourCity (the "Competition Webpage"), then use the #ShopYourCity Challenge form to upload a photo or video beginning at 7:00:00 AM Eastern Standard Time ("EST") May 25, 2021, and ending at 11:59:59 PM EST on June 23, 2021 ("Competition Period"). For your entry, you must enter your First Name, Last Name, Email Address, and Zip Code (collectively the photo and associated text are your "Entry"). Entries can range from photos and videos depicting how you are supporting a local NYC small business. A local NYC small business is defined as one with fewer than 125 employees within the 5 boroughs of NYC. Entries should relate to one of the themed business types as described on the Competition Webpage (nyc.gov/ShopYourCity): Food & Beverage, Retail (Clothing, Home Goods, Books, etc.), and Personal Care Services (Barber, Spa, Pet Grooming, etc.). Entries may also include an "I Shopped Local" sticker and Shop Your City Reusable Tote Bag that you can get from participating local NYC small businesses. Entries should convey a creative way to show your support to our local NYC small businesses. Entrant should consider the quality of the photo or video, artistic composition, and should make sure that the entry appeals to a broad audience community.

There is no limitation on the number of entries you can make. However, you may only have one (1) Entry as a top Finalist prize winner. Meaning only one Finalist position is available to each entrant regardless of his or her number of Entries.

JUDGING PERIOD: The Judging Period will begin at 9:00:00 AM EST on June 24, 2021 and end at 11:59:00 AM EST on June 30, 2021. NYC Department of Small Business Services will appoint a panel of at least four judges that are still to be determined and will be announced later.

The panel of judges will select up to 100 winning Entries (the "Winners") in its sole discretion from among all of the Entries. All Entries will be judged based on the following criteria, in the sole discretion of the panel of judges:
(a) appeal of the composition and subject matter;
(b) overall quality of the image or video; and
(c) creative interpretation of the best way to support one of the themed NYC local business types: Food & Beverage, Retail, and Personal Care Services.

The 100 entries with the highest overall score will be the 100 potential Winners. In the event of a tie, Winners will be selected based on the criteria described in (a), then (b), and finally (c).

WINNER SELECTION: ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE COMPETITION. The 100 entries that receive the highest overall scores from judges during the Judging Period will be potential Winners.

A potential winner will be notified via email on or about June 30, 2021, using the contact information provided by the Entrant at the time the entrant becomes notified they are a Winner. The potential winner will be asked to complete an affidavit. If the potential winner does not respond to NYC Department of Small Business Services’ notice or does not return the affidavit within 24 hours, that potential winner will be disqualified and the entry with the next highest number of votes will be selected as a potential winner in its place. Return of any notification email as "undeliverable" or failure to fully comply with these Official Rules will result in disqualification. In the event of disqualification of any potential winner, the prize will be forfeited by that potential winner and the entry with the next highest score ranked by the judges will be selected as a potential Winner in its place. NYC Department of Small Business Services is not responsible for notifications that are misdirected, addresses that are no longer correct, or for any other reason beyond the control of NYC Department of Small Business Services. If such potential winner cannot be contacted within a reasonable time period, if the potential winner is ineligible, if any notification is returned undeliverable, or if the potential winner otherwise fails to fully comply with these Official Rules, Sponsor may award the applicable prize to an alternate winner who had the highest score remaining of the eligible entries.

THE PRIZES:

On June 30, 2021, NYC Department of Small Business Services will inform the 100 Winners that they have been selected as Winners.

Winners may have their photos displayed at the discretion of and pursuant terms to be determined by NYC Department of Small Business Services.

On July 2, 2021, NYC Department of Small Business Services will announce the 100 Winners on the Competition Webpage, where the name of the Winners will be displayed. Winning photographs may be displayed on social media. If the selected Winners are not eligible, in Sponsor's sole judgment, Sponsor may award the applicable prize to an alternate winner who had the highest score remaining of the eligible entries.

Winners will also receive a $50 Gift Card and it will be shared via mail.

Prize does not include assistance with or travel costs or other expenses associated with the Term, if required. No cash in lieu of prize. No substitution of prizes is permitted except by Sponsor. Prize is not assignable or transferable. Limit one prize per person. If a Winner cannot participate for any reason, Winner will forfeit the prize and NYC Department of Small Business Services may, at its option and in its sole discretion, select an alternate winner or the prize may not be awarded. All of the prize elements are subject to change and shall be determined by NYC Department of Small Business Services in its sole discretion.

There is an Approximate Retail Value (ARV) of $50 for the Winning Prize which is a purchased gift card. The card must be used by the expiration date listed on the gift card or the prize will be forfeited and Sponsor will have no further obligation to Winner. Any difference between stated value and actual value will not be awarded. No cash in lieu of prize. No substitution of prizes is permitted except by Sponsor. Prize is not assignable or transferable. Limit one prize per person. If Winner cannot comply with these restrictions or any other portion of these Official Rules, the prize will be forfeited in its entirety and an alternate Winner will be chosen. All costs and expenses associated with prize acceptance and use not listed herein as part of the prize including, without limitation, ground transportation (other than that specified above as included in prize), luggage fees, souvenirs, miscellaneous hotel expenses, and gratuities are the sole responsibility of Winner.

All federal, state and local income taxes on prize and gratuities are solely the responsibility of the Prize Winner. Payments to potential Prize Winner are subject to the express requirement that they submit to the Sponsor all documentation requested by the Sponsor in compliance with all applicable state, federal and local tax reporting and withholding guidelines. All Prizes will be net of taxes Sponsor is required by law to Withhold. The Prize Winner is responsible for ensuring that he/she complies with all the applicable tax laws and filing requirements. If the Prize Winner fails to provide such documentation or comply with such laws, the prize may be forfeited and the Sponsor may, in its sole discretion, select an alternative potential Prize Winner.

OWNERSHIP OF ENTRIES: NYC Department of Small Business Services does not claim any ownership rights in your Entry. By using the #ShopYourCity form on nyc.gov to submit an Entry, you agree to be bound by these Official Rules and grant NYC Department of Small Business Services a non-exclusive, fully paid-up and royalty-free, worldwide license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate your Entry, including without limitation the right to distribute all or part of your Entry in any media formats through any media channels in perpetuity.

By submitting an Entry, you consent to the use, by NYC Department of Small Business Services, its affiliates, subsidiaries, parents, and licensees, of your name, likeness, and image, in connection with the Competition and NYC Department of Small Business Services' related marketing activities, in any media or format now known or hereafter invented, in any and all locations, without any payment to or further approval from you. You agree that this consent is perpetual and cannot be revoked.

You acknowledge that the Competition is not sponsored by, endorsed by, administered by, or associated with Instagram, and that your Entry is being provided to NYC Department of Small Business Services and not to Instagram. You agree that nothing in these Rules grants you a right or license to use the NYC Department of Small Business Services name or any NYC Department of Small Business Services trademark or service mark.

WARRANTIES: By submitting an Entry, you represent and warrant that your Entry:
1. is your own original work;
2. does not contain material or images that are, in NYC Department of Small Business Services' sole judgment, obscene, inappropriate for a general audience that may include minors, or defamatory;
3. does not violate or infringe upon the copyrights, trademarks, rights of privacy, publicity or other rights of any person or entity;
4. does not contain malicious code, such as viruses, timebombs, cancelbots, worms, Trojan horses or other potentially harmful programs or other material or information;
5. does not feature the likeness of a private individual without that individual's explicit written permission for its use;
6. does not and will not violate any applicable law, statute, ordinance, rule or regulation; and
7. does not trigger any reporting or royalty obligation to any third party.
You further represent and warrant that the rights that you are granting under these Official Rules do not conflict in any way with any other agreement to which you are a party, or with any commitments, restrictions, or obligations that you are under to any other person or entity.

OTHER THINGS TO KNOW
Entry Conditions and Release
By entering, each Contestant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor and/or the Competition judges which are binding and final in all matters relating to this Competition; (b) release and hold harmless the Sponsor, and its respective parent, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Competition, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the "Released Parties") from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a Contestant's entry, creation of an entry or submission of an entry, participation in the Competition, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, transmission, performance, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Sponsors from and against any and all claims, expenses, and liabilities (including reasonable attorneys fees) arising out of or relating to a Contestant's participation in the Competition and/or Contestant's acceptance, use or misuse of prize.

Publicity
Except where prohibited, participation in the Competition constitutes Winners' consent to Sponsor's and its agents' use of Winners' name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.

General Conditions
Sponsor reserves the right to cancel, suspend and/or modify the Competition, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Competition, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual or Competitor it finds to be tampering with the entry process or the operation of the Competition or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Competition may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor is not responsible for, nor is it required to count, incomplete, late, misdirected, damaged, unlawful or illicit votes, including those secured through payment, votes achieved through automated means or by registering more than one e-mail account and name, using another Contestant's e-mail account and name, as well as those lost for technical reasons or otherwise.

Limitations of Liability
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Competition, (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Competition; (4) technical or human error which may occur in the administration of the Competition or receipt or use of any prize. If for any reason an entrant's Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another provide another Entry. No more than the stated number of prizes will be awarded.

Disputes
Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Competition, or any prizes awarded, other than those concerning the administration of the Competition or the determination of winners, shall be resolved individually, without resort to any form of class action; (2) any and all disputes, claims and causes of action arising out of or connected with this Competition, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate New York State Court; (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Competition, but in no event attorneys' fees; and (4) 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Competition, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law of conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

Privacy
Sponsor collects personal information from you when you enter the Competition. The information collected is subject to the privacy policy located here.

Competition Results
For Competition results go to the Competition Webpage on or about July 2, 2021.

Sponsor
Sponsor: NYC Department of Small Business Services, an office of the City of New York, One Liberty Plaza, 11th Floor, New York, NY 10006