No Purchase or payment Necessary to Enter or Win. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW OR REGULATION.
PARTICIPANTS MUST BE A LEGAL RESIDENT OF THE UNITED STATES INCLUDING THE DISTRICT OF COLUMBIA AND CANADA (EXCLUDING RESIDENTS OF QUEBEC), 18 YEARS OF AGE (OR THE AGE OF MAJORITY IN YOUR STATE OF RESIDENCE, WHICHEVER IS OLDER), AT THE TIME OF ENTRY.
CONTEST TIMING: The Party City Incredible Birthday Moments Contest (the “Contest”) begins on Friday, June 1, 2018 at 12:00:01 a.m. Eastern Daylight Time (“EDT”) and ends on Saturday, June 30, 2018 at 11:59:59 p.m. EDT (“Entry Period”). All eligible entries received during Entry Period will be judged based on predefined judging criteria as later described in these rules to determine the five (5) prize winners. The Sponsor’s designated server will be the official timekeeper for this Contest.
ACCEPTANCE OF RULES: Entry in the Contest does not constitute entry into any other promotion, contest or sweepstakes. Each person who submits an entry in the Contest (“Entrant”), unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Party City, 25 Green Pond Road, Rockaway, NJ 07866 USA (the “Sponsor” or “Judge”), and/or COHEN-FRIEDBERG ASSOCIATES, LLC Framingham, MA 01702 USA www.cfapromo.com (the “Administrator”), whose decisions shall be final and legally binding in all respects.
ELIGIBILITY: Employees, officers, and directors of Sponsor, Administrator, and each of their affiliated companies, subsidiaries, licensees, licensors, franchisees, distributors, dealers, sales representatives, their advertising and promotion agencies, and any and all other companies associated with the Contest (collectively, the “Promotion Entities”), and each of their immediate family members and/or people living in the same household are not eligible to participate. Release and indemnify all Disney entities (i.e. “Disney Consumer Products and Interactive Media, Inc. and its parent, affiliated and subsidiary companies and its and their offices, directors, employees and agents. Eligibility is subject to all federal, state, provincial and local laws and regulations.
HOW TO ENTER:
You must upload a photo of your “most incredible birthday party moment” to Instagram, together with the specified “hashtag” (“Eligible Photo”). Note: no children may appear in the photo unless you are the parent or legal guardian of the children that appear in the photo.
If your Instagram account is set to “protected mode,” or “private” your entry may not be visible and thus may not be received by Sponsor. Your entry method must be set to “public”.
LIMIT: You may enter only one (1) time during the Entry Period.
All entries are subject to verification and approval by the Sponsor. Entries that do not meet the requirements for the photo specified below or otherwise do not comply with the Official Rules herein may be disqualified. Any attempted form of entry other than as described herein is void. Sponsor will determine in its sole discretion, what constitutes a valid entry. All materials submitted become the property of the Sponsor and will not be returned or acknowledged.
Sponsor reserves the right to cancel or modify the Contest if fraud or technical failures destroy the integrity of the Contest as determined by the Administrator and Sponsor, in its sole discretion and to award the prizes based on eligible entries received prior to the cancellation.
Requirements for Photo: Photos must be submitted in .JPG or .PNG format. Entries must not advertise or promote third parties’ goods or services, nor contain any material which violates or infringes any copyright, trademark, trade name, trade secret, right of publicity or privacy or other personal and/or proprietary right of any person or entity. Entries must not use third party artistic works, copyrights, trademarks, trade names, logos, similar brand identifying marks, trade secrets or other proprietary rights. Entrants may however use the Party City trademark/products or products purchased at Party City in photos.
Entrant’s Representations: By entering the photo you represent and warrant that the submission is original, that you own the submission or otherwise have the right to submit it here and that such submission does not infringe upon the rights of any third party and the submission has not been previously published in any medium.
Entry Notes: Once an entry has been submitted, Entrant cannot access/revise entry in any way. No photo, title or description may be obscene, pornographic, cruel, mean spirited, offensive in any manner, defamatory, illegal or infringing on any third party rights or in any other way not suitable to be published. If an entry falls into this category (at the Sponsor’s sole discretion), their corresponding entry will become void. Entries made on another’s behalf by any other individuals or any other entity, including but not limited to commercial contest/Contest subscription notification and/or entering services, will be declared invalid and disqualified for this Contest. Tampering with the entry process or the operation of the Contest is prohibited and any entries deemed by the Administrator and Sponsor, in their sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. By entering, all Entrants release the Sponsor, Judge and Administrator and each of the Promotion Entities and each of their respective employees, officers, directors and agents from and against all claims and damages arising in connection with each Entrant’s participation and/or entry in the Contest and/or his/her receipt or use of the prize awarded in this Contest.
Sponsor is not responsible for lost entries, or problems downloading or uploading of any Contest related information to or from the web site or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, or providers, computer hardware or software failures, phone lines, failure of any electronic mail entry to be received by Sponsor on account of technical problems, traffic, congestion on the internet or the web site, or any other technical problems related to web site entries including telecommunication miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit an Entrant’s ability to participate in this Contest.
If you opt to access the Contest via your wireless mobile device, data rates may apply according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless Internet access) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Contest. Mobile device service may not be available in all areas. Check your phone’s capabilities for specific instructions. Sponsor is not responsible for any charges.
JUDGING: All Eligible Photos will be judged by the Judge based on the following weighted criteria:
50% Adhearance to theme (Incredible Birthday Moments)
In the event of a tie, a third-party Judge selected by the Sponsor will judge the tied entries based on the above criteria to determine the Winner.
The Prize winners will be announced on or about Thursday, July 27, 2018.
PRIZES: Only the prizes listed below will be awarded in this Contest.
One (1) Grand Prize: $500 Party City Gift Card.
Four (4) Runner-Up Prizes: Each winner to receive a $100 Party City Gift Card.
Terms and conditions of the Party City Gift Cards apply. Winner will not receive difference between actual and approximate retail value. Prizes are non-transferable, non-refundable, and no substitutions will be made except as provided herein, in the Sponsor’s sole discretion. Prize is not redeemable for cash. Sponsor reserves the right to substitute a particular prize for one of comparable or greater value. Winner is responsible for any and all applicable local, state, and/or federal taxes and fees.
Total approximate retail value of all prizes $900.
All expenses and costs associated with prize acceptance and use not expressly stated in the package description provided herein are the sole responsibility of winner. All taxes are the responsibility of the winner.
Prize will be awarded only if the prize winner fully complies with these Official Rules.
WINNER NOTIFICATION: Conduct of the Contest is under the supervision of the Administrator and Judge. Prize winner shall be required to verify name and complete mailing and to execute before a notary public and return within five (5) days an affidavit of eligibility/ W-9 taxpayer identification form and liability/publicity release covering eligibility, liability, advertising, publicity unless prohibited by law. Prize shall not be awarded until all such properly executed forms are returned. Prize winner will be notified by Direct Message from the Administrator or Sponsor using the contact information provided at the time of entry. Administrator and Sponsor shall have no liability for any potential prize winning notification that is lost, intercepted or not received by any potential prize winner for any reason. If, despite reasonable efforts, any potential prize winner does not respond within five (5) calendar days (EDT) of the first notification attempt, or if the prize notification or prize is returned as unclaimed or undeliverable to such potential prize winner, the potential prize winner will forfeit his or her prize and an alternate winner may be selected from remaining Eligible Entries with the highest Judges score. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential prize winner will be disqualified and an alternate winner may be selected from remaining eligible entries with the highest Judges score.
PUBLICITY RELEASE/ASSIGNMENT OF RIGHTS: Acceptance of any prize constitutes prize winner’s permission for the Promotion Entities to use prize winner’s entry materials, name, photograph, likeness, voice, biographical information, statements and complete address (collectively, the “Attributes”), for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization, (except where prohibited by law), and releases the Promotion Entities from all claims arising out of the use of such Attributes.
Each Entrant: (i) grants to the Sponsor, in perpetuity, a non-exclusive, royalty-free license to publish, display, reproduce, modify, edit or otherwise use his/her photo and the Attributes, in whole or in part, for advertising or promoting the Contest the Promotion Entities or for any other reason; (ii) waives all moral rights in and to his/her Photo and the Attributes in favor of the Sponsor; and (iii) agrees to release and hold harmless the Releasees from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause of action that relate in any way to the entry, the use of the Attributes as permitted hereunder or the Contest. The Sponsor/Administrator reserves the right, in its/their sole and absolute discretion and at any time during the Contest, to modify, edit or remove any photo, if a complaint is received with respect to the photo, or for any other reason. If such an action is necessary, then the Sponsor reserves the right, in its sole and absolute discretion, to remove the photo from the Contest.
By submitting an entry, you agree that your submission is gratuitous and made without restriction, and will not impose any obligation upon Administrator or Sponsor. Administrator and Sponsor are free to disclose or otherwise disclose the ideas contained in the photo on a non-confidential basis to anyone and are free to otherwise use the ideas without any additional 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.
DISQUALIFICATION: Administrator and Sponsor reserve the right in their sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to disparage, annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No incomplete, forged, software-generated or other automated multiple entries will be accepted.
SEVERABILITY: The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
LIMITATION OF LIABILITY:
Sponsor, Administrator, Judge and the Promotion Entities are not responsible for, and Entrant hereby releases Sponsor, Administrator, Judge and the Promotion Entities from any claims arising from: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process or the Contest; (iv) electronic or human error which may occur in the administration of the Contest or the processing of entries; (v) any injury or damage to persons or property, including but not limited to Entrant’s computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest and (vi) use of any prize.
DISPUTES: Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court of the State of New Jersey and Entrant hereby submits to the exclusive jurisdiction of such courts and waives any objection it might have based upon improper venue or inconvenient forum; and (2) unless otherwise prohibited, under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages. 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 Contest shall be governed by, and construed in accordance with, the laws of the State of New Jersey, without giving effect to any choice of law or conflict of law rules (whether of the State of New Jersey or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New Jersey.
WINNERS LIST: To obtain the name of the winners, send a self-addressed stamped envelope to: Party City Incredible Birthday Moments Contest WINNERS, PO Box 2001, Framingham, MA 01703-2312 USA. Winners list will be available after August 7,2018. All such requests must be received by August 14, 2018.
© Party City All rights reserved.
The use of any prize manufacturer, personality name or trademark in connection with any of the prizes is solely for the purpose of describing such prize, and is not intended to suggest any affiliation or sponsorship.