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Official rules: amNewYork cartoon caption contest

NO PURCHASE NECESSARY TO ENTER OR TO WIN. PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING.

Each amNewYork Cartoon Caption Contest (“Contest”) is sponsored by Newsday LLC d/b/a amNewYork (“amNY”) and published in select issues of amNewYork. By entering one or more Contests, you agree to comply with and be bound by these Official Rules (the “Official Rules”). Please review the Official Rules carefully. If you do not agree to the terms and conditions of the Official Rules in their entirety, you are not permitted to enter any Contest.

1. ELIGIBILITY: Each Contest is open only to individuals that are legal residents of, and living in, the New York metropolitan area who are 18 years of age or older and can enter into legally binding contracts under applicable law. Employees of amNY, its advertising, fulfillment, or promotion agencies, service providers, agents, officers, parents, subsidiaries, or affiliates, or any other persons or entities directly associated with the subject Contest (collectively, the “Contest Entities”), and members of the immediate families of and/or persons living in the same household as such persons, are ineligible to enter the subject Contest or claim the Prize (as defined below).

2. CONTEST ENTRY PERIOD: The “Contest Entry Period” for each new Contest begins at 12:01 a.m. Eastern Time on the date of first publication of the subject Contest on amNewYork (generally a Friday) and ends at 12:00 P.M. Eastern Time on the eleventh (11th) day thereafter (generally on Monday of the following week). For the exact date of entry for the current Contest, please refer to the applicable entry-form page. Entries must be received during the Contest Entry Period to be eligible to win the Prize.

3. HOW TO ENTER: To enter, either: (a) go to www.amNY.com/captionthis during the Contest Entry Period and follow the links and instructions to completely fill out and submit the online entry form in accordance with the on-screen instructions; or (b) go to www.instagram.com/amnewyork/ during the Contest Entry Period and comment on the Instagram post featuring the applicable cartoon. Each entrant must include a caption of 250 characters or less for the featured cartoon. Upon amNY’s receipt of an entrant’s successful submission, that entrant shall receive one (1) entry in the subject Contest (each, an “Entry”). Each Entry must be the original work of the entrant, may not have been previously published, and must not infringe upon or violate the copyrights, trademarks, rights of privacy or publicity, or other intellectual property or other rights of any person or entity.

Each entrant may submit only one (1) Entry during the subject Contest Entry Period. Any Entries submitted in excess of this limitation will be discarded. All Entries must be submitted online. Mailed or hard copy entries will not be accepted. All Entries must be received by the end of the subject Contest Entry Period. Failure to submit all required information and submissions in the manner required in these Official Rules may result in disqualification. In the event two or more otherwise valid Entries contain the identical caption, the first such Entry received by amNY will be eligible for consideration, and all other such Entries will be discarded. All Entries become amNY’s property and will not be acknowledged or returned. Each entrant understands that amNY has no obligation to display or otherwise include the Entry in/on any amNY publication or website. The Contest Entities are not responsible for lost, incomplete, damaged, illegible, late, or misdirected Entries, or for errors in mechanical transmission, technical difficulties, or inability to transmit Entries. Any attempt by any participant to obtain more than the permitted number of Entries by using multiple/different identities or registrations, or to defraud or in any way tamper with any Contest, will void all of that participant’s Entries, and that participant will be disqualified from participating in the Contest. amNY reserves the right to reject any Entry that it believes, in its sole discretion, to be fraudulent, incomplete, or otherwise invalid or non-compliant with this Official Rules. amNY reserves the right, at its sole discretion, to cancel or modify any Contest not capable of completion as planned for any reason beyond amNY’s reasonable control, including infection by computer virus, bugs, tampering, unauthorized intervention, force majeure, or technical failures of any sort.

Instagram® is a registered trademark of Instagram, LLC (“Instagram”). Please be advised that amNY is not in any way affiliated with Instagram, and the Contest is neither endorsed, nor sponsored, by Instagram.

4. PRIZE: The Winner of each Contest will: (a) have her/his caption and name printed in amNewYork as the winning caption; and (b) receive a framed or mounted print of the captioned cartoon signed by the artist (collectively for each Contest, the “Prize”). amNY shall determine, in its sole discretion, the issue of amNewYork in which the winning caption is printed. The approximate retail value (“ARV”) of the Prize is Two Hundred Dollars ($200.00). Prize winners will not receive the difference between the actual Prize value and the ARV, nor will any Prize be replaced if lost or stolen. The Prize is non-refundable and may not be resold under any circumstances. amNY may, in its sole discretion, substitute a prize of equal or greater value. The Prize is awarded “as is” with no warranty or guarantee, either express or implied. All Prize details are in amNY’s sole discretion.  

5. JUDGING AND NOTIFICATION: The winner for each Contest will be selected by one or more members of the amNewYork editorial staff (the “Judge(s)”) following the conclusion of the subject Contest Entry Period. The potential Prize winner will be notified via telephone, email, or Instagram direct message within five (5) business days after selection. Each potential Prize winner may be required to: (a) provide her/his: (i) full name; (ii) city/neighborhood; (iii) email address; and/or (iv) telephone number; and/or (b) execute an Affidavit of Eligibility and Liability/Publicity Release (“Affidavit”) and return such Affidavit within ten (10) days following attempted notification. If a potential Prize winner fails to provide the required identifying information, or fails to respond to amNY within three (3) days confirming acceptance of the Prize, or if amNY does not receive a properly executed Affidavit from her/him within ten (10) days following attempted notification, or if she/he is found to be ineligible, or if she/he cannot or does not otherwise comply with these Official Rules, or if the winner refuses the Prize, then the Prize will be forfeited by such potential winner, and the Judge(s) will select an alternate winner from the remaining eligible Entries. The return of a Prize and/or Prize notification as undeliverable may result in forfeiture of the Prize. In no case shall the Contest Entities, the Judges, or their respective members, officers, directors, employees, affiliates, or agents be liable in any manner where a potential Prize winner has not received notification sent from amNY, or where amNY fails to receive a response from the potential Prize winner within the required response period. All decisions regarding interpretation of these Official Rules and all matters relating to each Contest are within the Judge(s)’ sole discretion and are final and binding.

6. COPYRIGHT/LIKENESS: The copyright in each Entry shall remain the property of the entrant, but, in exchange for the possibility of winning the Prize, entry in any Contest constitutes the entrant’s irrevocable, perpetual permission and consent to amNY and others authorized by amNY, without compensation or attribution, to (a) use, reproduce, print, publish, transmit, communicate to the public, distribute, sell, and/or display the Entry and the entrant’s name and city/neighborhood and state for editorial, advertising, commercial, and/or publicity purposes, in any and all media now in existence or hereinafter created, throughout the world; (b) do (or omit to do) any acts in respect of the Entry which may otherwise constitute an infringement of the entrant’s moral rights; (c) edit, adapt, enhance, modify, and/or create derivative works from the Entry; and/or (d) use the entrant’s name, address (city and state), and/or likeness for editorial, advertising, and/or publicity purposes, without further compensation, unless and to the extent prohibited by law.

7. CHOICE OF LAW/LIMITATION OF LIABILITY: EACH ENTRANT AGREES THAT EACH CONTEST SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK AND: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH ANY CONTEST OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY IN THE SUPREME COURT OF THE STATE AND COUNTY OF NEW YORK, (B) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT ATTORNEYS' FEES, (C) NO PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES MAY BE AWARDED, AND (D) ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM SPECIAL DAMAGES AND ALL RIGHTS TO HAVE SUCH DAMAGES MULTIPLIED OR INCREASED.

8. PRIVACY STATEMENT: Entrants’ information may be used and disclosed by amNY as provided for in these Official Rules, and as permitted by amNY's privacy policy posted at http://www.amny.com/privacy.

9. RULES/WINNERS’ LIST: For an additional copy of these Official Rules or a Prize winner listing, send a self-addressed, stamped envelope to: amNewYork Cartoon Caption Contest, 240 West 35th Street, 9th Floor, New York, NY 10001. All requests for rules and winners’ lists must be received within six (6) months of the conclusion of the subject Contest Entry Period.

10. RELEASE/INDEMNIFICATION: By entering any Contest, each entrant agrees: (a) to release and hold harmless the Contest Entities, the Judge(s), Instagram, and their respective members, officers, directors, employees, affiliates, and agents from and against any and all liability in connection with the Contest, including, without limitation, legal claims, costs, losses, damages, demands, or actions of any kind; and (b) to indemnify and hold the Contest Entities, the Judge(s), and their respective members, officers, directors, employees, affiliates, and agents harmless from and against any and all claims, expenses (including reasonable attorneys’ fees, costs and settlement costs), damages, suits, costs, demands, and/or judgments whatsoever, made by any third party due to or arising out of: (i) such indemnified individuals’ or entities’ use or publication of the entrant’s Entry; and/or (ii) the entrant’s breach of these Official Rules or any representation made by the entrant herein. The provisions of this paragraph are for the benefit of the Contest Entities, the Judge(s), and their respective members, officers, directors, employees, affiliates, and agents. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against each entrant on its/her/his own behalf.

11. MISCELLANEOUS: Restrictions, conditions, and limitations apply. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. Each Contest is subject to all applicable federal, state, and local laws, rules, and regulations. Federal, state, and local taxes, and all similar fees and assessments, are the responsibility of the Prize winner. Void where prohibited or restricted by law. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official 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. amNY’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event of any conflict or other inconsistency between the Official Rules and any advertisements, promotional or marketing materials, e-mails, or announcements relevant to the subject Contest, these Official Rules will govern.

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