NYCC Marvel Costume Contest Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: NYCC Marvel Costume Contest (“Contest”) is open to all individuals, provided that any individuals under eighteen (18) years of age (“Minors”) must be accompanied by a parent or legal guardian. Employees of Marvel Entertainment. LLC (“Marvel”) and its parent, subsidiary and affiliate companies, as well as their immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible to enter or win.
The Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. 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 Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: Marvel Entertainment, LLC, 135 W. 50th Street, New York, NY 10020.
3. Timing: The Contest begins on Saturday, October 11, 2014 at 1:45:00 pm Eastern Standard Time (“EST”), and ends on Saturday, October 11, 2014 at 3:00:00 pm EST (the “Promotion Period”).
4. How to Enter: To enter as an individual or on behalf of a group of up to ten (10) individuals, entrants must (i) be present at Sponsor’s booth at New York Comic-Con (“NYCC”) on October 11, 2014 no later than 1:45:00 pm EST, dressed in a costume portraying a Marvel character (“Costume”); (ii) sign and return Sponsor’s model release; and (iii) appear on the Marvel stage and in front of the Marvel judges. For entrants who are Minors at the time of entry, a parent or guardian must be present to sign Sponsor’s model release. No purchase of any product is necessary to enter or win. Limit one entry per person. Sponsor reserves the right, in its sole discretion, to limit the number of entrants that appear on the Marvel stage due to the time constraints of the Contest.
All Costumes must conform to the additional submission requirements set forth herein:
- Costumes cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;
- Costumes cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
- Costumes cannot be obscene or offensive, endorse any form of hate or hate group;
- Costume cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies;
- Costume cannot infringe trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, or contain any personal identification other than entrants;
- Costume cannot infringe copyrighted materials owned by others;
- Costume cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
- Costume cannot depict, and cannot itself, be in violation of any law.
5. Prize Drawing: Prizes will be awarded by Marvel judges based on the following criteria: (i) overall appearance (e.g. props, wigs, clothing); (ii) presentation (i.e., overall attitude and impression on stage while wearing costume); (iii) costume craftsmanship; (iv) overall wearability; and (v) creativity of costume’s reference.
Sponsor will select one potential (1) winner (“Winner”) from all eligible entries received in the following categories:
- · Best Group/Team-Up
- · Best Female Costume
- · Best Male Costume
- · Best Armor/Prop
- · Kabam’s “Ultimate Marvel Champion” Costume
For the avoidance of doubt, the Winner from each of these categories, including Kabam’s “Ultimate Marvel Champion” Costume, will be selected using the above criteria.
Odds of winning depend on the number of eligible entries received. Winners are subject to verification. If any Winner is found not to be eligible or not in compliance with these Official Rules, if any required documents are not signed and returned, if the Winner cannot be verified, or if the Winner is otherwise unable or unwilling to accept and claim the prize as stated, then the prize may be forfeited. Sponsor may provide winner with a W-9 form, which Winner must complete and return to Sponsor for tax reporting purposes or the prize may be forfeited. Any prize won by an eligible entrant who is a minor in his/her state of residence will be awarded to the minor’s parent or legal guardian, who must sign and return any required documents. Receiving the prize is contingent upon compliance with these Official Rules.
6. Prizes: Each Winner will receive a prize consisting solely of an iPad Mini, subject to availability and Sponsor’s sole discretion. The approximate retail value (“ARV”) of each prize is up to $399. The ARV is determined as of date of printing of these Official Rules. The difference in the ARV of the prize as stated herein and value at time of prize notification, if any, will not be awarded. Prize is not redeemable for cash, and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Prize is taxable income to the winner and winner will be responsible for all taxes and fees associated with prize receipt and/or use, if any.
7. Release: By accepting a prize, each Winner agrees to release and hold harmless Sponsor and its direct and indirect subsidiaries, suppliers, distributors, advertising/promotion agencies, and prize suppliers (if any), and each of their respective parent companies and each such company’s officers, directors, employees and agents; from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.
8. Publicity: Except where prohibited, participation in the Contest constitutes an entrant’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown, and state, for promotional purposes in any media now known or hereinafter developed, worldwide, without further payment or consideration. Entrant’s name and likeness may be published on Sponsor’s website, in Sponsor’s sole discretion.
9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, 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 Contest, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest 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.
10. Limitations of Liability: Sponsor is not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, typographical errors, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (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 Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse 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 entry in the Contest, if it is possible. If the Contest, or any part of it, is discontinued for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for the prize offered herein.
11. Binding Arbitration: Any controversy or claim arising out of or relating to this Contest shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply New York law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE CONTEST, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
12. Governing Law & Jurisdiction: The Official Rules and the Contest are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Official Rules, or the rights and obligations of Entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 12 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of New York, in the City of New York.
14. Winners List: For a list of Winners, interested individuals should place their name and address on a 3″x 5″ card and mail it in an envelope to: 135 W. 50th Street, 7th Floor, New York, NY 10020; Attn: Judy Stephens. Winner List requests must be received no later than ninety (90) days after the Promotion Period end date.