“Penn Station Domination” Sweepstakes
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. PARTICIPATION CONSTITUTES PARTICIPANT’S FULL AND UNCONDITIONAL AGREEMENT TO AND ACCEPTANCE OF THESE OFFICIAL RULES. VOID WHERE PROHIBITED.
- PROMOTION PERIOD: The “Penn Station Domination” Sweepstakes (the “Sweepstakes”) begins on or about 12:00:01 p.m. Eastern Time (“ET”) on March 27, 2021 (“Start Date”) and ends at 11:59:59 p.m. ET on April 30, 2021(the “Promotion Period”). The Sweepstakes is sponsored by The Barnes Firm, 500 Pearl Street, Suite 700, Buffalo, NY 14202 (the “Sponsor” and “Prize Supplier”). The official clock for purposes of the Sweepstakes is the computer of the Sponsor.
- ELIGIBILITY: The Sweepstakes is open solely to legal residents of the fifty (50) states in the United States and the District of Columbia, who are eighteen (18) years of age or older (exceptions-must be 19 years of age or older for those that reside in the states of Alabama and Nebraska) as of the Start Date. Officers, members, directors and employees of the Sponsor, and any of their respective parent companies, affiliated companies, subsidiaries, dealers, franchisees, licensees, distributors, suppliers, subsidiaries, participating retailers, advertising / promotion / judging agencies, persons engaged in the development, production or distribution of materials for this Sweepstakes (collectively, the “Released Parties”) and the immediate family members (defined as spouse, parents, grandparents, children, grandchildren, siblings, – whether biological, adopted, step or in-law) of such individuals, or persons living in the same household as such individuals (whether related or not), are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Participation constitutes Participant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. Void in Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, and where prohibited, taxed, or restricted by law.
If a Participant opts to enter via his/her wireless mobile device (which may only be available via participating wireless carriers and is not required to enter the Sweepstakes), standard text messaging and/or data rates may apply for each message sent or received from your handset 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) 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 Sweepstakes. Participation in this Sweepstakes by mobile device means that you understand that you may receive additional messages by mobile device relating to this Sweepstakes, including notifying you if you are a winner, which may be subject to charges pursuant to your carrier’s rate plan. Text messaging may not be available from all mobile phone service carriers and handset models. Mobile device service may not be available in all areas. Check your phones capabilities for specific instructions.
All required information must be completed to enter and to be eligible to win. Incomplete entries will be disqualified. Internet entries must be made by the Participant only at the Website or aforementioned address. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including, but not limited to, commercial Sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. Sponsor reserves the right, in its sole discretion, to void any and all entries of a Participant that submits more than the stated maximum limit of entries by using multiple / different addresses, identities, or any other methods, or who Sponsor believes has attempted to tamper with, influence or impair the administration, security, fairness, or proper play of this Sweepstakes. Proof of entering information is not considered proof of delivery to or receipt by Sponsor of an entry. The use of automated entry devices is prohibited and no mechanically reproduced entries are allowed; all such entries are void. Released Parties are not responsible for: lost, late, incomplete, illegible, incorrect, damaged, delayed, garbled, undelivered, misdirected, or postage-due registrations, entries or mail, which will be disqualified. All entries become the exclusive property of Sponsor and will not be acknowledged or returned. Sponsor (or its designee) will be reviewing all Photo submissions.
- PHOTO RIGHTS AND REQUIREMENTS: By entering this Sweepstakes, Participants agree that each Photo entry becomes the property of Sponsor and that the Sponsor may use such Photo for any proper purpose. Any personally identifiable Participant information collected during the Sweepstakes entry process will be collected by Sponsor and used by Sponsor, their respective affiliates, agents and marketers for purposes of the proper administration and fulfillment of the Sweepstakes as described in these Official Rules.
Each Photo, and the components thereof, must be the original work of the Participant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity and must have been created in a legal and safe manner. An original is the product of one’s own mind and is not a copy or imitation. If the Photo contains any material or elements that are not owned by the Participant and/or are subject to the rights of third parties, the Participant is responsible for obtaining, prior to submission of the Photo, any and all releases and consents necessary to permit the use and exhibition of the Photo and all of the components thereof by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness releases for any person who appears in or is identifiable in the Photo, and permission to reproduce, distribute, publicly display or otherwise use the Photo (collectively, the “Clearances”). By submitting a Photo, Participant warrants, represents and consents to the submission and use of the Photo in the Sweepstakes, and to its posting on the Internet in connection with the Sweepstakes.
Photo entries may not contain any of the following: i) Materials which include or constitute trademarks, trade names, commercial product brands, designer insignia, logos, depictions, designs, likeness of any celebrity (living or dead), copyrighted works, or other content created or owned by any person or entity other than Participant (or Sponsor) or for which the Participant has not obtained owner’s permission to use; ii) Materials which contain phone numbers, website links, street addresses, e-mail addresses or license plate numbers; iii) Materials which contain profanities, vulgar language, lewd behavior, or are otherwise obscene or inappropriate for a general audience; iv) Materials which contain any depiction of real or simulated sexual acts; v) Materials which contain extensive or gratuitous violence; vi) Materials which depict illegal acts; vii) Materials which contain unsafe actions, or use of fire or other materials that may result in personal injury or destruction of property; viii) Materials which violate anyone’s privacy rights, violate any confidentiality or employment agreement, or which are defamatory; ix) Materials which are derogatory, inappropriate, indecent, obscene, hateful, tortuous, libelous, or slander the Sponsor, or any affiliated entity or person; x) Materials which promote bigotry, racism, hatred or harm against any group or individual, or are discriminatory based on race, religion, national origin, physical disability, age, gender, or sexual orientation or preference; xi) Materials in which any person identifiably appears where no appropriate written release has been obtained from such person granting all rights required herein; xii) Materials which contain any computer virus, worm or other harmful computer programming; xiii) Materials which do not comport with the Entry requirements; and xiv) Materials which Sponsor, in its sole discretion, deems to be otherwise objectionable. Entries which do not conform to these guidelines will be disqualified. Sponsor further reserves the right, in its sole and unfettered discretion, to verify at any time during the Sweepstakes that all necessary Clearances have been obtained and to disqualify and remove any Photo if it believes that the necessary Clearances have not been obtained.
By submitting a Photo, Participant retains the copyright to his or her Photo and irrevocably assigns, conveys and otherwise transfers to Sponsor, its successors, and assigns any and all right, title, and interest in perpetuity throughout the world in and to the Participant’s Photo, including, without limitation, the exclusive right to edit, change, revise, reproduce, display, perform, publish, distribute, license, sublicense, and sell the Photo in whole or in part, and to prepare, use, and exploit derivative works or improvements thereof, in all forms and media now or hereafter known, including material in digital and electronic media, computer, audio and audiovisual versions, and translations and adaptations, all in any language throughout the world and in Sponsor’s sole discretion in perpetuity. Without limiting the foregoing, Participant hereby waives and releases Sponsor, from any and all claims that Participant may now or hereafter have in any jurisdiction based on such “moral rights” or “droit moral” or unfair competition with respect to Sponsor’s exploitation of the Photo without further compensation to Participant of any kind. Participant agrees that email shall satisfy any writing requirement that may apply to the assignment, conveyance, transfer, license, or waiver of any of the aforementioned rights. Participant shall execute and deliver documents supplied by the Sponsor, at Sponsor’s expense, as may be necessary to vest in Sponsor the rights and waivers provided herein. Participant agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Sponsor or its affiliates, or any other person, on the grounds that any use of the Photo, or any derivative works, infringe or violate any of Participant’s rights therein. Participant grants the Sponsor and its agents the right to associate the Photo with Participant’s name, image, likeness, hometown, biographical information, and employer name/city/state, without limitation and without compensation. Participant shall not receive any compensation or credit for Sponsor’s use of entries, other than that disclosed in these Official Rules.
By submitting a photo entry, each Participant warrants that the Photo: (1) does not infringe any copyright, (2) does not invade anyone’s privacy, (3) does not libel or slander anyone, (4) does not contain behavior inappropriate for a general audience, and (5) is original and has not previously been published. An original is the product of one’s own mind and is not a copy or imitation.
- LIMITATIONS OF LIABILITY: If for any reason this Sweepstakes is not capable of running as planned for any reason, including, without limitation, due to infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, fire, flood, storm, or other natural cataclysm, riot, strike, civil commotion, pandemic, health crisis, government regulation, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and to terminate, modify or suspend the Sweepstakes, in whole or in part, at any time, without notice and award the prizes using all non-suspect eligible entries received as of or after (if applicable) this termination or suspension date. Any person who supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize will forfeit any prize won and may be prosecuted to the full extent of the law. Released Parties assume no responsibility for any incomplete, incorrect, or inaccurate information, whether caused by Website users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer (or any information/material stored therein) relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. CAUTION: ANY ATTEMPT TO DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of a winner based on a social media (Facebook, Instagram, or Twitter) account, the winning entry will be determined by the authorized account holder of the respective social media account submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to the social media (Facebook, Instagram, or Twitter) account by the respective social media platform (Facebook, Instagram, or Twitter).
VII. PRIZES: There will be five (5) Grand Prizes available to be awarded. There will one (1) Grand Prize winner randomly selected each week (Saturday thru Friday) during the Promotion Period. Each Grand Prize Winner will receive a “Barnes Swag Combo” package consisting of a t-shirt, face mask, pens and a Gift Certificate. The maximum Approximate Retail Value (“ARV”) of each Grand Prize is $40. Grand Prize winners may be featured on the billboards or Sponsor Website that display them as winners of the Sweepstakes. Maximum Total Prize Pool – $200.
VIII. PRIZE WINNER SELECTION: The potential winners will be selected from among all eligible entries received, in a series of random drawings conducted by the Sponsor (or its designee), whose decisions are final and not subject to challenge and/or appeal in all matters relating to this Sweepstakes.
Each potential Grand Prize winner will be selected on or about the following dates: April 9, 2021 – from all Sweepstakes entries received, or postmarked, during the following dates: March 27, 2021 thru April 2, 2021 (mail-in entries must be received by April 7, 2021); April 16, 2021 – from all Sweepstakes entries received, or postmarked, during the following dates: April 3, 2021 thru April 9, 2021 (mail-in entries must be received by April 14, 2021); April 23, 2021 – from all Sweepstakes entries received, or postmarked, during the following dates: April 10, 2021 thru April 16, 2021 (mail-in entries must be received by April 21, 2021); April 30, 2021 – from all Sweepstakes entries received, or postmarked, during the following dates: April 17, 2021 thru April 23, 2021 (mail-in entries must be received by April 28, 2021); May 7, 2021 – from all Sweepstakes entries received, or postmarked, during the following dates: April 24, 2021 thru April 30, 2021 (mail-in entries must be received by May 5, 2021). Odds of winning a prize will depend on the total number of eligible entries received for the respective weekly drawing. Each potential winner will be notified by telephone, e-mail address and/or social media messaging. Upon initial notification and verification of eligibility and compliance with these Official Rules of each potential winner, confirmation will be sent to the potential winner via e-mail, or other home delivery service of Sponsor’s choice and the potential winner will be declared an official winner (“Prize Winner”). Limit – one (1) prize per person.
- PRIZE TERMS AND CONDITIONS: The prize winners are required to comply with any and all applicable federal, state and local laws, rules and regulations. Except where prohibited, the each prize winner may be required to sign an Affidavit of Eligibility and Liability/Publicity Release and proof of identity (collectively, the “Prize Acceptance Release”), and return it within three (3) days of written notification. If a prize or prize notification is returned as unclaimed or undeliverable to a potential winner, if potential winner cannot be reached within three (3) calendar days from the first notification attempt, if potential winner fails to return requisite document within the specified time period, and/or if a potential winner is not in compliance with these Official Rules, then such person shall be disqualified and an alternate winner will be selected for the prize at issue, time-permitting. To claim a prize, you will be required to provide your correct full-name, mailing address, date of birth, telephone number and/or e-mail address. The Prize Acceptance Release is subject to verification by Sponsor and all potential winners are subject to verification before any prize will be awarded.
The Sponsor and Released Parties have not made any warranty, representation or guarantee, expressed or implied, in fact or in law, with respect to any prize awarded and specifically disclaim all such warranties, including, without limitation, any warranty of merchantability or fitness for a particular purpose. The prize is awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND either expressed or implied. A prize may not be sold, traded, or commissioned, and is not exchangeable, transferable, or redeemable for cash except in Sponsor’s sole discretion. Prize details and availability are subject to change. There are no substitutions unless specified by the Sponsor. The Sponsor reserves the right at its sole discretion to substitute any prize (or prize component) with another prize (or prize component) of equal or greater value. Prizing may be fulfilled by a third party. The Sponsor and Released Parties are not in any way responsible or liable for damages resulting from shipping and handling, loss, use or misuse of any prize awarded in this Sweepstakes.
The prize winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize they receive. The stated “ARV” of the prizes is based on available information provided to Sponsor, and any difference in ARV at the time of awarding will not be awarded, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. All properly claimed prizes will be awarded.
Each winner’s acceptance of a prize constitutes permission (except where prohibited) for the Sponsor to use the winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state) for any and all public relations, advertising and/or promotional purposes as determined by Sponsor, in all forms of media and by all manners (now and hereafter known), in perpetuity, without notice, consent, review or approval or further compensation.
- MODIFICATION: In no event will Sponsor be obligated to award more prizes than the number of prizes stated in these Official Rules. If for any reason Sponsor determines, in its sole discretion, that the Sweepstakes is no longer capable of running as intended by these Official Rules for any reason whatsoever, Sponsor reserves the right to terminate, suspend, postpone, delay or modify the Sweepstakes, in whole or in part, including, but not limited to, any occurrences described in section VI above, or any other causes which may corrupt or impair the integrity, security, fairness or proper conduct of the Sweepstakes. If Sponsor determines that more prize claims are submitted or more prize notices are distributed than the number of prizes offered in these Official Rules, Sponsor shall immediately suspend all drawings and prize awards, and Sponsor reserves the right to award any remaining prizes (up to the total set forth in these Official Rules) in a manner deemed fair and equitable by Sponsor. For example, Sponsor may select a winner in a random drawing from among the eligible entries received up to the time of the impairment or conducted a random drawing among all prize claimants, and neither Sponsor nor any of the Released Parties shall have any further liability to any Participant in connection with the Sweepstakes.
- RELEASES: All Participants, as a condition of participation in this Sweepstakes, agree to indemnify, release and hold harmless the Sponsor, Released Parties, Facebook, Inc., Instagram, or Twitter, Inc., and each of their respective designees and assigns and all of their respective officers, directors, employees, representatives and agents, from and against any and all liability, claims, damages, injuries or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with: (a) accessing the Sponsor’s Website; (b) participating in any aspect of the Sweepstakes, including, without limitation, while preparing for, participating in and/or traveling to or from any prize or Sweepstakes-related activity, including, without limitation, any injury, damage, death, loss or accident to person or property; (c) the receipt, ownership, possession, use or misuse of any prize awarded; (d) viruses or any downloading or other problems with the Sweepstakes application or; (e) any typographical or other error in these Official Rules or the announcement of offering of any prize. In no event will Sponsor or Released Parties, its affiliates or their respective officers, directors, employees, representatives and agents be responsible or liable for any damages or losses of any kind, whether direct, indirect, incidental, consequential, punitive or other damages. Each Prize Winner bears all risk of loss or damage to his/her respective prize immediately upon receipt.
Furthermore, Participant expressly waives and relinquishes all rights and benefits afforded by Section 1542 of the Civil Code of the State of California, and does so understanding and acknowledging the significance and consequence of such specific waiver of Section 1542. Section 1542 of the Civil Code of the State of California states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Thus, notwithstanding the provisions of Section 1542, and for the purpose of implementing a full and complete release and discharge of the Released Parties, Participant expressly acknowledges that this release is intended to include, in its effect, without limitation, all claims which Participant does not know or suspect to exist in Participant’s favor at the time of execution hereof, and that this release contemplates the extinguishment of any such claim or claims. Participant acknowledges and agrees that this general release is specifically intended to be as broad and comprehensive as permitted by California law.
XII. GOVERNING LAW/ DISPUTES: By participating, Participants agree to be bound by the Official Rules and the decisions of the Sponsor, which are final and binding in all respects. Except where prohibited by law, Participants agree that (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prize awarded, or the determination of the Prize Winner, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Consumer Arbitration Rules of the American Arbitration Association, then effective; and (b) any and all claims, judgments and awards made pursuant to such arbitration shall be limited to actual out-of- pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees or legal costs; (c) under no circumstances will an Participant be permitted to obtain awards for, and Participant 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; and (d) judgment upon the arbitrator’s award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such award and an order of enforcement. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Participants, Sponsor, or the Released Parties in connection with the Sweepstakes, 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 or 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.
XIII. OFFICIAL SWEEPSTAKES RULES REQUEST: For a copy of these Official Rules, send a request specifying Official Rules along with a self-addressed, stamped envelope postmarked by April 30, 2021and received by May 5, 2021 and mail to: Compliance/“Penn Station Domination” Sweepstakes Official Rules, Box 469, Stonington, CT 06378.
XIV. WINNERS LIST REQUEST: To request confirmation of the name and city/state of residence for the prize winners, please send a self-addressed, stamped business size envelope, by June 15, 2021, to: Compliance/“Penn Station Domination” Sweepstakes Winners List, Box 469, Stonington, CT 06378. Requests that are incomplete, or received after June 15, 2021 will not be acknowledged or returned.
- SPONSOR: The Barnes Firm, 500 Pearl Street, Suite 700, Buffalo, NY 14202
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook, Inc., Instagram, or Twitter, Inc. You are providing your information to Sponsor and not to Facebook, Inc., Instagram, or Twitter, Inc. The information you provide will only be used for the purpose set forth in the Official Rules.