NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
1. DESCRIPTION: The TP’s Irish Pub Lucky Charm Contest (the “Contest”) is a skill-based contest presented by Timothy Patrick’s Irish Restaurant & Sports Pub (the “Sponsor”) beginning at 12:00:01 AM Eastern Time (“ET”) on Friday, August 17, 2018 and ending at 11:59:59 PM ET on Friday, November 16, 2018 (the “Contest Entry Period”). The Contest site’s database clock will be the official timekeeper for the Contest.
By participating in the Contest, each participant (“Entrant”) unconditionally accepts and agrees to comply with, and abide by, these Official Rules and the decisions of the Sponsor, which shall be final and binding in all respects.
2. ELIGIBILITY: The Contest is open to legal residents of the State of New York, age 21 or older at the time of entry, and void outside the State of New York and wherever else prohibited by law. Employees of the Sponsor and subsidiaries, affiliates, agencies, and immediate family members (spouses, parents, children, and siblings and their spouses) of, and/or those living in the same household of each, are not eligible to enter. Contest is subject to all applicable federal, state and local laws and regulations.
There is a limit of one (1) Entry per email address. Each Entry must include an original Essay or Photo.
Although the Sponsor may receive multiple Entries from a participant, only the first complete Entry received from a particular participant will be eligible; subsequent attempts by the same person to enter, including Entries submitted with an alternate email address, will be disqualified. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply. All completed Entries become the property of the Sponsor and will not be acknowledged or returned. Incomplete Entries will not be accepted and are void. Sponsor is not responsible for lost, late, incomplete, illegible, inaccurate, invalid, misdirected, undelivered or delayed Entries.
Participants must have a valid email address to enter and/or win. Multiple participants are not permitted to share the same email address. Any attempt by any participant to obtain more than the stated number of Entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that participant’s Entry and that participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any Entry, the authorized account holder of the email address used to enter will be deemed to be the participant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder.
ENTRIES POSTED TO THE CONTEST SITE REFLECT THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER.
All Entries must comply with the following minimum entry requirements to be eligible. The Sponsor reserves the right in its sole and absolute discretion to reject, remove and/or disqualify any Entry that fails to conform to these requirements, guidelines and restrictions without any notification or warning.
- Entry must be original.
- Essay may not exceed 150 words.
- Once an Entry is submitted, it cannot be modified or deleted by the Entrant.
- Entry and Photo/Essay cannot contain content that is irrelevant to the purpose of the Contest.
- Entry and Photo/Essay cannot be profane, pornographic, sexually explicit or suggestive or contain nudity.
- Entry and Photo/Essay cannot be violent or promote firearms/weapons.
- Entry and Photo/Essay cannot promote illegal drugs or tobacco.
- Entry and Photo/Essay cannot defame, misrepresent or contain disparaging remarks about people, brands, products or companies.
- Entry and Photo/Essay cannot contain content that defaces or depicts any person, brand, product or company in a negative or inappropriate manner.
- Entry and Photo/Essay cannot be obscene or offensive, endorse any form of hate or hate group or be derogatory to any ethic, racial, gender, religious, professional or age group.
- Entry and Photo/Essay cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate.
- Entry and Photo/Essay cannot depict illegal activity and cannot itself be in violation of any law.
- Entry and Photo/Essay cannot in any way reference persons or organizations without written permission from any person or organization whose name or likeness is used.
By submitting an Entry, entrants warrant, represent and agree that: (a) it is the Entrant’s original work and has been legally created; (b) it has not been previously published or distributed in any media; (c) it has not been entered in or won previous contests or awards; (d) it does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other legal or moral rights of any person or entity; (e) the entrant owns all rights, title, and interests in the essay or photo, including, without limitation, any copyrights, and represents and warrants that he/she has full authority to transfer all such rights to Sponsor if and as requested; (f) entrant will indemnify and hold harmless the Sponsor from any claims and damages (including reasonable attorneys’ fees) arising from or relating to the breach or alleged breach of your representations and warranties herein, the Entry, or entrant’s conduct in creating the entry, the acceptance or use of any prize or otherwise in connection with this Contest; and (g) publication of the Entry via various media, including, but not limited to, posting on the Sponsor’s websites and social media sites, will not infringe on any third-party rights. Sponsor reserves the right to remove, reject or disqualify (along with the Entrants who submitted them) any Entry which, in its opinion, violates these Official Rules or acts in a manner that is otherwise inappropriate, which shall be decided at the sole discretion of the Sponsor.
Except where prohibited by law, by participating in this Contest, Entrant grants Sponsor permission to use his/her name, essay, and/or photo for future advertising and publicity purposes in any and all media without additional compensation, notification or permission. By submitting an Entry, Entrant grants the Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Entry in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Entry.
Entries made by any other individual or entity that is not the person named on the submitted Entry or made in any manner inconsistent with these Official Rules will be declared invalid and disqualified from this Contest.
4. WINNER DETERMINATION: All eligible Entries received during the Contest Entry Period will be judged by the Sponsor, who shall use the judging criteria set forth below:
- Originality (40%)
- Creativity (40%)
- Relevance to Question (20%)
The Entry that receives the highest total score based on the judging criteria will be deemed the Grand Prize winner. The five (5) Entries that each receive the subsequent highest scores will each be deems the First Prize winners.
In the event of a tie, the tied Entry with the highest score in Originality will be deemed the Prize winner. If additional tiebreakers are needed, the highest scores in Creativity will be used to determine the Prize winner, followed by the highest scores in Relevance to Question. In the event additional tiebreakers are needed, all tied Entries will be judged by a separate panel of judges using the judging criteria above.
PRIZE/APPROXIMATE RETAIL VALUE (“ARV”): There is one (1) Grand Prize and five (5) First Prizes available to be won:
- One (1) Grand Prize winner will receive one (1) TCL 43S405 43-Inch 4K Ultra HD Roku Smart TV. The ARV of the Grand Prize is $379.99.
- Five (5) First Prize winners will each win $20 Gift Certificates redeemable at Timothy Patrick’s Irish Restaurant & Sports Pub. The ARV of each First Prize is $20.00.
TCL is a registered trademark of TCL North America, Inc. TCL North America, Inc. is not a sponsor of this Contest.
5. NOTIFICATION & VERIFICATION: The potential Prize winner will be notified on or about Monday, November 19, 2018 via email, and will be required to confirm his/her date of birth and prize acceptance. Noncompliance will result in disqualification and the Entrant who received the next highest total judging score will be deemed the Grand Prize winner and will notified. The Grand Prize will be awarded within approximately 45 days after verification.
Grand Prize Winner & First Prize Winners must come to Timothy Patrick’s Irish Restaurant & Sports Pub in person to pick up their prize.
If a prize notification or prize is returned as undeliverable, or if winner is found to be ineligible or not in compliance with these rules that winner will be disqualified, and the prize may be awarded to the entrant with the next highest judging score within his/her Entry Pool. Only two (2) alternate winners may be determined through this process, after which the prize may remain un-awarded.
POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY THE SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
6. PRIZE CONDITIONS: Prize is not redeemable for cash. Prize is not assignable nor transferable. No substitution is permitted except if prize is unavailable, in which case a prize of equal or greater value will be awarded. No cash in lieu of prize and no exchange or substitution of prize, except at the sole discretion of the Sponsor. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility. Winner is responsible for all federal, state, local and income taxes associated with winning prize.
Except where prohibited by law, entry and acceptance of prize constitute permission to use winner’s name, Essay, Photo, prize won, hometown, likeness, video tape, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.
By accepting the prize, winner further agrees to release the Sponsor and their respective subsidiaries, affiliates, advertising and promotion agencies (collectively, the “Released Parties”) from any and all liability, loss or damage of any kind arising out of or in connection with your participation in this Contest or with respect to the awarding, receipt, possession, use and/or misuse of any prize.
The Prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winner acknowledges that the Sponsor and all other businesses affiliated with this Contest and their agents do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of the prize being offered, except that each merchandise prize shall be subject to its manufacturer’s standard warranty (if any).
7. GENERAL CONDITIONS: Participating Entrants agree to these Official Rules and the decisions of the Sponsor, and release and hold the Released Parties and their affiliated companies, and all other businesses involved in this Contest, as well as the employees, officers, directors and agents of each, from all claims and liability relating to their participation in the Contest, and the acceptance and use/misuse of the prize offered. Entrants waive all rights to claim punitive, incidental and consequential damages. The winner assumes all liability for any injury or damage caused or claimed to be caused, by participation in this Contest or use/misuse or redemption of a prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of any prize.
No confidential relationship is established by any Entrant and the Sponsor as a result of participating in the Contest. None of the information submitted by the Entrant or will be treated as trade secrets, confidential information or as protected data.
Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Released Parties are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of submission materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive submission information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in the Contest. By participating in the Contest, you (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor, which are final and binding in all matters relating to the Contest. Failure to comply with these Official Rules may result in disqualification from the Contest. Sponsor reserves the right to: (i) permanently disqualify from any Contest it sponsors any person it believes has intentionally violated these Official Rules; and (ii) withdraw any method of entry or voting mechanism if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Contest). If, for any reason, the Contest is not capable of being conducted as planned, including but not limited to infection by computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failures or other causes whether or not beyond the control of Sponsor, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. Sponsor is not responsible if the Contest cannot be implemented or prizes cannot be awarded due to delays or interruptions due to acts of God, acts of war, strikes, governmental action, natural disasters, weather or acts of terrorism. Sponsor also reserves the right in its sole discretion to disqualify any individual found to be violating these Official Rules or suspected of attempting to disrupt or defraud the Entry process or the operation of the Contest. Sponsor reserves the right to disqualify any Entrant at any time during the Contest Period that may be found ineligible.
8. LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE CONTEST, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
9. GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.
BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) 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, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) 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 NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ 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 YOU.
10. DISPUTES: As a condition of participating in this Contest, entrant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively, before a court located in Rochester, New York having competent jurisdiction, which Court shall apply the laws of the State of New York without regards for doctrines of Conflict of Law. Further, in any such dispute, under no circumstances will entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, nor consequential damages, or any other damages, including attorney’s fees, other than entrant’s actual out-of-pocket expenses (i.e., costs associated with entering this Contest), and entrant further waives all rights to have damages multiplied or increased.
11. ARBITRATION PROVISION: By participating in this contest, each entrant agrees that (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) the entrant may have against the Sponsor arising out of, relating to, or connected in any way with the contest, the awarding or redemption of any prize and/or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Rochester, New York; (4) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the contest; (5) the arbitrator shall apply New York State law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only the entrant’s and/or the applicable Sponsor individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against the entrant or any Sponsor; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Sponsor exceed $125 USD, and the entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on the entrant’s behalf, subject to ultimate allocation by the arbitrator. In addition, if entrant 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 entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of 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, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
13. OFFICIAL RULES REQUEST: To request a copy of the Official Rules, send a self-addressed, stamped envelope by December 16, 2018, to: The TP’s Irish Pub Lucky Charm Contest Official Rules Request, 916 Panorama Trail Rochester, New York 14625-0466.
14. WINNER CONFIRMATION REQUEST: For a written confirmation of the winner (available after December 16, 2018), send a stamped, self-addressed envelope (no later than January 16, 2019), to: The TP’s Irish Pub Lucky Charm Contest Winner Confirmation Request, 916 Panorama Trail Rochester, New York 14625-0466.
15. SPONSOR: Timothy Patrick’s Irish Restaurant & Sports Pub, 916 Panorama Trail Rochester, New York 14625-0466.
Void outside the state of New York and wherever else prohibited by law.