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LifestyleColumnistsJessica Damiano

Official rules: Newsday Great Long Island Tomato Challenge

OFFICIAL RULES: NEWSDAY GREAT LONG ISLAND TOMATO CHALLENGE

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

The Newsday Great Long Island Tomato Challenge (“Contest”) is sponsored by Newsday LLC (“Newsday”). By entering the Contest, 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 the Contest.

1. ELIGIBILITY: The Contest is open only to individuals who are legal residents of New York State. Employees of Newsday, its advertising, fulfillment, or promotion agencies, service providers, agents, officers, parents, subsidiaries, or affiliates, and any other persons or entities directly associated with the 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 Contest.

2. CONTEST ENTRY PERIOD: The “Contest Entry Period” begins at 7:00 P.M. Eastern Time on August 23, 2019, and ends at 8:00 P.M. Eastern Time on August 23, 2019. Entries must be received during the Contest Entry Period to be eligible to win the Prize.

3. HOW TO ENTER: Each entrant wishing to enter the Contest must bring his/her biggest, smallest, and/or ugliest tomato(es) to the “Great Long Island Tomato Challenge” event scheduled to take place on August 23, 2019 at the Campus Center at Farmingdale State College in Ballrooms B and C, 2350 Broadhollow Rd (Rte. 110) in Farmingdale. (Parking available in lot 4A.) Tomatoes must be homegrown, fresh, and not previously frozen. Stems must be removed from submissions in the Heaviest category before weighing. Submissions in the Smallest category must be red. Upon submission of a qualifying tomato, that entrant shall receive one (1) entry in the Contest (each, an “Entry”). All Entries must be submitted in person and received by the end of the Contest Entry Period. All minor entrants must be accompanied by a parent or guardian. Failure to submit all required information and submissions in the manner required in these Official Rules may result in disqualification. The Contest Entities are not responsible for damaged or late Entries. Newsday reserves the right to reject any Entry that it believes, in its sole discretion, to be fraudulent or otherwise invalid or non-compliant with these Official Rules. Newsday reserves the right, at its sole discretion, to cancel or modify the Event and/or Contest without liability.

4. SUBMITTED CONTENT: Prior to the Contest Entry Period, entrants may send Newsday photos of themselves with their tomato seedlings, plants, or developing fruit and/or written details about their growing techniques and tomato varieties (“Submitted Content”). Submitted Content must be the original work of the entrant 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. The copyright in Submitted Content shall remain the property of the entrant, but submission to Newsday constitutes the entrant’s irrevocable, perpetual permission and consent to Newsday and others authorized by Newsday, without compensation or attribution, to (a) use, reproduce, print, publish, transmit, communicate to the public, distribute, sell, and/or display the Submitted Content 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 Submitted Content which may otherwise constitute an infringement of the entrant’s moral rights; (c) edit, adapt, enhance, modify, and/or create derivative works from the Submitted Content; and/or (d) use the entrant’s name, address (city and state), photograph, and/or likeness for editorial, advertising, and/or publicity purposes, without further compensation, unless and to the extent prohibited by law.

5. PRIZES: The prize description and approximate retail value (“ARV”) for each Contest category are as follows:

Contest Category

Prize

ARV

Heaviest (age 18+)

One (1) Visa® or American Express® gift card

$200.00

Heaviest (age 13-17)

Grab bag of miscellaneous items (e.g., books, toys, gardening supplies)

$20.00

Heaviest (age 7-12)

Grab bag of miscellaneous items (e.g., books, toys, gardening supplies)

$20.00

Heaviest (age 6 or younger)

Grab bag of miscellaneous items (e.g., books, toys, gardening supplies)

$20.00

Smallest (all ages)

One (1) Visa® or American Express® gift card

$100.00

Ugliest (all ages)

One (1) Visa® or American Express® gift card

$100.00

Prize winners will not receive the difference between the actual Prize value and the ARV. Prizes are non-refundable. Newsday 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 Newsday’s sole discretion. 

Visa® and American Express® are registered trademarks Visa International Service Association (“Visa”) and American Express Marketing & Development Corp. (“American Express”), respectively. Please be advised that Newsday is not in any way affiliated with Visa or American Express, and the Contest is neither endorsed, nor sponsored, by Visa or American Express.

6. JUDGING AND NOTIFICATION: At the Event, following the conclusion of the Contest Entry Period, one or more members of the Newsday editorial staff (the “Judge(s)”) will select one (1) winner from each Contest category. Entries in the Smallest category will be measured, rather than weighed. Newsday will announce the potential Prize winners at the Event after their selection. If any potential Prize winner fails to respond when Newsday announces his/her selection at the Event, or if he/she is found to be ineligible, or if he/she cannot or does not otherwise comply with these Official Rules, or if he/she refuses the Prize, then the Prize will be forfeited by such potential winner, and Newsday will select an alternate winner from the remaining eligible Entries. In no case shall the Contest Entities or their respective members, officers, directors, employees or agents be liable in any manner where a potential Prize winner has not received notification from Newsday or where Newsday fails to receive a response from the potential Prize winner at the Event. All decisions regarding interpretation of these Official Rules, judging decisions, and all other matters relating to the Contest are within Newsday’s sole discretion and are final and binding.

7. LIKENESS: Entry in the Contest constitutes the entrant’s irrevocable, perpetual permission and consent to use the entrant’s name, address (city and state), photograph, and/or likeness for editorial, advertising, and/or publicity purposes, without further compensation, unless and to the extent prohibited by law.

8. CHOICE OF LAW/LIMITATION OF LIABILITY: EACH ENTRANT AGREES THAT: (A) THE CONTEST SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK; (B) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE 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 of New York, suffolk county, (C) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT ATTORNEYS' FEES, (D) NO PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES MAY BE AWARDED, AND (E) ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM SPECIAL DAMAGES AND ALL RIGHTS TO HAVE SUCH DAMAGES MULTIPLIED OR INCREASED.

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

10. RULES/WINNERS’ LIST: For an additional copy of these Official Rules or a listing of Contest winners, send a self-addressed, stamped envelope to: Newsday Great Long Island Tomato Challenge, 235 Pinelawn Road, Melville, NY 11747. All requests for rules and winners’ lists must be received within six (6) months of the conclusion of the Contest Entry Period.

11. RELEASE/INDEMNIFICATION: By entering the Contest and/or submitting Submitted Content, each entrant agrees: (a) to release and hold harmless the Contest Entities, the Judge(s), 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 Submitted Content; 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.

12. 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. The 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. Newsday’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 Contest, these Official Rules will govern.

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