OFFICIAL RULES: NEWSDAY POETRY CONTEST
NO PURCHASE NECESSARY TO ENTER OR TO WIN. PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING.
The Newsday Poetry Contest (“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 age thirteen (13) or over 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 10:00 A.M. Eastern Time on April 30, 2019, and ends at 11:59 P.M. Eastern Time on May 27, 2019. Entries must be received during the Contest Entry Period to be eligible to win the Prize.
3. HOW TO ENTER: To enter, either: (a) email an original poem no more than seven (7) lines in length that focuses on what it means to be a good gardening neighbor and/or how you have given or received gardening kindness, along with your full name, mailing address, phone number, to email@example.com with “Garden Poetry” in the subject line; or (b) mail the foregoing poem and information to Jessica Damiano, Newsday, 235 Pinelawn Road, Melville, NY 11747. Upon Newsday’s receipt of an entrant’s successful submission (collectively, “Entry”), that entrant shall receive one (1) entry in the Contest. Each poem 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. If the poem contains any material or elements that are not owned by the entrant and/or are subject to the rights of third parties, the entrant is responsible for obtaining, before submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the poem by Newsday in the manner set forth in these Official Rules, including without limitation, name and likeness permissions from any person who is identifiable in the Entry (or their parents or legal guardians if such persons are minors). Without limitation to the foregoing, Newsday reserves the right to request proof of these permissions in a form acceptable to Newsday from any entrant at any time. Failure to provide such proof, if requested, may result in disqualification.
All Entries must be received by the end of the Contest Entry Period. Failure to submit all required information and submissions in the manner required in these Official Rules may result in disqualification. All Entries become Newsday’s property and will not be acknowledged or returned. Each entrant understands that Newsday has no obligation to display or otherwise include the Entry in/on any Newsday 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 defraud or in any way tamper with the Contest, will void all of that participant’s Entries, and that participant will be disqualified from participating in the Contest. Newsday 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 these Official Rules. Newsday reserves the right, in its sole discretion, to cancel or modify the Contest if not capable of completion as planned for any reason beyond Newsday’s reasonable control, including infection by computer virus, bugs, tampering, unauthorized intervention, force majeure, or technical failures of any sort.
4. SELECTION AND PRIZE: The best Contest submissions will have their poems and names published in Newsday and/or on Newsday.com. The overall winner of the Contest will also receive one (1) copy of the book “Design your Garden Toolkit: Visualize the Perfect Plant Combinations for Your Yard” by Michelle Gervais (the “Prize”). The approximate retail value (“ARV”) of the Prize is $19.95. The Prize winner will not receive the difference between the actual Prize value and the ARV. The Prize is 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 and publication details are in Newsday’s sole discretion.
5. JUDGING AND NOTIFICATION: The best Contest submissions and Contest winner will be selected by one or more members of the Newsday editorial staff (the “Judge(s)”) following the conclusion of the Contest Entry Period. All decisions regarding interpretation of these Official Rules and all matters relating to the 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 entry in the Contest 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 Entry 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: (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. 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 Poetry Contest, 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.
10. RELEASE/INDEMNIFICATION: By entering the Contest, 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 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. The Contest is subject to all applicable federal, state, and local laws, rules, and regulations. 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.