Mar 14 - 17
The Outlet Collection at Riverwalk
2019 St. Patrick’s Day IT’SUGAR Gift Card Giveaway
1. NO PURCHASE NECESSARY. The Outlet Collection at Riverwalk “St. Patrick’s Day IT’SUGAR Gift Card Giveaway” (the “Giveaway”) is sponsored by Riverwalk Management Development Company, LLC, a Delaware limited liability company (“Riverwalk”). There will only be one winner. The prize will be given away, subject to the execution and delivery of an Assignment, Waiver and Release Agreement by the winners.
2. The geographic scope of the Giveaway is the contiguous United States of America.
3. The Giveaway is subject to all federal, state and local laws. Void where prohibited. Riverwalk shall be entitled to interpret these Official Rules as needed — including, but not limited, to rules regarding entries, selection of winners, deadlines, restrictions on prizes, and eligibility — and all of its decisions are final. By entering, entrants agree to these Official Rules. Limit one (1) entry per person.
4. The Giveaway begins on March, 14, 2019 and ends on March 17, 2019 at 12pm CST. Riverwalk’s computer network server is the official time-keeping device for the Giveaway.
5. The participants understand that they are providing their information to Riverwalk. By entering into this Giveaway, each entrant agrees to the use by Riverwalk and its affiliates of his or her personal information (for example, name and likeness) and submitted content as set forth in more detail in these Official Rules. Any questions that entrants may have about this Giveaway must be directed to Riverwalk.
6. All entrants must be at least eighteen (18) years old or older, and a legal resident of the forty-eight (48) contiguous United States or the District of Columbia at the time of entry and at the time of prize receipt.
7. Employees of Riverwalk and its subsidiaries, affiliates, shareholders, officers, directors, agents, vendors and representatives, and the members of their immediate families (defined as spouse, parents, siblings or children) and households (whether or not related), are not eligible to enter the Giveaway.
PRIZES AND RULES
8. Giveaway Prize: Giveaway Prize consists of one $25.00USD Gift Card to IT’SUGAR. (“Giveaway”).
9. The odds of winning depend on the number of entries received and the guess that you make correctly matching or coming closest to the number of gummy candy pieces in the jar. Riverwalk may choose, in its sole discretion, not to award any Giveaway Prize.
10. Winner will be the person who is the first to comment with the correct number of gummy candy pieces in the jar or the person who comes closest to the correct number without going over. A jury panel comprised of persons appointed by Riverwalk will select the prize winner.
11. A submission must not contain offensive, libelous, sexually explicit, disparaging or other inappropriate content and may not defame or otherwise violate the rights, copyrights, trademarks or rights of publicity, privacy or reputation of any third party. A submission may not contain any material to promote the sale of a product or service.
12. Riverwalk, at its sole discretion, may disqualify any entries if the submission does not fit the guidelines set forth in these Official Rules.
GENERAL GIVEAWAY PRIZE RESTRICTIONS
13. Winner assumes sole responsibility for all expenses and incidental costs associated with the Giveaway Prizes not explicitly outlined above, including without limitation, all federal, state and local taxes (if any), any and all other taxes. All details regarding the Giveaway Prizes shall be at Riverwalk’s sole discretion. Any Giveaway Prize in the form of Riverwalk Gift Certificate is not redeemable for cash and may not be sold, bartered or auctioned. The Giveaway Prizes may not be transferred or substituted except that Riverwalk in its discretion may substitute any Giveaway Prize, or portion thereof, with a prize or portion of equal or greater value if it deems necessary.
14. Giveaway Prize offered are provided "as is."
ADDITIONAL GIVEAWAY PRIZE RESTRICTIONS
15. The following additional restrictions apply to the Giveaway Prize.
16. A Giveaway Prize will not be awarded until the winner provides Riverwalk with proof of eligibility; identity information; and a properly executed assignment, waiver and release document. If a winner fails to provide such information and documents or is unwilling to, unable to, or elects not to, the Giveaway Prize will be deemed unclaimed and forfeited.
17. Entries will be accepted beginning March 14, 2019 and ending on March 17, 2019 at 11:59am CST.
18. To enter, you must (i) “comment” with your guess of how many gummy candy pieces are in the mason jar pictured in the Giveaway post.
19. Limit one (1) entry per person. Additional entries received from any such person or email address thereafter will be void. Any use of robotic, repetitive, automatic, programmed, script, macro, or any other automated means or similar entry methods or agents (including, but not limited to, contest-entry services) are prohibited and will void all entries submitted by that entrant.
20. In the event of a dispute as to the identity or eligibility of a winner, the winning entry or entries will be deemed made by the "Authorized Account Holder" of the Instagram account used at time of entry. "Authorized Account Holder" is defined as the natural person, eighteen (18) years of age or older, who is assigned to Instagram account by an Internet access provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning Instagram accounts or the natural person, eighteen (18) years of age or older.
21. Entrants who fail to provide the required information will not be eligible to win and will not be notified by Riverwalk. Riverwalk is not responsible for, and entrants assume all risk of, entries that are lost, misdirected, mutilated, garbled, distorted, truncated, incomplete, not legible, if they contain errors or if for any reason they are not received by Riverwalk prior to the stated deadline, and all such entries are void.
23. By entering the Giveaway, each entrant hereby expressly, permanently, and irrevocably waives any causes of action entrant may have on account of, and releases Riverwalk, its affiliates, and their representatives, successors, and assigns (collectively, the “Riverwalk Entities”) from any and all liability that may arise from: (a) the use of entrant’s Rights of Publicity or Submitted Content as permitted herein; (b) any rights arising under U.S. federal or state law or under the laws of any other country that convey any moral right or droit moral in any Submitted Content; and (c) any claim of alteration, distortion, blurring, optical illusion, faulty mechanical reproduction, or use in composite form, either intentionally or otherwise, that may occur in the production of images, media, and other materials incorporating the Submitted Content or Rights of Publicity or other promotional materials or in any subsequent processing, distribution, or other use thereof. By entering the Giveaway, each entrant hereby expressly, permanently, and irrevocably waives any inspection or approval of any draft or finished printed, electronic, or other images, media, and other materials incorporating the Submitted Content or Rights of Publicity now or in the future, whether that use is known or unknown to entrant. The Riverwalk Entities shall have no obligation to use the Submitted Content or Rights of Publicity in any fashion.
24. By entering the Giveaway, each entrant hereby represents and warrants that (a) the Submitted Content is the original work of entrant and does not and will not infringe or misappropriate the intellectual property rights, publicity, privacy, or other personal or proprietary right of any third party or violate any agreement or other obligation of entrant, and (b) he or she has obtained all rights, licenses, and consents necessary to grant the licenses to the Submitted Content hereunder (and, in the event entrant is chosen as a finalist or winner, assign sole ownership to the Submitted Content), including without limitation obtaining a legally binding, transferable, signed written Permission & Release form, in the form provided by Riverwalk for use in the Giveaway, from all relevant third parties, including but not limited to persons recorded or otherwise depicted in the Submitted Content and owners of intellectual property that is recorded or otherwise depicted in the Submitted Content.
NOTIFICATION & VERIFICATION OF WINNERS
25. The winners will be notified through Direct Message on Instagram in accordance with the information supplied to Riverwalk. Winner has forty-eight (48) hours to redeem his/her Giveaway Prize. Each Winner will be asked to execute an affidavit or declaration of eligibility, assignment, waiver, and release document, and return these documents within thirty (30) days of notification to Riverwalk. Without limiting the license to Rights of Publicity above, upon verification of eligibility, each finalist’s name and other Rights of Publicity may, in Riverwalk’s sole discretion, be posted at http://www.riverwalkneworleans.com.
26. In the event that a winner: (a) does not redeem their Giveaway Prize within thirty (30) days from initial attempted Instagram Direct Message notification; (b) fails to satisfy any eligibility or verification requirement herein; (c) declines to accept the Giveaway Prize; or (d) is otherwise determined to be ineligible, Riverwalk in its discretion, may disqualify that individual and an alternate winner will be chosen at the sole discretion of Riverwalk.
COPYRIGHT ASSIGNMENT AND RELEASES
27. To be eligible to receive a Giveaway Prize, winner agrees that he/she must: (a) execute a separate document that without further compensation: (i) assigns to Riverwalk sole copyright ownership in the Submitted Content, and (ii) confirms the terms of these Official Rules, including but not limited to terms regarding Rights of Publicity; and (b) provide an executed Permission & Release form from all relevant third parties, including but not limited to persons recorded or otherwise depicted in the Submitted Content and owners of intellectual property that is recorded or otherwise depicted in the Submitted Content.
LIMITATION OF LIABILITY/DISCLAIMER OF LIABILITY
28. Entrant agree that Riverwalk, Riverwalk Entities, Instagram, and a range of subsidiaries, employees and related persons: (a) are not responsible for technical failures of any kind, including but not limited to lost, disconnected, interrupted, or unavailable network, server, or other connections, late, lost, undeliverable, damaged or stolen mail, or for any failed telephone or computer hardware or software, or for any failed, delayed, misdirected, corrupted, or garbled transmissions or errors of any kind, whether human, mechanical, or electronic, or for entries that for any reason are not received by Seaport by the deadlines stated above; (b) are not responsible for any incorrect or inaccurate information, whether caused by entrants, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Giveaway or in the printing of this offer, administration of this Giveaway, or in the announcement of any prizes; (c) are not responsible for any injury or damage to any computer, modem or other electrical device as a result of participation in this Giveaway, or downloading of any software or materials; (d) are not responsible for unauthorized human intervention in any part of the Giveaway; (e) are not responsible for any printing, typographical, technical, computer, network or human error that may occur in the administration of the Giveaway, the acceptance of entries, the selection, notification and/or verification of winners, the fulfillment of prizes or in any Giveaway-related materials; (f) are not responsible for any unauthorized third party use of any entry or entries; (g) are not responsible for the inability to select any winner(s) because of postal failure, equipment failure, or data storage failure; and (h) are released from any and all alleged, existing, or future actions, claims, and/or liabilities of whatever nature including, but not limited to, personal injury, bodily injury (including, without limitation, wrongful death and disability), property damage, and expense (including, without limitation, reasonable attorneys' fees) and loss or damage of any other kind, arising in whole or in part directly or indirectly, from participating in the Giveaway (in whole or in part), the Permission & Release form, the use (including modification, adaptation, and reproduction) of entries, Submitted Content, or Rights of Publicity during or after the Giveaway, and the delivery, acceptance, possession, redemption, use, misuse, loss, or misdirection of any Giveaway Prize.
29. Instagram will not have any liability or responsibility for any claim arising in connection with participation in this Giveaway or the Giveaway Prize awarded. Instagram has not offered or sponsored this Giveaway in any way.
30. Any third party trademarks mentioned herein are the property of their respective trademark owners. The use or mention of such third party trademarks in these Official Rules or in the Giveaway is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Giveaway.
31. Riverwalk reserves the right to cancel, terminate or suspend this Giveaway or any part of this Giveaway should any non-authorized intervention, network failure, information storage failure, telecommunications failure, malfunction, or other causes beyond its control, corrupt or impair the security, administration, fairness and/or operation of this Giveaway as determined by Riverwalk in its sole discretion, at which time, Riverwalk will select the winner by conducting a random drawing from among all non-suspect entries received at the time of the Giveaway’s cancellation, termination or suspension.
32. Riverwalk reserves the right to prohibit any entrant from participating in the Giveaway if, at its sole discretion, Riverwalk finds such entrant to be tampering with the entry process or the operation of the Giveaway, or if such entrant repeatedly shows a disregard for, or attempts to circumvent, these Official Rules, or acts: (a) in a manner Riverwalk determines to be not fair or equitable; (b) with an intent to annoy, threaten or harass any other entrant or Sponsors; or (c) in any other disruptive manner. Any person attempting to defraud or tamper with this Giveaway in any way will be ineligible for prizes and may be prosecuted to the full extent of the law. Tampering includes attempting to enter more than the number of entries permitted by these Official Rules including by using any automated device or by using more than one (1) e-mail address or Instagram handle. Any failure by Riverwalk to enforce any of these Official Rules shall not constitute a waiver of such Official Rules. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SEAPORT RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
33. Riverwalk reserves the right to correct typographical or clerical errors in any Giveaway-related materials. Up to three (3) winners may be awarded. Riverwalk is not obligated to select any winners or give away any Giveaway Prizes and the decision to select winners or award Giveaway Prizes shall be made at Riverwalk’s sole discretion.
34. By entering the Giveaway, entrants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with these Official Rules, the Prize(s), or any prize awarded, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Giveaway, but in no event attorneys' fees; and (c) under no circumstances will any entrant be permitted to obtain any award for, and entrants hereby waive all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages other than actual out-of-pocket expenses. Some jurisdictions do not allow for limitations on the ability to pursue class action remedies or certain kinds of damages, and so these limitations may not apply to you.
35. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants and Riverwalk in connection with the Giveaway, shall be governed by, and construed in accordance with the laws of the State of Louisiana, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of Louisiana. Any legal proceedings or disputes of any nature and under any theory (including without limitation claims sounding in tort, breach of contract, or otherwise) arising out of or relating to this Giveaway, these Official Rules, or any prize offered or awarded hereunder, shall be instituted only in the federal or state courts located in the State of Louisiana, City of New Orleans and the parties consent to jurisdiction therein with respect to any such legal proceedings.
36. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. 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 be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.