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Competition: Knowlita, LLC D.B.A. New York or Nowhere November 23rd - November 29th, 2021 US Giveaway

US OFFICIAL RULES

Void where prohibited by law, in Rhode Island and outside the fifty (50) United States (and. D.C.).  Subject to all applicable federal, state, provincial, territorial and local laws, regulations, and ordinances. Giveaway begins on November 23rd, 2021 at 8 p.m. Eastern Standard Time (“EST”) and ends on November 29th, 2021 at 11:59:00 p.m. EST (the “Giveaway Period”). The Promoter’s agent’s computer/ mobile device is the official time keeping device for this Giveaway. 

  1. Eligibility: Knowlita, LLC D.B.A. New York or Nowhere – November 23rd, 2021 – November 29th, 2021 Instagram Giveaway (the “Giveaway”) is open to legal U.S. residents currently residing in the fifty (50) United States including the District of Columbia, who are at least eighteen (18) years of age or the age of majority in their jurisdiction of residence, whichever is older, as of the date of entry. Employees, officers, and directors of Knowlita, LLC D.B.A. New York or Nowhere, on behalf of and for the benefit of its affiliate companies (“Promoter”), its agent or any of their respective parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, website providers, web masters (collectively, the “Giveaway Entities”), and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Promoter’s decisions, which are final and binding in all matters related to the Giveaway. Winning a prize is contingent upon fulfilling all requirements set forth herein. Promoter reserves the right to verify the eligibility of the winner.
  2. Promoter: Knowlita, LLC D.B.A. New York or Nowhere
  3. How to Enter: During the Giveaway Period, to enter, you must use Instagram (free app available on iPhone and Android), and be following the Knowlita, LLC D.B.A. New York or Nowhere Instagram account (@newyorkornowhere – accessible at: https://www.instagram.com/newyorkornowhere/) (“Promoter’s Instagram”). Entrants must also comment below the Instagram Main Feed post announcing and/or promoting the Giveaway (featuring the social media influencer, Liz Eswein (@newyorkcity)) and posted on the @newyorkcity and @newyorkornowhere Instagram feed by: subscribing to Knowlita, LLC D.B.A. New York or Nowhere’s Attentive SMS platform. 

By completing the foregoing actions you will be entered with one (1) entry into the Giveaway. You must provide all required information to be eligible to enter and win.  You are providing your information to Promoter and Promoter’s agent and not to Instagram.  The potential winner is subject to verification before any prize will be awarded.  Normal Internet access, phone, and usage charges imposed by your online or phone service may apply. Entries that are (i) generated by a script, macro, bot or any other automated means or administered by, or associated with Instagram; or (ii) incomplete, illegible, corrupted, or untimely; or (iii) not in compliance with these Official Rules;  will be disqualified.  Entries must be submitted by the entrant.  The potential winner may be required to show proof of being the authorized Instagram account holder to the Promoter or forfeit the prize.

  1. Selection of Winner:  On or about November 29th, 2021 at 12 p.m. EST, Promoter will select (via its agent) the name of the one (1) potential winners of the prizes using random selection via software.  The odds of winning are based on the number of eligible entries received from the United States.  The potential prize winner will be notified via Attentive SMS or Instagram direct messenger between November 29th, 2021 and December 3rd, 2021. The potential winner may be required to demonstrate control of their Instagram account.  Promoter is not responsible for any change of Instagram, mailing address, email address, and/or telephone number of entrants. Prizes will be shipped to the verified winner’s address (which they must provide upon being requested to do so, in the communication(s) notifying them of their selection as a winner) within thirty (30) days of receipt of a mailing address.  If a potential prize winner (i) cannot be contacted in person via Instagram direct messenger after the first attempt to contact him/her/them, or (ii) does not claim the Prize within seven (7) days of initial notification, or (iii) in the event that a potential prize winner is disqualified for any reason, or (iv) the prize is returned as undeliverable, or (v) does not comply with these Official Rule, Promoter will award the applicable prize to an alternate winner selected at random via software from among all remaining eligible entries.     

Verification of Potential Winners:  THE POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY Promoter and/ or its agent, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE Giveaway.  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.  

 

  1. Prize: One (1) individual winner will receive the following (“Giveaway Prize“): 
  2. Hotel stay at the Four Season’s Downtown with a maximum value of $1,000. Promoter to arrange room on Winner’s behalf based on dates of Winner’s choice between 12/3/21 and 12/31/21.
  3. Two (2) New York Knicks basketball tickets for a game of winner’s choice during the 2021-2022 NBA regular season. Seats will be arranged by the Promoter for the Winner and are guaranteed to be in the 100 section at Madison Square Garden. Maximum value is $500.
  4. One (1) Rimowa “Original Cabin Plus” suitcase in silver valued at $1,240. Exact suitcase can be viewed here. Item will be shipped to a location of Winner’s choice within the USA. 
  5. $1,000 gift card for New York or Nowhere’s online store, which will be delivered to Winner by email. 

Prize Restrictions: Giveaway Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Promoter reserves the right to make equivalent prize substitutions at its sole discretion. Promoter will not replace any lost or stolen prizes.  Prizes cannot be used in conjunction with any other Giveaway or offer. Sizes of each Giveaway Prize subject to availability. If, by reason of a typographical, print or other error, more prizes are claimed than the number set forth in these Official Rules, an alternate winner will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available. Promoter is not responsible for winner’s transportation costs to/from New York and in/around New York.

  1. General Conditions:  Subject to applicable law, Promoter reserves the right to cancel, suspend and/or modify the Giveaway, or any part of it, if any fraud, technical failures or any other factor beyond Promoter’s reasonable control impairs the integrity or proper functioning of the Giveaway, as determined by Promoter in its sole discretion.  Promoter and its agent are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise.  Proof of sending or submission of entry will not be deemed proof of receipt by Promoter. Promoter’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.  

WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS GIVEAWAY OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, PROMOTER RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Promoter reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, the website and/or the legitimate operation of the Giveaway; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person.  Subject to applicable law, if, for any reason, the Giveaway is not capable of running as planned, Promoter may, in its sole discretion, void any suspect entries and (a) terminate the Giveaway (or any portion thereof), (b) modify the Giveaway or suspend the Giveaway to address the impairment and then resume the Giveaway in a manner that best conforms to the spirit of these Official Rules; and/or (c) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.  

  1. Release and Limitations of Liability:  By participating in this Giveaway, entrants agree that Promoter, its agent and their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters, and their respective officers, directors, employees, representatives and agents (the “Released Parties”) are not responsible for:  (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Giveaway; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Giveaway; (4) technical or human error which may occur in the administration of the Giveaway or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Giveaway or receipt or use or misuse of any prize.  No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Promoter reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.

BY PARTICIPATING IN THIS GIVEAWAY, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, AND WHETHER UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL OR EQUITABLE THEORY, INCLUDING BUT NOT LIMITED TO: ANY LOSS OF PROFITS, SALES, BUSINESS OR REVENUE, LOSS OR CORRUPTION OF DATA OR INFORMATION, LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION, ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, WHETHER OR NOT SUCH LOSS OR DAMAGE IS FORESEEABLE, FORESEEN OR KNOWN, ANY LOSS OF PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS GIVEAWAY OR IN ANY GIVEAWAY RELATED ACTIVITY OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY.  THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. 

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS GIVEAWAY INCLUDING ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.  CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

  1. Publicity Release.   EXCEPT WHERE PROHIBITED BY LAW, WINNER GRANTS TO PROMOTER AND ITS AGENT (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF PROMOTER OR ITS AGENT), THEIR SUBSIDIARIES, AFFILIATES, RETAILERS, DISTRIBUTORS, ADVERTISING AND GIVEAWAY AGENCIES, SUPPLIERS, AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE WINNER’S ENTRY, NAME, AND INSTAGRAM HANDLE FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON SOCIAL MEDIA) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.  
  2. ARBITRATION: By participating in this Giveaway, each entrant agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, the Sponsor relating to, arising out of or connected in any way with (a) the Giveaway, (b) the awarding or redemption of the Prize, and/or (c) 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; (ii) 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; (iii) the arbitration shall be held in Massachusetts; (iv) 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 entrant may have entered into in connection with the Giveaway; (v) the arbitrator shall apply Massachusetts law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or Promoter’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Promoter; (viii) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Promoter exceed $125, and entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Promoter agrees to pay them and/or forward them on entrant’s behalf, subject to ultimate allocation by the arbitrator; (ix) if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Promoter 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 (x) with the exception of subpart (vi) 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 (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Promoter 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.
  3. PRIVACY NOTICE: Any personal information sent to, shared with or collected by Promoter in connection with this Giveaway is subject to Promoter’s Privacy Policy found at:  https://newyorkornowhere.com/pages/privacy-policy. Promoter, its agent and their affiliates, subsidiaries, representatives or service providers may use entrants’ and/or referrals’ personal information submitted with entry for purposes of managing the Giveaway, for prize fulfillment and/or for future marketing by Promoter, including to notify them of a product or promotion that Promoter thinks may be of interest.
  4. Official Rules and Winner List: For a copy of the Official Rules and winner’s list, visit: https://newyorkornowhere.com/pages/nyon-giveaway
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