Brooklyn Art Contest Official Rules
2020 THANK YOU BROOKLYN ART CONTEST – KINGS PLAZA
1. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO PARTICIPATE IN THIS CONTEST. A purchase will not improve your chance to win. Void where prohibited. Subject to all applicable federal, state and local laws.
2. ELIGIBILITY TO PARTICIPATE. In order to participate in the 2020 Thank You Brooklyn Art Contest at Kings Plaza (the “Contest”), the person submitting artwork for the Contest (the “Entrant”) must be a current legal resident of Brooklyn, NY and must be legal residents of the United States. Employees of the Participating Macerich Shopping Centers, The Macerich Partnership, L.P., The Macerich Company or any of their respective affiliates or subsidiary companies (collectively, "Macerich”), or any of Macerich's advertising and promotion agencies, and website providers (individually or collectively, the “Promoters”) and their immediate family members or others living in the same household may not participate in the Contest. In addition, all Entrants must be at least 18 years old to participate in the Contest.
3. HOW DO I ENTER? Beginning at 12:01 a.m. Eastern Time (“EST”) on November 13, 2020 until 11:59 p.m. EST on December 14, 2020 (the “Promotion Period”), an Entrant may enter the Contest by posting their Artwork (as defined below) to their public Instagram account, tagging @kingsplazamall in the post, and following @kingsplazamall on Instagram for the duration of the Contest (the “Entry Form”). Entrants are eligible for prizes as described below, and referred to individually as a "Winner" and collectively as "Winners". “Artwork” as defined herein means art that (a) is 2 dimensional drawing, photograph, or piece of art; (b) is created in black and white or color; (c) contains no public figures, political statements, or copyrighted brands and logos; (d) does not violate any copyright or common law right of privacy or publicity of any person, firm, or corporation; and (e) is not libelous, obscene, or otherwise offensive as determined by Macerich in its sole discretion.
The Entry Form must be filled out completely. Entry Forms that are incomplete will be disqualified. To complete the Entry Form Entrants may be required to provide contact information to Macerich. Winners are chosen based on the Artwork that, in Macerich’s sole discretion, depicts the grit, resilience, focus, toughness, courage, bravery, strength, perseverance, and fortitude of Brooklyn residents during the Covid-19 pandemic.
By entering this Contest and agreeing to these Official Rules, each Entrant represents and warrants that he or she is the person listed on the Entry Form, the author of the Entry Form, and the artist who created the Artwork submitted in connection with the Contest. Entrants agree to fully indemnify Macerich for all damages incurred as the result of the use of another’s image, photograph, or written work. Entry Forms and Artwork may not be offensive or defamatory, as determined by Macerich in its sole discretion. Macerich is not responsible for incorrect, inaccurate or incomplete entry of information or for entries which are lost, late, delayed, misdirected, electronically garbled, damaged, incompletely received, otherwise defective or lost in cyberspace due to any reason, all of which will void the entry. Proof of sending will not be deemed to be proof of receipt by Macerich. Macerich reserves the right, in its sole discretion, to cancel or suspend this Contest and award a prize from entries received up to the time of termination or suspension should a virus, bug or other causes beyond Macerich’s control, unauthorized human intervention, malfunction, computer problems, phone line or network hardware or software malfunction, which, in the sole opinion of Macerich, corrupt, compromise or materially affect the administration, fairness, security or proper play of the Contest or proper submission of Entry Forms.
Winners (as defined below) will be chosen on December 16, 2020. Entry Forms and Artwork must be submitted via Instagram by December 14, 2020 at 11:59pm EST to be eligible. Winners acknowledge and agree that Winners may be required to email a high resolution copy or send a physical copy of the Artwork to Macerich, as Macerich determines in its sole discretion. Winners further acknowledge and agree that any winning Artwork may be altered, cropped, or resized at Macerich’s sole discretion or to make the Artwork fit any display area at the Participating Center.
4. PARTICIPATING CENTER(S). The following are participating Macerich shopping centers (collectively, the “Participating Macerich Shopping Centers” and each individually, a “Participating Macerich Shopping Center”):
Mall Name | Mall Address | URL Address
Kings Plaza | 5100 Kings Plaza, Brooklyn, NY 11234 | https://www.kingsplazaonline.com/
5. NUMBER OF ENTRIES. Each Entrant may submit only one Entry Form and one Artwork for consideration in the Contest. If multiple Entry Forms and Artworks are submitted by an Entrant, all but the first Entry Form and Artwork received will be ignored. Any attempt by any Entrant to obtain more than one (1) entry during the Promotion Period by using multiple/different email addresses or mobile numbers, identities, registrations or logins, or any other methods may void that participant’s entries and that participant may be disqualified from the Contest. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, Contest entry services) will void all entries by that Entrant. In the event of a dispute as to any online entry, the authorized account holder of the email address used to enter will be deemed to be the Entrant. 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.
6. CONTENT REQUIREMENTS FOR ENTRY FORM.
Once an Entrant has submitted an Entry Form and Artwork, the entry is final and may not be modified or edited. Entrants are solely responsible for transmission of Entry Forms and Artwork and assume all risk that such Entry Forms and Artwork are not received by Macerich or are received incompletely. Macerich shall have no liability or obligation with regard to Entry Forms or Artwork which are not received, or are received incompletely, without regard to the reasons for such incompleteness or non-delivery.
7. CONDITIONS OF ENTRY. As a condition of participating in the Contest, and by submitting an Entry Form and Artwork, Entrant warrants and represents that the Entry Form and Artwork and all of its content:
(a) is original and owned by Entrant;
(b) contains all necessary rights and permissions from persons other than the Entrant who are referenced on the Entry Form or in the Artwork; and
(c) does not infringe the intellectual property, privacy, or publicity rights or any other legal or moral rights of any third party. Macerich’s determination as to whether the content of the Entry Form or Artwork potentially violates the rights of any third party, made in its sole discretion, is final.
In addition thereto, as a condition of participating in the Contest and by submitting an Entry Form and Artwork, Entrant agrees, wherever lawful, to the following:
(i) Macerich may use the name, image, likeness and persona of Entrant in any print, Internet and television advertising, filming behind the scenes, and interviews. All such photographs, audio or video recordings and/or related material shall be the property of Macerich.
(ii) Macerich has the ultimate right, in its sole discretion, to make the final determination on all aspects of any photos, audio, or video recordings of Entrant, including the ultimate use or non-use of the images and/or recordings.
(iii) Entrant assigns or licenses the intellectual property rights in his or her Entry Form and Artwork to Macerich.
(iv) Participation in and assistance with (including providing personal photos and information as requested) photo, audio, and video appearances as reasonably requested by Macerich for a period of up to one year after the end of the Contest.
(v) Participation in media interviews and mentions in press releases for a period of up to one year after the end of the Contest.
(vi) Inclusion in print, television and online marketing and promotional materials for a period of up to one year after the end of the Contest.
(vii) Indefinite use of Entrant’s names, likeness and statements in online channels, including but not limited to Macerich’s website, Facebook, Twitter, and other social media accounts.
(viii) Any other provisions as Macerich may reasonably require, in its sole discretion.
8. HOW ARE WINNERS SELECTED? Winners are chosen from the entries submitted prior to the date of selection by Macerich based on the Artwork that, in Macerich’s sole discretion, depicts the grit, resilience, focus, toughness, courage, bravery, strength, perseverance, and fortitude of Brooklyn residents during the Covid-19 pandemic. 1 Winner will be selected and 2 runners up Winners (the “Runner Up” or “Runners Up”) (collectively, the “Winners”) will be selected. The Winner and Runners Up will be chosen together, and the Winner and Runners Up will be entitled to a prize. Promoters will attempt to contact the Winners by Instagram Direct Message, phone and/or their email, using the information provided on the Entry Form. If Macerich is unable to get in touch with the chosen Winners by December 23, 2020, the prize that such Winners would otherwise have received is irrevocably forfeited, and Macerich may award the prize to another Entrant, as applicable, using the same procedure described above.
In order for a Winner or Runner Up to receive his or her prize, the Winners must sign and return the Affidavit of Eligibility, Publicity & Liability Release (“Affidavit”) referenced below within seventy-two (72) hours from date of notice. After returning the Affidavit, and once the Winners’ checks are ready for pickup at the Participating Center, Winners must pick up the Winning Checks (as defined below) no later 30 days after receiving notice from the Participating Center that the Winning Checks are ready for pickup. Winning Checks may be picked up at the Participating Center management office, located at Kings Plaza Management Office, 5100 Kings Plaza, Brooklyn, NY 11234, during normal business hours.
Odds of winning depend upon the number of entries received.
Winners are subject to verification of eligibility and identity per these rules which must be completely satisfactory as determined by Macerich in its absolute and sole discretion.
9. WHAT WILL THE WINNER RECEIVE?
The Winner will receive a $1,500 check made out to the Winner personally, and the Runners Up will each receive a $250 check made out to each Runner Up personally (the “Winning Check(s)”. Winners may not request prize substitution or cash redemption. Prizes are not transferable. Macerich reserves the right to substitute any prize, or variations of any part of a prize in its sole discretion. Macerich makes no warranties or disclaimers concerning the prizes beyond those customarily given by Macerich or already given by third parties in connection with any part of the prizes.
10. REQUIREMENTS OF WINNERS. As a precondition to the award of a prize, the Winners must:
(a) Return an executed Affidavit and provide a valid photo identification (i.e., driver’s license, US passport).
(b) Return a valid W-9 to the Participating Macerich Property.
(c) In the Affidavit, Winners will be required, wherever lawful, to agree in writing that:
(i) Macerich may use the name, image, likeness and persona of Winners in any print, Internet and television advertising, filming behind the scenes, and interviews. All such photographs, audio or video recordings and/or related material shall be the property of Macerich.
(ii) Macerich has the ultimate right, in its sole discretion, to make the final determination on all aspects of any photos, audio, or video recordings of Winners, including the ultimate use or non-use of the images and/or recordings.
(iii) Winners assign or license the intellectual property rights in his or her winning Entry Form and Artwork to Macerich.
(d) Winners will be required to commit to participate in the Contest without any compensation (other than the prize) or right of approval. Such participation may include, but is not limited to:
(i) Participation in and assistance with (including providing personal photos and information as requested) photo, audio, and video appearances as reasonably requested by Macerich for a period of up to one year after Winners’ selection;
(ii) Participation in media interviews and mentions in press releases for a period of up to one year after Winners’ selection;
(iii) Inclusion in print, television and online marketing and promotional materials for a period of up to one year after Winners’ selection;
(iv) Indefinite use of Winners’ name, likeness and statements in online channels, including but not limited to Macerich’s website, Facebook, Twitter, and other social media accounts.
(v) Winners must agree in writing to such other provisions as Macerich may reasonably require, in its sole discretion.
If Winners fails to complete any of the aforementioned requirements, such Winners may be disqualified and the prize may be awarded to another Entrant, in Macerich’s sole discretion.
11. ADDITIONAL TERMS. Promoters and their promotional and advertising agencies shall have no liability and shall be released and held harmless by Entrants for any damage, loss or liability to person or property, due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of any prize or participation in this Contest. Taxes on any prize and any other expenses, are the sole responsibility of Winners.
13. DISPUTES. Each Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or in connection with this Contest, or any prizes awarded, shall be resolved individually, without resorting to any form of class action, and any judicial proceeding shall take place in a federal or state court within the State of California; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest; and (3) under no circumstances will Entrants be permitted to obtain awards for, and Entrants hereby waive all rights to claim punitive, incidental and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrants and Promoters in connection with the Contest, shall be governed by, and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law, rules or provisions (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California.
14. HOLD HARMLESS. By participating in the contest, Entrants agree to release and hold harmless the Promoters, Macerich, and their employees, officers, affiliates, agents, and advertising and promotional agencies from any and all damages, injuries, claims, causes of actions, or losses of any kind resulting from your participation in this Contest, including infringement of intellectual property rights. Macerich and each of its employees, directors, officers, affiliates, agents, and advertising and promotional agencies assume no responsibility or liability for any damages, injuries, claims, causes of action, or losses of any kind resulting in whole or in part from this Contest.
15. SPONSOR. Macerich Management Company is the sponsor of this Contest. Macerich Management Company reserves the right to cancel the Contest at any time and substitute another promotion in its place.
16. CONTEST RESULTS AND OFFICIAL RULES. To obtain the identity of the Winners and/or a copy of these Official Rules, send a written request to the Participating Center by sending a self-addressed stamped envelope to: Kings Plaza, Winner – c/o Thank You Brooklyn Art Contest. 5100 Kings Plaza, Brooklyn, NY 11234.
© 2020 Macerich, LP. All rights reserved. Contest Entrants are hereby authorized to copy these Official Rules on the condition that it will be for their own personal use and not for any other commercial purpose whatsoever.