2023 Seaport X MoonPay →
Scavenger Hunt Sweepstakes
NO PURCHASE NECESSARY. AS A CONDITION OF ENTERING INTO THE SWEEPSTAKES, YOU AGREE TO BE BOUND AND SIGNIFY YOUR AGREEMENT TO BE BOUND BY ALL OF THESE OFFICIAL RULES WITHOUT EXCEPTION. THIS IS A BINDING AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE OFFICIAL RULES, DO NOT ENTER INTO THIS SWEEPSTAKES.
- The 2023 Seaport x MoonPay Scavenger Hunt Sweepstakes (the “Sweepstakes”) is sponsored by Seaport Management Development Company, LLC, a Delaware limited liability company (“Seaport”). There may be more than one winner. The Sweepstakes prize or prizes will only be given away, subject to all of the provisions of these Official Rules (including, without limitation, Paragraph 12 below), and also, the execution and delivery of an Assignment, Waiver and Release Agreement by the winners.
- The geographic scope of this Sweepstakes is the contiguous United States of America.
- The Sweepstakes is subject to all federal, state and local laws. Void where prohibited. Seaport 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.
- The Sweepstakes begins at 8am on Monday, August 21, 2023 and ends at 11:59pm on Friday, November 3, 2023. Seaport’s computer network server is the official time-keeping device for the Sweepstakes.
- The participants understand that they are providing their information to Seaport. The information you provide will be used for administration of the Sweepstakes, for sending you messages regarding promotions, marketing material and otherwise relating to the The Seaport, and as otherwise set forth in these Official Rules [See Paragraph 35 below for SMS Mobile Message terms and conditions]. Any questions that entrants may have about this Sweepstakes must be directed to Seaport.
- 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.
- Employees of Seaport 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 Sweepstakes.
- BY ENTERING INTO THE SWEEPSTAKES, YOU AGREE TO WAIVE YOUR RIGHT TO A TRIAL BY JURY TO THE EXTENT PERMITTED BY LAW IN ANY ACTION OR OTHER LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE OFFICIAL RULES AND THE SWEEPSTAKES. THIS WAIVER APPLIES TO ANY ACTION OR OTHER LEGAL PROCEEDING, WHETHER MADE OR COMMENCED IN CONTRACT, TORT OR OTHERWISE. EACH PARTY ACKNOWLEDGES THAT IT HAS (1) RECEIVED ADEQUATE VALUE AND CONSIDERATION TO EFFECT SUCH WAIVER, (2) ACTED IN RELIANCE ON THE OTHER’S WAIVER AND INTENDS THAT THE SAME BE ENFORCED TO THE FULLEST EXTENT ALLOWED BY LAW, AND (3) BEEN GIVEN THE OPPORTUNITY TO CONSULT WITH INDEPENDENT LEGAL COUNSEL OF ITS CHOICE PRIOR TO EFFECTING THIS WAIVER.
Prizes & Rules
- Sweepstake Prizes: Any and all characteristics and specifications (including, without limitation, type, make, model, brand, color) of any and all Sweepstake prizes, and, the total number of available Sweepstakes prizes, are subject to the sole and absolute discretion of Seaport. Seaport hereby reserves all rights in its sole discretion to change, modify, substitute or cancel any Sweepstake prizes. Notwithstanding anything stated to the contrary herein, Seaport disclaims any and all warranties or guarantees, regardless if express or implied of the availability of any prizes. All prizes must be redeemed within 7 days or another winner will be selected.
- The odds of winning depend on number of participants completing the 2023 Seaport x MoonPay Scavenger Hunt Sweepstakes and alternative entries received. Seaport may choose, in its sole discretion, not to award any Sweepstakes Prize at any time for any reason.
- The Seaport, at its sole discretion, may disqualify any of the entrants for violation of any of these Official Rules.
- Seaport may choose, in its sole discretion, not to award any Sweepstakes Prizes at any time for any reason.
General Sweepstakes Prize Restrictions
- The winner is solely responsible for making all transportation arrangements and is solely responsible for all transportation.
- The Sweepstake Prize must be used in accordance with stated redemption deadlines set forth above in prize description. No refund or compensation will be made in the event of the cancellation or delay of any air or ground transportation.
- Winners assumes sole responsibility for all expenses and incidental costs associated with the Sweepstakes Prize not explicitly outlined above, including without limitation, all federal, state and local taxes (if any), any and all other taxes, passport expenses, fees, passenger tariffs or duties, airline or airport fees, security fees, baggage charges, service charges or facility charges, surcharges on a prize, upgrades, meals, beverages, tips, gratuities, parking, sightseeing, souvenirs, trip or travel insurance, all lodging and transportation expenses not expressly included above, and incidentals.
- All details regarding the Sweepstakes Prize shall be at Prize Provider’s sole discretion. Any Sweepstakes Prize is not redeemable for cash and may not be sold, bartered or auctioned. The Sweepstakes Prize may not be transferred or substituted except that Prize Provider in its discretion may substitute Sweepstakes Prize, or portion thereof, with a prize or portion of equal or greater value if it deems necessary.
- Any portion of the Sweepstakes Prize not used by the winner is forfeited and no cash substitute will be offered or permitted. Sweepstakes Prize offered are provided “as is.”
Additional Sweepstakes Prize Restrictions
- The following additional restrictions apply to the Sweepstakes Prize.
- A Sweepstakes Prize will not be awarded until the winner provides Seaport with proof of eligibility; identity information; and a properly executed Assignment, Waiver and Release Agreement. If a winner fails to provide such information and document or is unwilling to, unable to, or elects not to, the Sweepstakes Prize will be deemed unclaimed and forfeited.
- No purchase is required to enter Sweepstakes. To enter the sweepstakes, participant must physically attend and be present at Seaport’s property located at the South Street Seaport, New York, NY 10038 (the “Property”) in order to participate in the scavenger hunt in connection with the Sweepstakes. While visiting Seaport’s Property, the participant must search for, locate find and scan ten all (10) QR codes in connection with Seaport’s onsite scavenger hunt at the Property. For each QR code scanned, entrant will receive one corresponding token; only upon entrant obtaining all 10 such tokens, will participant be entered into Seaport’s prize drawing. If participant’s entry is a winning entry, Seaport will contact participant. If participant’s entry is not a winning entry, Seaport will not contact participant.
- LIMIT ONE (1) SUBMITTED ENTRY PER PERSON PER DAY (PRIOR TO EXPIRATION OR TERMINATION DATE OF SWEEPSTAKES), SEVEN DAYS PER WEEK. Multiple entries for a single participant, or, additional entries (exceeding participant’s first entry for any given day of during which the Sweepstakes remains in effect) received from any such person on any single day 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.
- Entrants who fail to provide the required information will not be eligible to win and will not be notified by Seaport. Seaport 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 Seaport prior to the stated deadline, and all such entries are void.
Drawing to determine winner
- At Seaport’s sole and absolute discretion, Seaport or its designee will select at random one (1) winner from all timely entries received in compliance with, and subject and pursuant to, all of the terms and provisions hereof. . Each Sweepstakes prize winner shall be subject to verification of eligibility, pursuant to the terms and provisions hereof and all applicable laws.
Notification and verification of winner
- The winner will be notified using the information supplied by such entrant upon submitting its entry online for the Sweepstakes. Winner has twenty-four (24) hours to redeem his/her Sweepstakes Prize. Winner will be asked to execute an Assignment, Waiver and Release Agreement, and return it within thirty (30) days of notification to Seaport.
- In the event that winner: (a) does not redeem the Sweepstakes Prize within seven (7) days from initial attempted certified mail notification; (b) fails to satisfy any eligibility or verification requirement herein; (c) declines to accept the Sweepstakes Prize; (d) fails to sign and deliver to Seaport an Assignment, Waiver and Release Agreement in form and substances satisfactory to Seaport; or (e) is otherwise determined to be ineligible, Seaport in its discretion, may disqualify that individual and an alternate winner will be chosen at the sole discretion of Seaport.
Copyright assignment & publicity release
- To be eligible to receive the Prize, the winner agrees that he/she must execute a separate document that: (a) grants Seaport and Prize Provider as well as their respective affiliates and sublicensees the rights to publicize the winner’s name (in whole or part), photographs (including the use and appearance of winner’s photograph on any web page), likeness, biographical information, and details of winning for purposes of this and future promotions without further compensation, except where prohibited; and (b) contains other terms as determined by Seaport.
Limitation of liability / disclaimer of liability
- Entrants agree that Seaport, and its subsidiaries, employees and related persons, MoonPay, and its subsidiaries, employees and related persons as well as Prize Provider, Prize Provider’s advertising and promotional agencies, and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers, and directors: (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 Sweepstakes or in the printing of this offer, administration of this Sweepstakes , 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 Sweepstakes, or downloading of any software or materials; (d) are not responsible for unauthorized human intervention in any part of the Sweepstakes ; (e) are not responsible for any printing, typographical, technical, computer, network or human error that may occur in the administration of the Sweepstakes, the acceptance of entries, the selection, notification and/or verification of winners, the fulfillment of prizes or in any Sweepstakes -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 Sweepstakes (in whole or in part), the use (including modification, adaptation, and reproduction) of entries during or after the Sweepstakes, and the delivery, acceptance, possession, redemption, use, misuse, loss, or misdirection of any Sweepstakes Prize.
- 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 Sweepstakes is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Sweepstakes.
- Seaport reserves the right to cancel, terminate or suspend this Sweepstakes or any part of this Sweepstakes 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 Sweepstakes as determined by Seaport in its sole discretion, at which time, Seaport will select the winner by conducting a random drawing from among all non-suspect entries received at the time of the Sweepstakes’ cancellation, termination or suspension.
- Seaport reserves the right to prohibit any entrant from participating in the Sweepstakes if, at its sole discretion, Seaport finds such entrant to be tampering with the entry process or the operation of the Sweepstakes , or if such entrant repeatedly shows a disregard for, or attempts to circumvent, these Official Rules, or acts: (a) in a manner Seaport 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 Sweepstakes 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. Any failure by Seaport 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 SWEEPSTAKES 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.
- Seaport reserves the right to correct typographical or clerical errors in any Sweepstakes – related materials. There will be only 1 winner per week for the duration of the Sweepstakes that is conducted by Seaport, which may be cancelled at any time by Seaport in its sole and absolute discretion. In the event that production, technical, seeding, programming or any other reasons cause more than one prize as set forth in these Official Rules to be available and/or claimed, Seaport reserves the right to award only one prize by a random drawing from among all legitimate entries. Seaport is not obligated to select any winner or give away any Sweepstakes Prize and the decision to select winner or award Sweepstakes Prize shall be made at Seaport’s sole discretion.
- By entering the Sweepstakes, 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 Sweepstakes, 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.
- All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants and Seaport in connection with the Sweepstakes, shall be governed by, and construed in accordance with the laws of the State of New York, 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 New York. 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 Sweepstakes, 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 New York, City of New York and the parties consent to jurisdiction therein with respect to any such legal proceedings.
- 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.