“Win a Manhattan Elite Wedding Reception” Contest Official Rules and Regulations

NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY AGREEMENT MAY BE REQUIRED. Participation constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules, which are final and binding in all respects.

PROMOTION PERIOD: The “Win a Manhattan Elite Wedding Reception” Contest (“Contest”) begins at 12:00:00 am Eastern Time (“ET”) on November 4, 2013 and ends at 11:59:59 p.m. ET on November 18, 2013 (“Promotion Period”).

SPONSOR: The sponsor of this promotion is Spirit Cruises, 401 E. Illinois Street, Suite 310, Chicago, Illinois 60611 (“Sponsor”).

ELIGIBILITY: The Contest is open to legal residents of the New York tri-state area, who are at least 21 years of age or older, engaged to be married, have Internet access and a valid email address, all as of November 4, 2013. Employees, officers, and directors of Sponsor, and its parents, affiliates, subsidiaries, distributors, sales representatives, retailers, and advertising, promotion, judging, and fulfillment agencies, and members of the immediate family (spouse, parent, child, sibling, and their respective spouses), and household of each such employee are not eligible to participate in the Contest. All federal, state and local laws apply. Void outside the New York tri-state area and where prohibited.

ELIGIBILITY: The Contest is open to legal residents of the New York tri-state area, who are at least 21 years of age or older, engaged to be married, have Internet access and a valid email address, all as of November 4, 2013. Employees, officers, and directors of Sponsor, and its parents, affiliates, subsidiaries, distributors, sales representatives, retailers, and advertising, promotion, judging, and fulfillment agencies, and members of the immediate family (spouse, parent, child, sibling, and their respective spouses), and household of each such employee are not eligible to participate in the Contest. All federal, state and local laws apply. Void outside the New York tri-state area and where prohibited.

HOW TO ENTER: Please read all the following information fully. During the Promotion Period, an individual will receive one (1) entry into the Contest by completing and submitting the online entry form, located at http://nymag.com/weddings/entertainmentcruises/ (the “Website”) with: 1) full name, 2) fiancé’s full name, 3) full mailing address, 4) Email address, 5) phone number, and 6) a 100-word minimum written essay telling us your love story and why you deserve a reception aboard Manhattan Elite with a photograph of the couple (optional) submitted to ecnewyork@entertainmentcruises.com. Limit of one (1) entry per person/couple during the entire Promotion Period. All entries are subject to the submission requirements set forth herein

Information you provide is subject to Sponsor’s Privacy Policy located here: http://www.entertainmentcruises.com/Entertainment-Cruises/privacypolicy. If you are selected as a winner, your information may also be included as part of the publically-available winner’s list. Entries that are incomplete, defective, altered, forged or irregular in any way, or are otherwise not in full compliance with these Official Rules or other instructions of Sponsor are void. All entries become the property of the Sponsor, and will not be acknowledged or returned. Entrants may not register with multiple email addresses nor may entrants use any other device or artifice to register multiple times or as multiple registrants. Any entrant who attempts to enter with multiple email addresses under multiple identities or uses any device or artifice to register/play multiple times will be disqualified and forfeits any and all prizes won, in Sponsor's discretion. Should multiple users of the same e-mail account enter the Contest and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said e-mail account at the time of entry will be considered the entrant. “Authorized account holder” is defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address.

Sponsor is not responsible for undeliverable, late, illegible, incorrect, inaccurate, incomplete, or misdirected entries or entry information, or for mechanical errors, typographical errors, computer malfunctions, display viewing problems, faulty transmissions or network errors during the submission of your entry or the hosting of the Contest, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of the entries.

CONTEST SUBMISSION: Submission of an entry grants Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish, use, adapt, edit and/or modify such entry in any way, in any and all media, without limitation, and without consideration to the entrant. Submission of any entry further constitutes the entrant’s consent to irrevocably assign and transfer to the sponsor any all rights, title and interest in the entry, including, without limitation, all copyrights. Any person featured in submissions must sign a release prior to awarding of prize.

BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON SPONSOR’S WEBSITE, IN SPONSOR’S DISCRETION.

By submitting an entry in the Contest, you hereby warrant and represent that your entry conforms to the entry Requirements set forth herein. All entries must be in English, and not more than [insert time] in length.

If you think that any entry infringes your intellectual property rights, click here if you wish to report it http://www.entertainmentcruises.com/DMCA.

ANY ENTRY OR SUBMISSION POSTED TO THE WEBSITE WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER.

Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right to waive the Contest entry requirements set forth herein in its reasonable discretion. Sponsor reserves the right, in its reasonable discretion, during or upon completion of the Promotion Period, to request that any entrant resubmit his or her entry which fails to comply with the Contest entry requirements prior to any period. By submitting an entry, you agree that your submission is gratuitous and made without restriction, and will not place Sponsor under any obligation that Sponsor is free to disclose or otherwise disclose the ideas contained in the submission on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you. Sponsor reserves the right to, and may or may not, monitor/screen entries prior to posting them to its website. By entering, you acknowledge that Sponsor has no obligation to use or post any entry you submit.

By submitting a entry you warrant and represent that it: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) that you have obtained permission from a person who’s name, photograph, or likeness is used in the submission and (f) and that publication of the essay via various media including Web posting, will not infringe on the rights of any third party rights. Any such entrant will indemnify and hold harmless Promotional Parties (defined herein) from any claims to the contrary. Any entrant whose work includes likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Sponsor’s use of such entry, in a form satisfactory to administrator, upon request, prior to award of prize.

By accepting a prize, the winner agrees that its entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her essay, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to their entry. Sponsor reserves the right to alter, change or modify the winning entry, in its sole discretion. Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the entry and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment. Further, Sponsor may request from winner, that the winner secure from the winner’s fiancé, an irrevocable assignment and transfer to Sponsor all of any fiancé’s right, title and interest in and to the winner’s entry, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. The winner’s fiancé may be required to waive in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that the fiancé may now or later have in the entry. Should Sponsor fail to request the said fiancé’s assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment(s).

WINNER SELECTION: On or around December 9, 2013, Sponsor will select one (1) winner from among all eligible entries received. Sponsor will judge all eligible entries equally on the following criteria: romantic appeal, human interest, adherence to contest theme. The one (1) entry receiving the highest score will be Contest winner, subject to verification. In the event of a tie, the tie-breaker will be based upon adding the scores with the score from a new judge, selected by the Sponsor in its sole discretion. Judging decisions are final in all matters relating to this Contest.

Potential prize winner will be notified by email address provided in the entry process within 15 days of the selection. Potential winner is subject to verification, including verification of age. If a potential winner is found not to be eligible or not in compliance with these Official Rules, or if prize notification is returned as undeliverable, the potential winner will be disqualified. In the event that a potential winner is disqualified for any reason, Sponsor reserves the right to award the prize to the entrant with the second highest judging score, even if the disqualified potential winner’s name may have been publicly announced. Potential winner may be required to execute and return an Affidavit of Eligibility/Liability Release and, where lawful, a Publicity release, within 14 days of the date that notice is sent (or such other date as set by Sponsor) or prize may be forfeited and Sponsor shall have the option to award prize to an alternate winner. Winner will be required to submit their Social Security Number or Tax Identification Number and shall receive a 1099 Tax Reporting Form evidencing the value of winnings. Sponsor is not responsible for late, lost, misdirected, or unsuccessful attempts to award the prizes, nor for any change of email address, mailing address and/or telephone number of entrants. By accepting or using a prize, winner consents (and agrees to consent in writing, if requested) to the use of his/her and his/her fiancé’s name, voice, photograph, and likeness for promotional, advertising and publicity purposes in any and all media now known or hereinafter invented, worldwide in perpetuity by the Sponsor without further compensation except where prohibited by law.

PRIZES (1): One winner will receive a wedding reception aboard Manhattan Elite for the winner, fiancé, and up to twenty eight (28) guests. The dream reception includes: (i) a three (3) hour sail along the Hudson River, (ii) 30 minute boarding time, (iii) a Sponsor wedding coordinator, (iv) buffet dining for thirty (30) people, (v) premium open bar for guests 21 years of age and older, (vi) pre-recorded music, and (vii) a wedding cake, and (viii) an overnight stay for the couple at Aloft Harlem Hotel. Approximate retail value (“ARV”): $10,000. ARV is as of date of printing of these Official Rules. The difference in value of prize as stated herein and value at time of prize notification, if any, will not be awarded. Any costs not specified herein (including, but not limited to, transportation to/from point of embarkment and disembarkment) and any other incidental costs or other expenses are sole responsibility of the winner. The food, cake, and music selection will be consulted by winner, but Sponsor will make all final decisions regarding food, cake, and music details in its sole and absolute discretion. All reservations and cruise arrangements including, without limitation, the dates and times are at the sole discretion of Sponsor. The reception must take place between January 1, 2014 and March 31, 2014. In the event, for any reason, the winner cannot hold wedding reception in New York between January 1, 2014 and March 31, 2014, winner may be disqualified and the prize may be awarded to an alternate winner provided sufficient time remains prior to the event period. Limit: one prize per household. Water travel involves uncertainties not present in land facilities. Sponsor may, in its discretion, remain dockside, change the course or schedule of the cruise, discontinue the cruise, or cancel the cruise for any reason. Sponsor shall have no liability arising from any such change of course or schedule, discontinuance, cancellation or other failure to depart from or arrive at any port at the scheduled or announced time. If a cruise is cancelled before commencement, you will be entitled, as your exclusive remedy, to reschedule the cruise at a date mutually agreed upon with Sponsor. All details not specified here will be determined in Sponsor’s sole and absolute discretion.

No alternative prize or other substitution is permitted except as described herein and as elected by Sponsor in its sole discretion. Sponsor reserves the right to substitute prize with another prize of equal or greater value in the event that the prize or any portion thereof, cannot be awarded for any reason. Other restrictions may apply. Prizes are nontransferable and no cash equivalent or substitution of prize is offered, except at the sole discretion of the Sponsor. All federal, state and/or local taxes for the $10,000 prize value, and any other fees or costs associated with the prizes, are the sole responsibility of the winner, regardless of whether it, in whole or in part, is used. The ARV of the prize(s) is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes where required by law. Unclaimed prizes will be not be awarded.

CONDITIONS: By entering, each participant agrees to be bound by these Official Rules and the decisions of Sponsor, which shall be final. Sponsor, its agents, and representatives of Sponsor, their parent companies, affiliates, subsidiaries, advertising, promotion and fulfillment agencies, and legal advisors are not responsible for and shall not be liable for any failures or difficulties that may cause the Contest to become disrupted or corrupted, including: (i) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind; (ii) failed, incomplete, garbled, or delayed computer transmissions; (iii) any condition caused by events beyond the control of the Sponsor; or (iv) any printing or typographical errors in any materials associated with the Contest. Sponsor reserves the right, in its sole discretion, to suspend or cancel the Contest at any time if a computer virus, bug, tampering, unauthorized intervention, or other technical problem of any sort corrupts the administration, security, or proper play of the Contest. Sponsor reserves the right to cancel the Contest or change any element thereof, with or without notice, at any time, due to printing errors, web site errors, transmission errors or other mistakes in the production of the Contest. Sponsor also reserves the right to disqualify, in its sole discretion, any person tampering with the entry process, the operation of the Website, or who is otherwise in violation of the rules. If the Contest, or any part of it, is discontinued for any reason, Sponsor, in its sole discretion, may elect to judge all eligible entries received up to the date of discontinuance according to the judging criteria set forth herein for the prize offered. No more than the stated number of prizes will be awarded. By entering, each participant agrees to be bound by these Official Rules and the decisions of Sponsor, which shall be final. Sponsor, its agents, and representatives of Sponsor, their parent companies, affiliates, subsidiaries, advertising, promotion and fulfillment agencies, and legal advisors are not responsible for and shall not be liable for any failures or difficulties that may cause the Contest to become disrupted or corrupted, including: (i) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind; (ii) failed, incomplete, garbled, or delayed computer transmissions; (iii) any condition caused by events beyond the control of the Sponsor; or (iv) any printing or typographical errors in any materials associated with the Contest. Sponsor reserves the right, in its sole discretion, to suspend or cancel the Contest at any time if a computer virus, bug, tampering, unauthorized intervention, or other technical problem of any sort corrupts the administration, security, or proper play of the Contest. Sponsor reserves the right to cancel the Contest or change any element thereof, with or without notice, at any time, due to printing errors, web site errors, transmission errors or other mistakes in the production of the Contest. Sponsor also reserves the right to disqualify, in its sole discretion, any person tampering with the entry process, the operation of the Website, or who is otherwise in violation of the rules. If the Contest, or any part of it, is discontinued for any reason, Sponsor, in its sole discretion, may elect to judge all eligible entries received up to the date of discontinuance according to the judging criteria set forth herein for the prize offered. No more than the stated number of prizes will be awarded.

BY ACCEPTING PRIZE, WINNER ACCEPTS (AND AGREES TO CONFIRM IN WRITING) THE INHERENTLY DANGEROUS NATURE AND RISK IN RIVER TRAVEL, INCLUDING PERSONAL INJURY AND/OR DEATH, ACKNOWLEDGES THAT HIS/HER PARTICIPATION IN THE PRIZE EVENT IS VOLUNTARY, ACKNOWLEDGES THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF THE ACTIVITIES HE/SHE IS PARTICIPATING IN AND HE/SHE ASSUMES THE RISK OF SUCH FACTORS AND OCCURRENCES AND AGREES THAT TO THE EXTENT PERMISSIBLE BY LAW, RELEASED PARTIES SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH.

By participating in the Contest, each entrant agrees to release and hold Sponsor, New York Weddings Magazine, and each of their employees, officers, directors, shareholders, agents, and representatives, and their parent companies, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies and legal advisors (“Promotion Parties”), from any and all liability, losses, damages, rights, claims and actions of any kind in connection with the Contest or resulting from acceptance, possession, or use of any prize, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy.

BINDING ARBITRATION: Any controversy or claim arising out of or relating to this Contest shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by 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, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.

BY PARTICIPATING IN THE CONTEST, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.

GOVERNING LAW AND JURISDICTION: The Official Rules and the Contest are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Contest, shall be governed by the laws of the state of Illinois without regard to conflicts of laws principles and any matters or proceedings which are not subject to arbitration as set forth herein of these Official Rules and/or for entering any judgment on an arbitration award shall take place in the jurisdiction and venue of the federal, state and local courts located in Chicago, Illinois.

WINNERS LIST: For a winners list, visit the New York Wedding & Spirit Cruises Wedding website or social media page at either http://www.entertainmentcruises.com/Weddings/NewYork/special-offers or https://www.facebook.com/EntertainmentCruisesNY.