TikTok & Instagram Contest
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. Eligibility: The 1650 Broadway Associates TikTok & Instagram Contest (“Contest”) running February 2023 is open only to those who are 13 years of age or older.
2. Agreement to Rules: By participating, the contestant (“You”) agree to be fully unconditionally bound by these terms and conditions (“Rules”), and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of 1650 Broadway Associates as final and binding as it relates to the content of this Contest.
3. Contest Period: Entries will be accepted online February 6th 2023 through February 14th 2023. Winner(s) will be chosen by February 15th, 2023.
4. Entries: The entry must fulfill all Contest requirements, as specified, to be eligible to win a prize identified below under TikTok & Instagram Contest Prizes & Value. Entries that are incomplete or do not adhere to the Rules or specifications may be disqualified at the sole discretion of 1650 Broadway Associates.
You are limited to one video submission for this Contest. Multiple video entries will not increase your chances of winning. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the Rules. If You use fraudulent methods or otherwise attempt to circumvent the Rules, your submission may be removed from eligibility at the sole discretion of 1650 Broadway Associates.
5. Prizes: The winner(s) of the Contest (“Winner”) will receive a prize identified below under TikTok & Instagram Contest Prizes & Value. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by 1650 Broadway Associates. No cash or other prize substitution shall be permitted except at 1650 Broadway Associates’ discretion.
The prize is nontransferable. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted.
6. Winner Selection and Notification: Winner will be selected under the supervision of 1650 Broadway Associates. Winner will be notified by the official Ellen’s Stardust Diner TikTok and/or Instagram account by commenting on the winning video as well as a direct message to the winner(s). 1650 Broadway Associates shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information.
If Winner cannot be contacted, is ineligible, or fails to claim the prize within 30 days from the time award notification was sent, the prize may be forfeited, and an alternate Winner selected. Receipt by Winner of the prize offered in this Contest is conditioned upon compliance with any and all federal, state, and local laws and regulations. This Contest is void in jurisdictions where prohibited by law. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (at 1650 Broadway Associates sole discretion) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CONTEST, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
7. Rights Granted by You: In addition to 1650 Broadway Associates privacy policy discussed below, by entering this content (e.g., photo, video, text, etc.), You understand and agree that 1650 Broadway Associates, anyone acting on behalf of 1650 Broadway Associates, and 1650 Broadway Associates licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Contest, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent. Notwithstanding the foregoing, Ellen’s Stardust Diner only intends to use such information received from this Contest for the purpose of rewarding a prize to a Winner and re-sharing the Winners’ video submissions on the Ellen’s Stardust Diner TikTok & Instagram Accounts.
8. Terms & Conditions: 1650 Broadway Associates reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest should virus, bug, non-authorized human intervention, fraud, or other cause beyond 1650 Broadway Associates control corrupt or affect the administration, security, fairness, or proper conduct of the Contest. In such case, 1650 Broadway Associates may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by 1650 Broadway Associates. 1650 Broadway Associates reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Contest or website, or violates these Rules. 1650 Broadway Associates has the right, in its sole discretion, to maintain the integrity of the Contest, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses or other equipment, including cellphones; video submissions in excess of that allowed by the Rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws. Should such attempt be made, 1650 Broadway Associates reserves the right to seek damages to the fullest extent permitted by law.
9. Limitation of Liability: By entering, You agree to release and hold harmless 1650 Broadway Associates and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failure of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
Further, if You are selected as a Winner, by accepting a prize identified below under TikTok & Instagram Contest Prizes & Value, You agree to release and hold harmless 1650 Broadway Associates and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liabilities, claims, demands, rights, controversies, agreements, damages, causes of action, expenses, fees, interest, compensation, judgment, and any damages of any nature whatsoever, whether known or unknown, arising out of or related to the Contest.
10. Disputes: THIS Contest IS GOVERNED BY THE LAWS OF New York, New York, and The United States of America WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Contest, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or related to this Contest, shall be resolved individually, without resort to any form of class action, exclusively before the United States District Court for the District of New York or a state court located in the City and County of New York, New York Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Contest). Participant further waives all rights to have damages multiplied or increased.
11. Privacy Policy: By participating in this Contest, You acknowledge that all Information submitted with an entry is subject to the Privacy Policy stated on the 1650 Broadway Associates website, https://www.ellensstardustdiner.com/privacy/
12. Sponsor: The Sponsor of the Contest is 1650 Broadway Associates
Mailing Address:
1650 Broadway
New York, New York 10019
Phone: (212) 956-5151
Email: privacy@ellensstardustdiner.com
13. By entering this Contest, You have affirmatively reviewed, accepted, and agreed to all of the Rules.
TikTok & Instagram Contest Prizes & Value
Prizes/Value:
One Winner to be chosen from each respective social media platform. The Winner(s) will be awarded one $100 dollar gift card eligible to be used at Ellen Stardust Diner located at 1650 Broadway, New York, New York 10019.
Said gift card will be sent within 2-3 business days from a Winner claiming the prize by responding to the official Ellen’s Stardust Diner accounts’ direct message, in addition to verifying the Winner’s eligibility. After verifying the Winner’s eligibility, the gift card will be sent pursuant to the above timeframe to the winner’s email address that the winner provides to the official Ellen’s Stardust Diner account via direct message.
Instructions for Submissions:
To participate, in addition to complying with the entirety of these Rules, You must be following @EllensStardustDiner on TikTok and/or @EllensStardust on Instagram, and You must tag each respective account in a video and/or photo in from of one of the three eligible “Instagram Walls” outside of the Ellen’s Stardust Diner location at 1650 Broadway, New York, New York.