Terms & Conditions
1. Limitations on Use: This Website is owned and operated by the Company and is for the user’s personal, noncommercial use. You agree not to modify, copy, distribute, transmit, retransmit, disseminate, display, broadcast, circulate, perform, reproduce, publish, license, create derivative works from, transfer, sell, or commercially exploit, in any way, any information, content, documents, graphics, software, products or services (“Materials”) obtained from the Website, except that the user may view the Website content in its present form and the user may download on any single computer one (1) copy of the Materials for personal, noncommercial home use, provided user keeps intact all copyright, trademark and other proprietary notices. The use of any Materials on any other website or networked computer environment is expressly prohibited. The user recognizes that unauthorized use of the Website content may subject user to civil or criminal liability.
2. The Materials and the Website are the property of the Company or others and are protected by United States copyright law and international copyright treaties. You agree to comply with reasonable requests by the Company to protect its contractual, statutory and common law rights in the Materials. Notwithstanding copyright protection of individual elements appearing on the Website, the Website is protected by copyright law as a collective work and/or compilation. You agree to abide by any and all copyright notices, information, or restrictions contained in the Website. Permission to use the copyrighted content of the Website for commercial purposes must be obtained through the prior written consent of the Company. The Company may withhold its consent for use of the copyrighted content for commercial purposes and will strictly enforce its intellectual property rights under the copyright laws.
3. The Website is protected under United States trademark law. The trademarks, trade names, logos, service marks, product names and company names (the “trademarks”) appearing on the Website are registered and unregistered trademarks of the Company. All other trademarks, logos, service marks, product names and company names on the Website are the property of their respective owners. Under no circumstances should anything appearing on the Website be construed as granting by implication, estoppel or otherwise any form of license or authorization to use, reproduce or distribute the trademarks displayed on the Website. Licenses to use trademarks appearing on the Website may be obtained through the Company prior written consent. However, the Company may withhold its consent. Misuse of trademarks or any Materials comprising the Website is strictly prohibited. By using the Website, you agree to abide by any and all trademark and service mark notices, information or restrictions contained on the Website. Any copied or downloaded content must retain all trademark and service mark notices. The Company will strictly enforce its intellectual property rights under the trademark laws.
4. The Materials published on the Website may include inaccuracies or typographical errors. The Company does not warrant or make any representations regarding the use or the results of the use of the Materials in the Website in terms of their correctness, completeness, accuracy, timeliness, reliability or otherwise.
5. The Company makes no representations or warranties about the Website or the suitability of the Materials contained on the Website for any purpose. THE WEBSITE AND THE MATERIALS ARE PROVIDED TO YOU ON AN “AS-IS” BASIS. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, NO WARRANTY OF TITLE, NO WARRANTY OF NON-INFRINGEMENT AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE WEBSITE OR THE MATERIALS. THE COMPANY MAKES NO WARRANTY OR GUARANTY THAT THE WEBSITE OR THE MATERIALS ARE ERROR-FREE, THAT THEY WILL BE UNINTERRUPTED OR THAT THEY WILL BE CORRECTED. THE COMPANY MAKES NO WARRANTIES (EITHER EXPRESS OR IMPLIED) AND IS NOT RESPONSIBLE FOR ANY DAMAGE INCURRED TO YOUR HARDWARE, SOFTWARE, DATA, OR PROPERTY RESULTING FROM THE WEBSITE OR THE MATERIALS THROUGH ANY VIRUS, WORM, TROJAN HORSE, COMPUTER CODE OR PROGRAMMING DEVICE TRANSMITTED THROUGH THE WEBSITE OR THE MATERIALS OR ANY PORTION OF THIS WEBSITE. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT ITS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CODES OR DEVICES.
6. IN NO EVENT WILL THE COMPANY OR ITS RESPECTIVE OFFICERS, DIRECTORS, EQUITY HOLDERS, AGENTS OR EMPLOYEES BE LIABLE TO YOU OR ANYONE ELSE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, DIRECT OR INDIRECT DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM ACCURACY, COMPLETENESS, TIMELINESS, OR INCONVENIENCE, DELAY, TRANSMISSION ERROR, UNAUTHORIZED USE OR UNAVAILABILITY OF THE WEBSITE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THIS WEBSITE OR THE MATERIALS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE EVEN IF THE COMPANY HAS BEEN ADVISED OF SUCH DAMAGES OR LOSSES. SOME STATES DO NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, THE EXCLUSION OR LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THESE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
7. You agree to defend, indemnify and hold the Company and its officers, directors, equity holders, employees and agents harmless from and against any and all claims, actions, demands, losses, liabilities, costs and expenses (including, but not limited to, attorneys’ fees incurred by the Company in connection with your violation of a third party’s rights) arising from or related to your use of the Website or your violation of these terms of service or any third party’s rights.
8. The Website may contain links to third-party Websites. The links are provided solely as a convenience to you and are not an endorsement by the Company of the content contained in such third-party websites. The Company does not control or guarantee the accuracy or integrity of the content located on linked third-party websites. The Company is not responsible and assumes no liability for the information, content or software of linked third-party websites and does not make any representations regarding the content, quality, safety or accuracy of materials on such third-party websites. If you decide to access third-party websites, you do so at your own risk.
11. This agreement is only assignable by the Company.
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. Eligibility: This Contest is open only to those who follow @MANGIA_NYC on Twitter or Instagram and post a photograph with the hashtag #MANGIA35 and who are 18 years or older as of the date of entry. The Contest is only open to legal residents of United States, and is void where prohibited by law. Employees of Mangia, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Contest. The Contest is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
2. Agreement to Rules: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Mangia as final and binding as it relates to the content of this Contest.
3. Contest Period: Entries will be accepted online starting on March 16, 2017 at 9:00 am eastern time and ending April 30, 2017 at 11:59 pm eastern time. All online entries must be received by April 30, 2017 at 11:59 pm eastern time.
4. How to Enter: The Contest must be entered by following @MANGIA_NYC on Twitter or Instagram and submitting a photo with the hashtag #MANGIA35. The entry must fulfill all Contest requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Mangia. You may enter only once. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Mangia.
5. Prizes: The Winner(s) of the Contest (the “Winner”) will each receive a $350 gift card to Mangia. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by Mangia. No cash or other prize substitution shall be permitted except at Mangia’s discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for Mangia to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
6. Odds: The odds of winning depend on the number of eligible entries received.
7. Winner Selection and Notification: Winner will be selected by Mangia under the supervision of Mangia. Judging consists of a panel of Mangia employees that will review the entries and select a winner. Limit one prize per winner. Mangia reserves the right not to award all prizes in the event an insufficient number of eligible entries meeting the minimum judging criteria are received, as determined by Mangia and Judges in their sole discretion. Entries will be judged on the basis of creativity, photographic quality and effectiveness in expressing the contest theme. Decisions of Mangia and Judges are final and binding. Winner will be notified by email within five (5) days following selection of Winner. Mangia 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, fails to claim the prize within 30 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, 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. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT MANGIA’S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CONTEST, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Entrant Licenses/Releases: By participating You grant Mangia and their designees, licensees or affiliates (the “Authorized Parties”) a non-exclusive, worldwide license through May 2020, to reproduce, distribute, display and post the entries online. In addition, each Winner grants the Authorized Parties a license for use of his/her winning entry in connection with the Contest and promotion of the Contest in any media now or hereafter known. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use.
9. Rights Granted by You: By entering this content (e.g., photo, video, text, etc.), You understand and agree that Mangia, anyone acting on behalf of Mangia, and Mangia’s 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. By entering this content, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of Mangia. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual property rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Mangia from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Mangia may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
10. Terms & Conditions: Mangia 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 Mangia’s control corrupt or affect the administration, security, fairness, or proper conduct of the Contest. In such case, Mangia may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Mangia. Mangia 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 Terms & Conditions. Mangia 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; multiple entries from the same computer in excess of that allowed by Contest 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, Mangia reserves the right to seek damages to the fullest extent permitted by law.
11. Limitation of Liability: By entering, You agree to release and hold harmless Mangia 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 failures 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.
12. Disputes: THIS CONTEST IS GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, 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 connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located in New York County, New York having jurisdiction. 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.
14. Winner List: To obtain a copy of the Winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Mangia, 44 W. 55th Street, NY, NY 10019.
15. Instagram and Twitter: The Contest is hosted by Mangia is in no way sponsored, endorsed, administered by, or associated with Instagram or Twitter.
16. Questions: For additional questions email: email@example.com or write to Mangia 44 W. 55th Street, NY, NY 10019.
17. By submitting your photograph, You, the Contestant, have affirmatively reviewed, accepted, and agreed to all of the Official Rules.