PARTY LIKE A GIANT BROUGHT TO YOU BY PARTY CITY OFFICIAL RULES NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. THIS CONTEST IS OPEN ONLY TO RESIDENTS OF NEW YORK, NEW JERSEY AND CONNECTICUT WHO ARE 18 YEARS OF AGE OR OLDER AS OF THE DAY UPON WHICH THEY ENTER. VOID OUTSIDE NEW YORK, NEW JERSEY AND CONNECTICUT AND WHERE PROHIBITED. PLEASE DO NOT PROCEED IN THIS SITE IF YOU ARE NOT A LEGAL RESIDENT OF NEW YORK, NEW JERSEY AND CONNECTICUT AND AT LEAST 18 YEARS OF AGE. 1. SPONSOR OF THE PARTY LIKE A GIANT (the PROMOTION ). The Sponsor of the Promotion is the New York Football Giants, Inc., Timex Performance Center, 1925 Giants Drive, East Rutherford, New Jersey 07073. 2. ELIGIBILITY. The Promotion is open only to legal residents of the NEW YORK, NEW JERSEY AND CONNECTICUT who are at least eighteen (18) years old at the time of entry. Employees, officers, representatives and their immediate family members and household members, whether or not related, of the New York Football Giants, Giants Stadium LLC, and their respective parent companies, subsidiaries, affiliates, advertising or promotional agencies, and dealers (the Promotion Entities ) and the NFL Entities (as defined below) are not eligible to participate. No groups, clubs, or organizations may participate in this offer or reproduce or distribute any portion of these Official Rules or entry forms to their members. For purposes of the Promotion, immediate family members means parents, spouses, children, siblings and grandparents, regardless of where they reside, and those living in their same households whether or not related. Selection as a Finalist, as defined below, or winning a prize is contingent upon fulfilling all requirements set forth herein. VOID OUTSIDE OF NEW YORK, NEW JERSEY AND CONNECTICUT AND WHERE PROHIBITED. 3. ENTRY PERIOD AND VOTING PERIOD FOR THE PROMOTION. The period for submitting Entries begins on Sunday, January 22, 2012 at 1:00 pm Eastern Time ( ET ) and ends on Wednesday, January 25, 2012 at 4:00 pm ET ( Entry Period ). Sponsor must receive all Entries no later than Wednesday, January 25, 2012 at 4:00 pm ET. After the close of the Entry Period, Sponsor will select the winner based upon the most votes received via Likes on Facebook. The Winner will be announced on Friday, January 27, 2012. Sponsor s time clock is the official time-keeping device for the Promotion. Limit one (1) Entry per person, for the duration of the Entry Period. All Entries received after valid dates and times are void and ineligible, and all votes received after valid dates and times shall be null and void. All Entries become the property of Sponsor and will not be returned. Proof of sending or submission of an Entry or vote will not be deemed to be proof of receipt by Sponsor. ENTERING THE PROMOTION. During the Entry Period, you may enter by going to the website of the New York Football Giants at www.giants.com/partyphotos and follow the
instructions. Only on-line entries through the Giants designated website at www.giants.com/partyphotos will be accepted; no other submissions will be accepted. A. Each Entry must include a photo. The photo submitted must depict the Entrant primarily. The photo submitted must be in.jpg or.gif format and cannot exceed 200 KB in size. We are looking for photos that depict the Giants greatest fans and football traditions in a positive light. B. Upon your completion and submission of your Entry, you automatically will receive one (1) entry into the Promotion. All Entries must be received during the Entry Period to be eligible. All Entries received after valid dates and times are void and ineligible. LIMIT ONE (1) ENTRY PER PERSON. Multiple Entries received from any person after the first Entry received from that person will be void. The use of mechanically reproduced, script, macro, automatic programmed, robotic, third-party software, third-party website, or similar means of entry is prohibited, and entries by any means which subvert the entry process, and individuals engaging in such practices will be disqualified. Entries may not contain, as determined by Sponsor, in its sole discretion, any content that: is sexually explicit or suggestive; violent or derogatory of any ethnic, racial, gender, religious, professional or age group; is profane or pornographic; or contains nudity; promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message; is obscene or offensive; endorses any form of hate or hate group; appears to duplicate any other submitted Entries; defames, misrepresents or contains disparaging remarks about other people or companies; contains any infringing uses of trademarks, logos, or trade dress, other than the New York Giants (such as distinctive packaging or building exteriors/interiors) owned by others, without permission; contains any personal identification, such as license plate numbers, full personal names, e-mail addresses or street addresses; contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission; contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission; contains look-alikes of celebrities or other public or private figures, living or dead; communicates messages or images inconsistent with the positive images and/or good will to which we wish to associate; and/or violates any law. 2
Entry must be the original work of the entrant, may not have been previously published, may not have won previous awards, must be in keeping with the Sponsor s image, must not be offensive or inappropriate, as determined by Sponsor in its sole discretion, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Entry contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Entry. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof, if requested, may render Entry null and void. By submitting an Entry, entrant warrants and represents that he/she and any persons appearing or who are identifiable in the Entry consent to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein. Sponsor reserves the right to disqualify any Entry that it determines, in its sole discretion, is offensive or inappropriate, not in keeping with Sponsor s image or that is otherwise not in compliance with these Official Rules. By submitting an Entry, entrant acknowledges and agrees that Sponsor may obtain many Entries in connection with this Contest and/or other contests staged and/or promoted by the Sponsor, and that such Entries may be similar or identical in theme, idea, format or other respects to other Entries submitted in connection with this Contest and/or other contests sponsored by the Sponsor or submitted for other reasons. Entrant waives any and all claims entrant may have had, may have, and/or may have in the future, that any Entry and/or other works accepted, reviewed and/or used by the entrant may be similar to his/her Entry, or that any compensation is due to entrant in connection with such Entry or other works used by Sponsor. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, misdirected, stolen, illegible, undelivered, inaccurate, or misrouted Entries or email or any computer, online, network, hardware or software malfunction, telephone, or technical malfunctions that may occur. All such Entries and late entries will be disqualified. Sponsor, in its sole discretion, may also disqualify any entrant from the Promotion if it, in its sole discretion, believes that an entrant has failed to follow these Official Rules. By entering the Promotion, each entrant represents and warrants that he/she has complied with and will comply with these Official Rules. Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion. Subject to verification of eligibility and compliance with these Official Rules, use of script, macro or any automated system to vote or with the intent to impair the integrity of the voting process is prohibited and all such votes will be void. 4. SELECTION OF THE WINNER A. There will be only ONE (1) Winner (unless there is a tie; see Paragraph 4 B. below). The Winner will be determined by the most number of Likes on Facebook, which are accumulated by clicking the link on the Promotion page at www.giants.com\partycity. Sponsor will determine the winning vote-getters, and 3
then will determine eligibility as set forth in these rules. If the person with the most votes is not eligible, as determined by these rules, then that person will be disqualified and Sponsor will determine the eligibility of the next-highest vote getter, until an eligible Winner is identified. B. In the event of a tie, Sponsor reserves the right to award additional prizes or to have a run-off voting period to select a winner from among those Entrants who are tied. C. Within two (2) days after being notified, the potential Winner must sign and return (via fax or electronic mail, with the original by regular mail) to Sponsor an Affidavit of Eligibility, Liability and Publicity Release, and an agreement regarding participation in this Promotion and the fulfillment of the Prize ( Affidavit ), if chosen as the Winner. D. If a potential Winner is unavailable, cannot be contacted or fails to sign and return the Affidavit within the required time, or if the potential Winner is not in compliance with these Official Rules or for any other reason, in Sponsor s sole discretion, the potential Winner forfeits his/her eligibility. In the event that a potential Winner is disqualified for any reason, Sponsor will select the next runnerup Winner from among all remaining eligible Entries, time permitting. Potential Winners must continue to comply with all terms and conditions of these Official Rules, and being designated as a Winner (if selected) is contingent upon fulfilling all requirements set forth in these Official Rules. 5. WHAT THE WINNER GETS. The Winner will receive a $200 Gift Certificate to Party City. A. The Winner may not substitute, assign or transfer the prize, or redeem for cash, and no substitution will be made unless Sponsor, in its sole discretion, determines otherwise. Sponsor reserves the right, at its sole discretion, to substitute prize (or portion thereof) with one of comparable or greater value. B. All federal, state and/or local taxes and all other costs associated with prize acceptance are the sole responsibility of the Winner. 6. OWNERSHIP/USE OF ENTRIES: By submitting an Entry, each entrant agrees Sponsor shall own the Entry submitted (including all rights embodied therein) and that it and its designees may exploit, edit, modify, distribute, publicly display, and create derivative works from the Entry and all elements of such Entry, including, without limitation, the names and likenesses of any persons or locations embodied therein, in any and all media now known or hereafter devised, worldwide, in perpetuity without compensation, permission or notification to entrant or any third party. 7. LIMITATION OF LIABILITY. The Sponsor, Promotion Entities, the NFL Entities, and each of their respective parents, subsidiaries and affiliates and each of their respective officers, directors, shareholders, agents and employees is not responsible for incorrect or 4
inaccurate entry of information, human error, unavailable network, server, Internet Service Provider (ISP), or website, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, line failure, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions, of any telephone, computer or other network, computer equipment, software or any combination thereof, inability to access the Promotion Website, or errors or typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of entries, the incorrect uploading of a photo, the announcement of the prize, or in any Promotion-related materials or these Official Rules. 8. OTHER TERMS AND CONDITIONS. All federal, state and local laws and regulations apply. By entering the Promotion, Entrants and Winner accept the conditions stated in these Official Rules, agree to be bound by the decisions of the Sponsor, and warrant that they are eligible to participate in the Promotion. By entering the Promotion, Entrants and Winner also grant Sponsor and the NFL Entities and each of their assigns the right and permission to use the name, address (city and state) picture, voice, likeness, biographical data, photograph, prize information, testimonial or other likeness and/or information or personal exposition (and/or any edited portion thereof), including the Entrants and Winner s winning photos, and/or any information contained in the Entry for trade, promotional, advertising, and/or publicity purposes in any media, now or hereafter known, including on-line at www.giants.com throughout the world in perpetuity, without compensation or notice to, or further consent of, the Entrants and Winner, to the extent permitted by law. Sponsor reserves the right to correct typographical, clerical or printing errors in any Promotion-related materials. Sponsor also reserves the right, in its sole discretion, to cancel, terminate, suspend and/or modify the Promotion, or any part of it, without notice, at any time, for any reason, including infection, computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause, which affects the integrity or the ability of the Promotion to run as planned and disqualify any individual who engages in or attempts any such activity or who violates these Official Rules. If terminated, Sponsor reserves the right, at its sole discretion, to select the potential Winner from all eligible, non-suspect Entries received prior to such action taken. This Promotion is offered only in the United States and in the States of New York, New Jersey and Connecticut. 10. RELEASE. BY ENTERING THE PROMOTION, EACH ENTRANT AND THE WINNER AGREES TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR, THE PROMOTION ENTITIES AND THE NFL ENTITIES AND EACH OF THEIR PARENT COMPANIES, DIVISIONS, SUBSIDIARIES, AFFILIATES, AGENTS, ADVERTISING, PROMOTION AND PUBLIC RELATIONS AGENCIES AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OWNERS AND AGENCIES OF EACH (COLLECTIVELY, RELEASED PARTIES ) FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY AND DAMAGES OF ANY KIND, INCLUDING ANY OF THEM, INCURRED, SUSTAINED, OR ARISING IN CONNECTION WITH THE USE, ACCEPTANCE, MISUSE OR USE OF THE PRIZE OR WHILE PREPARING FOR OR PARTICIPATING IN ANY PROMOTION-RELATED ACTIVITY, INCLUDING, ANY TRAVEL ACTIVITY RELATED THERETO, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS OR ACCIDENT TO PERSON OR PROPERTY, OR FROM THE RESPECTIVE ENTRANTS OR WINNER S BREACH OF ANY AGREEMENT OR WARRANTY ASSOCIATED WITH THE PROMOTION, INCLUDING 5
THESE OFFICIAL RULES. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, THE RELEASED PARTIES RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES (INCLUDING ATTORNEY S FEES) FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST ATTEMPT PERMITTED BY LAW. 10. DISPUTES. By entering the Promotion, you agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with the Promotion, shall be resolved individually, without resort to any form of class action, exclusively, before a court located in the State of New Jersey having competent jurisdiction, which Court shall apply the laws of the State of New Jersey, without regard to any conflict of law principles. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys fees, other than entrant s actual out-of-pocket expenses, and entrant further waives any right to have damages multiplied or otherwise increased. If any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. 11. PRIVACY. The information entrants submit will be available to Sponsor for use by the Sponsor in its sole discretion, and such uses are governed by Sponsor s privacy policy, which can be found at http://www.giants.com/privacy.asp. 12. WINNER NOTICE. The name of the Winner will be posted at www.giants.com on January 27, 2012. You also may obtain this information by sending a self-addressed stamped envelope with your return address clearly marked to: New York Football Giants, Timex Performance Center, 1925 Giants Drive, East Rutherford, New Jersey 07073, Attention: Nilay Shah. THE NATIONAL FOOTBALL LEAGUE, ITS MEMBER PROFESSIONAL FOOTBALL CLUBS (OTHER THAN THE NEW YORK FOOTBALL GIANTS), NFL VENTURES, INC., NFL VENTURES, L.P., NFL PROPERTIES LLC, NFL ENTERPRISES LLC AND EACH OF THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES AND EMPLOYEES (COLLECTIVELY, THE NFL ENTITIES ) WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY CLAIM ARISING IN CONNECTION WITH PARTICIPATION IN THIS PROMOTION OR ANY PRIZE AWARDED. THE NFL ENTITIES HAVE NOT OFFERED OR SPONSORED THIS PROMOTION IN ANY WAY. THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK. BY ENTERING, YOU UNDERSTAND THAT YOU ARE PROVIDING YOUR INFORMATION TO THE SPONSOR AND NOT FACEBOOK. THE INFORMATION YOU PROVIDE WILL ONLY BE USED FOR PROMOTION ADMINISTRATION. 6