Last Revised September 30, 2016
We reserve the right to withdraw or amend this Website and any service or material we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time, for any period, or for any reason. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
If you choose, or are provided with a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Limited Use. This Website is provided for your personal and non-commercial use only. Without express written consent, you may not download, store, modify, copy, distribute, transmit, publicly display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, or services obtained from any portion of this Website, except as follows:
You must not:
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: email@example.com.
Additionally, you agree not to use the Website:
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant Company and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the unrestricted, irrevocable, perpetual, worldwide, royalty-free license, for all possible rights and all possible media now known or later developed to make, use, transfer, sell, modify, copy, distribute, transmit, sublicense, publicly display, perform, publish, and create derivative works of any User Contribution for any purpose, commercial or otherwise, without compensation to you. User Contributions shall not be subject to any obligation on our part, including without limitation any obligation of confidentiality, and we shall not be liable for any use or disclosure (including publication in any medium) of any User Contribution.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
Company is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
Without limiting the foregoing, we have the right to:
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES, INCLUDING WITHOUT LIMITATION LAW ENFORCEMENT AUTHORITIES, DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES.
Intellectual Property Rights. The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, communications, graphics, user interfaces, visual interfaces, images, video and audio, music, artwork, computer code, and any other content, and the design, layout, selection and arrangement thereof) are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, trade dress, patent, trade secret and other intellectual property or proprietary rights laws.
Trademarks. SEAPORT DISTRICT NYC, STH/ST/SEAPRT/NYC, SEAPORT STUDIOS, S·E·A·P·O·R·T· S·T·U·D·I·O· SS, FULTON SOCIAL, PIER 17, PIER/PARTY, FULTON STALL MARKET, SEE/CHANGE, SOUTH STREET SEAPORT, STH/ST/SEAPRT/NYC, HOWARD HUGHES, HOWARD HUGHES (Stylized), HOWARD HUGHES THE HOWARD HUGHES CORPORATION Signature Design, and THE HOWARD HUGHES CORPORATION, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. FULTON STALL MARKET, SEE/CHANGE, SOUTH STREET SEAPORT, STH/ST/SEAPRT/NYC (Stylized), HOWARD HUGHES, HOWARD HUGHES (Stylized), HOWARD HUGHES THE HOWARD HUGHES CORPORATION Signature Design, and THE HOWARD HUGHES CORPORATION are registered trademarks, U.S. Patent and Trademark Office. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.
This Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with.
Subject to the foregoing, you must not:
We may disable all or any social media features and any links at any time without notice in our discretion. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
Geographic Restrictions. The owner of the Website is based in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Reliance on Information Posted. The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. THE SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. IT IS YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION BEFORE RELYING ON IT. Any reliance you place on such information is strictly at your own risk. To the maximum extent permitted by law, we disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, DEVICE, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR DUE TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY THIRD-PARTY RESOURCE.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, FUNCTIONALITY, TIMELINESS, LACK OF VIRUSES, ACCURACY OR AVAILABILITY OF THE WEBSITE. THERE ARE NO WARRANTIES AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE OR AGAINST INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND LACK OF NEGLIGENCE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
This website is operated by Howard Hughes Management Co. LLC, 199 Water Street, 28th Floor, New York, NY 10038.
All notices of copyright infringement claims should be sent to the Copyright Agent designated in our Copyright Policy in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: firstname.lastname@example.org.
Thank you for visiting the Website.
Seaport Foodlab Giveaway
1. NO PURCHASE NECESSARY. Seaport Foodlab Giveaway (the "Giveaway") is sponsored by Seaport Management Development Company, LLC, a Delaware limited liability company (“Seaport”). There will be one winner.
2. The geographic scope of this Giveaway is the United States of America.
3. Giveaway 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 a winner, deadlines, restrictions on prizes, and eligibility — and all of its decisions are final. By entering, entrants agree to these Official Rules. Limit one (1) entry per household.
4. The participants understand that they are providing their information to Seaport. The information you provide will only be used for administration of the Giveaway and as otherwise set forth in these Official Rules. Any questions that participants may have about this Giveaway must be directed to Seaport.
5. 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.
6. 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 Giveaway.
7. Giveaway Prize: One drink per person at the Garden Bar, two tickets for a seating at the Seaport Food Lab and two drinks per person at the Seaport Food Lab on October 8, 2017 ($400.00 value).
8. The odds of winning depend on the number of surveys received.
GENERAL GIVEAWAY PRIZE RESTRICTIONS
9. The winner assumes sole responsibility for all expenses and incidental costs associated with the Giveaway Prize not explicitly outlined above, including without limitation, all federal, state and local taxes (if any), any and all other taxes. The Giveaway Prize may not be transferred or substituted except that Seaport in its discretion may substitute any Giveaway Prize, or portion thereof, with a prize or portion of equal or greater value if it deems necessary.
10. Giveaway Prize offered is provided "as is."
11. The Giveaway Prize will not be awarded until the winner provides Seaport with identity information and properly executed liability waiver & publicity release. If the winner fails to provide such information and documents or is unwilling to, unable to, or elects not to, the Giveaway Prize will be deemed unclaimed and forfeited.
12. Entries will be accepted beginning September 26, 2017. Final entry deadline for Giveaway drawing is October 1, 2017 at 11:59pm.
13. To enter, a contestant must complete a survey regarding his/her experience at the Seaport Food Lab. Surveys will be sent via email and can be completed online.
14. Limit one (1) entry per person. Additional entries received from the same household will be void.
15. 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. All entries become the property of Seaport and will not be returned or acknowledged.
DRAWINGS TO DETERMINE WINNERS
16. On October 2, 2017 or within a reasonable time thereafter, Seaport or its designee will randomly choose (by any means selected by Seaport) one (1) name from all timely entries received. Subject to verification of eligibility, the person whose name is so drawn will be declared the Giveaway Prize winner.
NOTIFICATION & VERIFICATION OF WINNERS
17. The winner will be notified by certified mail in accordance with the information supplied to Seaport. The winner has seventy-two (72) hours to redeem his/her Giveaway Prize. The winner may be asked to execute an affidavit or declaration of eligibility and, where legal, a publicity release, and return these documents within thirty (30) days of notification to Seaport.
18. In the event that the winner (a) does not redeem their Giveaway Prize within seventy-two (72) hours from initial attempted certified mail notification, (b) fails to satisfy any eligibility or verification requirement herein, (c) declines to accept the Giveaway Prize, (d) or is otherwise determined to be ineligible, Seaport in its discretion, may disqualify that individual and an alternate winner will be chosen by random drawing to be held as soon as reasonably practicable after initial winner is determined to be ineligible. The alternate winner is subject to all eligibility requirements and restrictions of these Official Rules. Seaport will conduct up to two (2) alternate drawings. If Seaport is unable to confirm an eligible winner after two (2) alternate drawings, no further drawings will be conducted and the Giveaway Prize will not be awarded.
19. By accepting the Giveaway Prize, the winner agrees to allow Seaport the right to publicize his or her name, photographs (including the use and appearance of winner's photograph on Seaport’s web page or the web page of any Seaport affiliate), likeness, biographical information, e-mail address, voice and details of winning for purposes of this and future promotions without further compensation, except where prohibited.
LIMITATION OF LIABILITY/DISCLAIMER OF LIABILITY
20. Entrants agree that Seaport and its affiliates, subsidiaries, employees and related persons (a) 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 Giveaway or in the printing of this offer, administration of this Giveaway, or in the announcement of any prizes and (b) 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 Giveaway (in whole or in part), the use (including modification, adaptation, and reproduction) of entries during or after the Giveaway, and the delivery, acceptance, possession, redemption, use, misuse, loss, or misdirection of any Giveaway Prize.
21. 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 Giveaway is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Giveaway.
22. Seaport reserves the right to cancel, terminate or suspend this Giveaway or any part of this Giveaway 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 Giveaway 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 Giveaway’s cancellation, termination or suspension.
23. Seaport reserves the right to prohibit any entrant from participating in the Giveaway if, at its sole discretion, Seaport finds such entrant to be tampering with the entry process or the operation of the Giveaway, or if such entrant repeatedly shows a disregard for, or attempts to circumvent, these Official Rules, or acts: (a) in a manner that Seaport determines to be not fair or equitable; (b) with an intent to annoy, threaten or harass any other entrant; or (c) in any other disruptive manner. Any person attempting to defraud or tamper with this Giveaway 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. 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 GIVEAWAY 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.
24. Seaport reserves the right to correct typographical or clerical errors in any Giveaway-related materials. No more than one (1) winner will be awarded. 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.
25. By entering the Giveaway, entrants agree that (a) any and all disputes, claims, and causes of action arising out of or connected with these Official Rules, the Giveaway Prize, 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 Giveaway, 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.
26. 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 Giveaway, 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 Giveaway, 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, County of New York, and the parties consent to jurisdiction therein with respect to any such legal proceedings.
27. 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.