February Proposal Contest Rules

1. DESCRIPTION: The BAM Valentine’s Day Proposal Offer (the “Promotion”) provides all couples that propose to their significant other with a complementary one year Level 2 BAM Membership. Proposal must take place between Feb 8 and Feb 24, 2019 (“Entry Period”). All confirmed proposals will receive the prize. By participating, each entrant unconditionally accepts and agrees to comply with and abide by these Terms and Conditions and the decisions of BAM, 30 Lafayette Ave., Brooklyn, NY 11217 (the “Sponsor”) whose decisions shall be final and legally binding in all respects. Sponsor reserves the right to determine if a proposal is valid and genuine, in its sole discretion.

2. ELIGIBILITY: This Promotion is open to legal residents of the 50 United States (including DC) who are eighteen (18) years of age or older at the time of entry. Employees, officers, and directors of Sponsor, its affiliated companies, subsidiaries, licensees, sales representatives, their advertising and promotion agencies, and any and all other companies associated with the Promotion (collectively, the “Promotion Entities”), and each of their immediate family members and/or people living in the same household are not eligible to participate. All entries submitted are the property of the Sponsor.

3. HOW TO ENTER Valid proposals must take place within the Peter Jay Sharp Building (BAM Rose Cinemas, BAM Harvey Theater (in front), BAM Howard Gilman Opera House, BAMcafé, Diker Gallery, Dorothy W. Levitt Lobby, or studio spaces); or on the front steps of the Peter Jay Sharp Building; or in front of the KAWS Mural on Lafayette Street. During public or performance hours, proposals may occur in the BAM Fisher (Fishman Space, Sharp Lobby, BAM Fisher Rooftop Terrace, or studio spaces.) Proposer or proposee must put proof of proposal on social media (either Facebook, Twitter, or Instagram) and tag BAM. Proof must include a photo of the proposal. Entries that do not tag BAM will not be considered a valid entry. In case of a dispute as to the identity of an entrant, entry will be considered to have been made by the authorized account holder of the email account identified with the social media account through which the submission occurred regardless of the individual that submitted the entry. Accounts on which proposal is posted must not be private.

4. ENTRY NOTES: Any attempted form of entry other than as described in these Terms is void. Sponsor will determine, in its sole discretion, what constitutes a valid entry. Sponsor reserves the right to cancel or modify the Promotion if fraud or technical failures impact the integrity of the Promotion as determined by the Sponsor, in its sole discretion, and to award the prizes based on eligible entries received prior to the cancellation.

5. SELECTION OF WINNERS: Potential prize recipients must comply with all terms and conditions of these Terms and Conditions, and receiving prize is contingent upon fulfilling all requirements and requests of Sponsor during the verification process. Sponsor will determine, in its sole discretion, what constitutes a valid entry.

6. PRIZE: One complementary one year Level 2 BAM membership. Retail value: $150. Current members choosing to propose will have the prize added to their current membership. No substitution or transfer of prizes or cash redemptions permitted, except at the sole discretion of the Sponsor. Prize winner assumes sole responsibility for all costs associated with any component of the Prize not explicitly outlined, including without limitation, all federal, state and local taxes incurred as a result of being awarded the Prize. Sponsor reserves the right to make equivalent substitutions as necessary. If, despite reasonable efforts, the potential Prize Winner does not respond within five (5) days of the first notification attempt, or if the prize notification is returned as unclaimed or undeliverable to such potential Prize Winner, the potential Prize Winner will forfeit his or her opportunity to receive a prize. If the potential Prize Winner is found to be ineligible, or if he or she has not complied with these Terms or declines a prize for any reason prior to award, such potential Prize Winner will be disqualified.

7. PUBLICITY RELEASE/LICENSE OF RIGHTS: By proposing at BAM and participating in the Promotion, that constitutes entrants’ permission for the Promotion Entities to use entrants’ name, entry, photo, video, likeness, voice, biographical information, statements (collectively, the "Attributes"), for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization, (except where prohibited by law), and releases the Promotion Entities from all claims arising out of the use of such Attributes. Each Entrant: (i) grants to the Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use their entry, in whole or in part, for advertising or promoting the Promotion or for any other reason; (ii) waives all moral rights in and to the entry in favor of Sponsor; and (iii) agrees to release and hold harmless the Promotion Entities from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action that relate in any way to the entry. Sponsor reserves the right, in its sole and absolute discretion and at any time, to modify, edit or remove any entry, if a complaint is received with respect to it, or for any other reason.

8. DISQUALIFICATION: Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Promotion, to be acting in violation of these Terms and Conditions, or to be acting with the intent to disrupt or undermine the legitimate operation of the Promotion, or to disparage, annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No incomplete, forged, software-generated or other automated multiple entries will be accepted. The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision.

9. LIMITATION OF LIABILITY: The Promotion Entities are not responsible for, and entrant hereby releases the Promotion Entities from any claims arising from: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process or the Promotion; (iv) electronic or human error which may occur in the administration of the Promotion or the processing of entries; (v) any injury or damage to persons or property, including but not limited to entrant's computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Promotion and (vi) use of any prize.

10. DISPUTES: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court of the state of New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys' fees; and (3) unless otherwise prohibited, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the entrant and Sponsor in connection with the Promotion 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 (whether of the state of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of New York.

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