Voting Rules
2019 NYRR PRO PERFORMER OF THE YEAR VOTING RULES
OFFICIAL VOTING RULES AND REGULATIONS:
New York Road Runners (“NYRR”) has selected six (six) professional athletes as finalists for the 2019 NYRR Pro Performer of the Year Award. NOTE: NYRR HAS PRE-EXISTING WORKING RELATIONSHIPS WITH THE PROFESSIONAL ATHLETES WHO HAVE BEEN SELECTED AS FINALISTS FOR THE 2019 PRO PERFORMER OF THE YEAR AWARD.
Voting Period (NYRR’s computer is the official time keeping device for this Contest):
Voting opens on Wednesday, December 4, 2019 at 12:00 p.m. ET
Voting closes on Friday, December 13, 2019 at 12:00 p.m. ET
1. HOW TO VOTE:
To vote, during the Voting Period you must visit the following link: www.nyrr.org/PPOTY, enter your first name, last name, email address and select one (1) of the listed professional athletes as your choice for 2019 NYRR Pro Performer of the Year. NOTE: NYRR has provided select members of the news media a password protected link to submit their vote for 2019 NYRR Pro Performer of the Year (such members of the news media must not vote through the link provided above). You will only be able to vote for one (1) professional athlete. You must provide all of the requested information to submit your vote.
LIMIT: LIMIT ONE (1) VOTE PER PERSON. ADDITIONAL VOTES WILL BE DISQUALIFIED. Any attempt by any individual to submit more than the stated number of votes by using multiple and/or different identities, forms, registrations, email addresses, logins, or any other methods will void that individual’s votes. Multiple individuals are not permitted to share the same email address. In the event of a dispute as to any vote, the authorized account holder of the email address used to enter will be deemed to be the submitter of the vote. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Votes specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to submit a vote. Incomplete, illegible, corrupted, or untimely votes are void and will not be counted.
NYRR will not sell personal information submitted with entry to outside solicitors.
2. SELECTION OF THE 2019 NYRR PRO PERFORMER OF THE YEAR:
Online voting by the public will account for one-third of the final voting tally, members of the news media will account for one-third of the voting tally, and members of the NYRR voting committee will account for one-third of the voting tally. The professional athlete that receives the highest voting percentage for 2019 NYRR Pro Performer of the Year will receive the NYRR Apple Award.
3. GENERAL:
NYRR and its representatives are not responsible for late, lost, stolen, damaged, garbled, incomplete, or misdirected votes, or communications; for errors, omissions, interruptions, deletions, defects, or delays in operations or transmission of information, in each case whether arising by way of technical or other failures or malfunctions of computer hardware, software, communications devices; or for transmission lines or data corruption, theft, destruction, unauthorized access to or alteration of entry materials, loss or otherwise. Further, NYRR is not responsible for electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind. The use of automated software or computer programs to vote for 2019 NYRR Pro Performer of the Year is prohibited and any individual who uses or attempts to use such methods to vote will be disqualified and not permitted to vote. NYRR disclaims any liability for damage to any computer system resulting from participation in, or accessing or downloading information in connection with the 2019 NYRR Pro Performer of the Year award voting process and reserves the right, at its sole discretion, to modify, cancel, terminate or suspend the collection of votes should any virus, bug, technical failures, unauthorized human intervention or other causes beyond NYRR’s control corrupt or affect the administration, security, fairness, integrity or proper conduct of the 2019 NYRR Pro Performer of the Year voting process. In the event of any such cancellation, termination or suspension, a notice will be posted and NYRR may identify a winner of the 2019 Pro Performer of the Year award based on the votes submitted prior to such cancellation, termination or suspension. NYRR reserves the right, at its sole discretion, to disqualify any voting individual (and his/her vote) from the voting process or any other promotion conducted now or in the future by NYRR or any of its affiliates if he/she tampers with the voting process or if his/her fraud or misconduct affects the integrity of the voting process or in the event of multiple votes by a given individual. NYRR reserves the right to correct clerical or typographical errors in promotional materials. By submitting a vote for 2019 NYRR Pro Performer of the Year, each individual voter accepts the conditions stated in these Official Rules.
4. CAUTION.
ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS VOTING PROCESS IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, NYRR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
5. DISPUTES:
Except where prohibited, individual voters agree that: (1) any and all disputes, claims and causes of action arising out of or connected with the 2019 NYRR Pro Performer of the Year award shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of New York or the appropriate State Court located in Manhattan County, New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with voting for the winner of the 2019 NYRR Pro Performer of the Year, but in no event attorneys’ fees; and (3) under no circumstances will individual voters be permitted to obtain awards for, and individual voters hereby waive 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 Official Rules, or the rights and obligations of the individual voter and Sponsor in connection with the 2019 NYRR Pro Performer of the Year, 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.
6. ANNOUNCEMENT OF WINNER:
NYRR will announce the winner of the 2019 NYRR Pro Performer of the Year Award the week of December 16, 2019.
7. PRIVACY:
Information collected from individual voters is subject to NYRR’s Privacy Policy, which can be found at https://www.nyrr.org/privacy-policy.
8. SPONSOR:
New York Road Runners, Inc. (“NYRR”), https://www.nyrr.org.
9. QUESTIONS REGARDING 2019 NYRR PRO PERFORMER OF THE YEAR AWARD?
Send an e-mail to media@nyrr.org.