Finest City Improv – “What’s Your Yes And?” (aka #myyesand) Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING.
1. ELIGIBILITY. The Finest City Improv “What’s Your Yes And?” is only open to entrants who, as of the entry date, are permanent legal residents of the fifty (50) United States of America (excluding the States of Florida and New York) and the District of Columbia who are at least eighteen (18) years old. The contest is void outside the eligible contest territory; in the States of Florida and New York; and where prohibited or restricted by law. Employees, officers and directors of Finest City Improv (“Sponsor”), and the immediate families (defined as parents, spouses, children, siblings, grandparents, and their respective spouses) or members of the same household (whether related or not) of each such employee, officer and director, are not eligible to enter. The contest, and any website pages and advertisements relating thereto, is intended for viewing only within the eligible contest territory, and entrants must be present in the eligible contest territory at the time they enter.
2. TIMING. The Contest entry period begins at 12:00 p.m. Pacific Time (“PT”) on November 21st, 2016 and ends at 11:59 p.m. PT on December 31st, 2016 (the “Entry Period”). Sponsor’s computer is the official timekeeping device for the Contest.
3. HOW TO ENTER. There is one (1) way to enter the Contest.
TO ENTER BY INSTAGRAM: Enter the Contest via your mobile device by logging in to your Instagram account and uploading one (1) photo from Finest City Improv or or any “Yes And” related event with BOTH @FinestCityImprov and #MyYESAND hashtags included together in your photo (i.e., @FinestCityImprov #YesAndContest”). YOUR UPLOAD/PHOTO MUST CONTAIN THE REQUIRED HASHTAGS. To enter via Instagram/Facebook you must also have a public account and have your account privacy settings set to “Off”.
An entrant must be the rightful owner (or have authorized use) of the e-mail address identified with the participant’s Instagram account. Multiple participants are not permitted to share the same email address or Instagram account. Any attempt by any participant to obtain additional entries beyond the limit by using multiple/different email addresses, Instagram accounts, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to an entrant’s entry, the natural person who is the authorized account holder of the email address identified with the participant’s entry (including the participant’s Instagram account) will be deemed to be the entrant, but only if that person is otherwise eligible to enter the Contest. The “authorized account holder” is the natural person assigned to an email address by an Internet access provider, online service provider, Internet service provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder. If a dispute cannot be resolved to Sponsor’s satisfaction, the winning entrant may be deemed ineligible.
Photo Requirements and Terms:
Each photo entry must meet the following requirements, compliance with which shall be as determined by Sponsor in its sole discretion:
i. The photo is NOT required to include people. If the photo DOES include people, it may only feature the entrant (or the entrant and other individuals who have both consented to appearing in the photo and entrant submitting the photo as a photo entry in this Contest). Any other persons must not be recognizable. Each entrant attests that he/she has made all those individuals other than entrant depicted in the photo entry aware that entrant is submitting a photo entry containing them in this Contest, and all depicted have agreed that entrant may submit such photo entry in this Contest. Further, the entrant who is determined as a winner in the Contest must, if required by Sponsor, obtain a publicity release in the form provided by Contest from those depicted in the photo entry, if applicable, prior to a selected entrant being confirmed as an official winner.
ii. The photograph must be a digital photograph and uploaded in a format permitted by Instagram.
iii. The photo entry must be suitable for a public forum, and in keeping with Sponsor’s positive image, and may not be offensive or inappropriate, as determined by Sponsor in its sole discretion. Without limiting the foregoing, a photo entry must not contain any obscene images, nudity, profanity or lewd gestures.
iv. The photo entry must be entirely original to the entrant, and must NOT include any mention or performance of any copyrighted media production, including, without limitation, music, films, books, television programming, etc., or identifying descriptions of any media property. An original creation is the product of one’s own mind created solely by the entrant(s), and is not a copy or imitation. Modifying, enhancing or altering a third party’s preexisting work does not qualify as an entrant’s original creation.
v. The photo entry must NOT infringe, misappropriate or violate any right of any third party, including, without limitation, copyright, trademark, trade secret, or right of privacy or publicity, and must NOT incorporate or include anything (e.g., third party names, marks or logos) that would require the consent of any third party for the use of the photo entry (or any part thereof) by Sponsor or any of its designees. Notwithstanding the foregoing, entrants are permitted to use Sponsor’s name, logo and materials in the entrant’s photo entry.
vi. The photo entry must NOT have been previously published, submitted to another contest, won any other award, broadcast on a media network or submitted to any entertainment entity.
By submitting a photo entry, the entrant represents and warrants that the submitted photo entry complies with all requirements of these Official Rules, defend and hold Sponsor and all Contest parties harmless from and against any breach of such representation and warranty. Additionally, photo entries are subject to the terms and conditions of Instagram.
Notwithstanding any of the terms and conditions of Instagram, each entrant agrees that Sponsor and its successors, designees and assigns shall each have the perpetual, irrevocable, royalty free, world-wide and fully-transferable right (but not obligation) to use, modify, display, reproduce, make derivative works of, and otherwise exploit entrant’s photo entry and submissions (or any part thereof, including the photograph) for promotional purposes in any manner or media whether now or hereafter existing and/or to otherwise use or commercially exploit any photo entry or submission (or any part thereof) or information or ideas contained within any entry or submission, all without payment, notice, attribution, consideration or consent. Such use includes, without limitation, the right to use a photo entry (or any part thereof) and/or entry materials on Sponsor’s and its designees websites and social media outlets (whether or not in connection with the Contest), and for any other purpose as determined by Sponsor in its sole discretion; provided, however, there is no guarantee of use of a photo entry (or any part thereof) for any purpose; and provided further, the timing of any posting shall be as determined by Sponsor in its sole discretion, and an entrant shall have no claim with respect to the delayed timing of a posting or failure to make a posting, and if posted, Sponsor reserves the right to remove the posting at any time. Sponsor does not have any obligation to maintain any of the entries or submissions, or any information or ideas contained therein, as confidential or proprietary. SPONSOR AND ITS DESIGNEES RESERVE THE RIGHT TO EDIT, MODIFY, OR ABRIDGE ANY SUCH ENTRY OR SUBMISSIONS (INCLUDING, WITHOUT LIMITATION, BY OBSCURING, BLURRING OR REMOVING ANY PORTION OF THE PHOTO ENTRY) FOR ANY REASON PRIOR TO USE, INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH USE IN THE SWEEPSTAKES AND/OR SUCH OTHER USES AS CONTEMPLATED ABOVE OR BY THESE OFFICIAL RULES, AND ENTRANT CONSENTS TO ANY SUCH ACTIVITIES.
b. FOR ALL ENTRIES: All entries become the exclusive property of Sponsor and none will be acknowledged or returned. Proof of mailing or submission will not be deemed to be proof of receipt of entry by Sponsor. All entrants and entries subject to verification prior to the awarding of a prize, as are the eligibility, age and other claims of/information provided by a potential prize winner. Any submission that does not comply with any aspect of these Official Rules, as determined by Sponsor in its sole discretion, may be rejected by Sponsor and the entrants disqualified. Entrants will cooperate with Sponsor and its representatives in connection with any and all verification activities.
4. AGREEMENT TO OFFICIAL RULES AND DECISIONS. By participating in the Contest, each entrant fully and unconditionally agrees to be bound by and accepts these Official Rules and the decisions of Sponsor (including, without limitation, decisions regarding eligibility of entries, the selection of entrants and the winner, and the awarding of the prize), which are final and binding in all respects.
5. DRAWING; ODDS; NOTIFICATION. On or about January 8th, 2016, Sponsor will select one (1) winner from the top 12 that were selected on January 1st. This person selected had the most votes as calculated on the finalist page. The entrant selected must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The potential winner will be notified by direct message on Instagram and must provide a confirming email address to which Contest documents may be sent by Sponsor. If a potential winner cannot be reached by direct message on Instagram and/or if a potential winner does not provide the required confirming email address, in each case, within seventy-two (72) hours of first notification attempt, an alternate winner may be determined. The potential winner will be required to execute and return to Sponsor a notarized Affidavit of Eligibility, a Liability Release, and, except where prohibited by law, a Publicity Release (an “Affidavit/Release”) in the form(s) provided by Sponsor in order to claim his/her prize. The Affidavit/Release must be returned to Sponsor by the date and/or time indicated within the Affidavit/Release. If the potential winner cannot be contacted within seventy-two (72) hours of the first attempt to contact him/her, or if the potential winner fails to return the Affidavit/Release within the specified time, or if any prize or prize notification is returned as undeliverable, or if the potential winner is found to be ineligible, or if the potential winner does not comply with the Official Rules, then the potential winner may be disqualified and an alternate winner selected by Sponsor in his/her place at random from among all eligible non-winning entries received by Sponsor for the Contest. In such event, an alternate potential prize winner will be notified as described above and will be required to return the required documents to Sponsor as described above; provided, however, Sponsor may alter the above timing to meet its Contest schedule and due to the time limited nature of the prize, if Sponsor’s Contest schedule cannot be accommodated the prize may not be awarded.
6. PRIZE. Subject to the terms and conditions of these Official Rules, three (3) prize will be awarded in this Contests.
The Grand prize consists of and is limited to one (1) night stay for two at the Lafayette hotel. Must book 3 months in advance with Finest City Improv. Prize is nontransferable, nonassignable, nonnegotiable, and not redeemable for cash or credit. One (1) FCI T Shirt. One (1) FCI hat. One (1) Gift Certificate valued at $100 credit for The FCI Training Center. One (1) Sunday evening buy out of Finest City Improv for a private party to be held on a Sunday that no other events are scheduled and to include a private interview-based improv show by FCI performers. Must book 2 months in advance.
Two Runner ups will each receive One (1) copy of “Relax We’re all just making this stuff up” book, One (1) FCI shirt, and Four (4) tickets to any show at the theatre.
Prize must be accepted as awarded. Prize is awarded “AS IS” with no warranty, representation, or guarantee, express or implied, in fact or in law, made by Sponsor or for which Sponsor shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. No prize substitutions, except by Sponsor, who reserves the right (but has no obligation) to substitute a prize (or component of a prize) with another prize (or component) of equal or greater value if the prize (or component of a prize) is not available for any reason as determined by Sponsor in its sole discretion. Unused components of the prize shall be forfeited and have no redeemable cash value. Winner is solely and fully responsible for any and all costs, fees, taxes, assessments and expenses associated with prize award, redemption, receipt and use, including, without limitation, all federal, state and local taxes on the prize. Winner will be issued an IRS Form 1099 for the actual retail value of the prize. Winners waive the right to assert as a cost of winning a prize any and all costs of verification and redemption or travel to redeem the prize. Non-compliance with any of the foregoing and any other condition of this Contest may result in disqualification and forfeiture of prize, in which case, no consideration will be awarded.
7. PUBLICITY. Except where prohibited by law, participation in the Contest constitutes entrants’ and winner’s consent to Sponsor’s (and its designees’, successors’ and assigns’) use of entrants’ and winner’s name, biography, likeness, voice, photographs, video, opinions, statements, hometown, state and country for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without payment, consideration, notice, attribution, review or consent.
8. GENERAL CONDITIONS. Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Contest if, in Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest. In such event, Sponsor reserves the right (but does not have the obligation) in its sole discretion to award the prize at random from among eligible, non-suspect entries received up to the time of suspected impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of this Contest is a violation of criminal and civil laws, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision of these Official Rules.
9. RELEASE. By entering, each entrant forever and irrevocably releases and holds harmless Sponsor and its parents, subsidiaries and affiliates, and Instagram, and their respective agents, advertising and promotion agencies, affiliates, Contest partners and prize suppliers, and all of their respective employees, officers, directors, shareholders and agents from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from entrant’s participation and/or entry in the Contest and/or entrant’s award, receipt or use of any prize awarded in the Contest.
10. LIMITATIONS OF LIABILITY. Sponsor is not responsible for: (a) incorrect or inaccurate transcription of entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete or misdirected entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software, including Instagram; (c) the unavailability or inaccessibility of any website or service, including Instagram; (d) unauthorized intervention in any part of the entry process or the Contest; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of the Contest or the processing of entries; or (f) any injury or damage to persons or property, including but not limited to entrant’s computer, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest, or from viewing, playing or downloading any material from Sponsor’s website(s) or Instagram, regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor’s websites or the Application by a hypertext link.
11. DISPUTES. Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any prizes awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in federal or state courts located in Denver, Colorado; entrant submits to sole and exclusive personal jurisdiction to said courts in the State of Colorado for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Contest but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with the Contest shall be governed by, and construed in accordance with, the laws of the State of Colorado, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of Colorado, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Colorado.
12. DATA COLLECTION. Entrants provide personal information to Sponsor and its designees, and not to Instagram, when they enter the Contest. Sponsor and its designees collect this information and use it to (a) administer this Contest and (b) for market research and for other marketing purposes. Sponsor and its designees may share this information with third parties who need access to this information to perform services on Sponsor’s behalf. Sponsor may also share this information with select marketing partners, who may use it to contact you with information and offers they believe will be of interest to you.
13. OFFICIAL RULES. These are the official rules.
14. WINNER’S LIST. To request a list of the Contest winners, see this page, Instagram.com/FinestCityImprov, or Facebook.com/FinestCityImprov for the announcement.
15. SPONSOR. The sponsor of the Contest and the address at which the Sponsor may be contacted is Finest City Improv LLC. The Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram.