Yogurty’s #AgentofFroyo Instagram Contest – Terms and Conditions
1. PROMOTION DESCRIPTION: To celebrate Yogurty’s new Captain America inspired frozen yogurt flavours in store, Yogurty’s is hosting The #AgentofFroyo photo contest (the “Contest”) in which fifteen (15) winners (“Prize Winners”) will receive a pair (2) of tickets to an advance screening of Captain America: The Winter Soldier on April 2, 2014 (“Prize”) in accordance with the rules of this Contest.
Entry in this Contest does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Contests, each contestant and his or her parent or legal guardian if the contestant is an eligible minor, unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Yogurty’s Yogurt Inc., 210 Shields Court, Markham, Ontario, L3R 8V2 (the “Sponsor”), which shall be final and binding with respect to all aspects of the Contest.
Sponsor reserves the right to amend these Terms and Conditions and/or cancel the Contest at its sole discretion.
2. ELIGIBILITY: The Contest is open to residents of Ontario and Alberta only, aged 13 years and older. Void wherever prohibited by law. Employees of Yogurty’s Yogurt Inc. (“Sponsor”), their respective affiliates, subsidiaries, advertising and promotion agencies, prize suppliers, including any vendors providing services in connection with this Contest (collectively, the “Sponsor Affiliates”) and their immediate family members (spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren) and/or those living in the same household of Sponsor or Sponsor Affiliates are not eligible. By participating, entrants agree to be bound by the Official Rules and the decisions of Sponsor.
3. CONTEST ENTRY DATES: The Contest starts at 11am EST on March 10, 2014 and ends March 26, 2014 at 12pm EST. The time shall be determined by Sponsor’s timekeeping systems. Sponsor shall have the sole discretion in determining the timeliness of any action or inaction related to this Contest. All times mentioned in these Official Rules are Eastern Time unless expressly noted otherwise.
5. CONDITIONS OF ENTRY: Once submitted, Entries cannot be deleted, cancelled or modified. For an entry to be valid, the submission must be visable on Instagram on March 26, 2014 when the Contest closes.
All Entries must be received by March 26, 2014 at 12:00 p.m. EST. Contestants can submit multiple entries during this time. Each individual can only win one (1) prize. Proof of sending or submission will not be deemed to be proof of receipt of any Entry by Sponsor. Entries will be deemed to have been submitted at the time when the entry is posted publicly on Instagram by the registered account holder of the Instagram account.
Contestant warrants and represents: (a) he/she is the sole and exclusive creator and owner of the Entry, including all rights therein; (b) contestant has the full and exclusive right, power and authority to submit the Entry and to grant Sponsor the rights to the Entry, including but not limited to the worldwide copyright; (c) no part of the Entry has been previously published, or; (d) no rights in the Entry have been previously granted to any person, firm, corporation or other entity. Sponsor reserves the right in its sole discretion to disqualify any Entry at any time in the event it is determined that the Entry is offensive, inappropriate, not in keeping with Sponsor’s images or if it is determined that the contestant has not otherwise complied with these Official Rules. Sponsor is not responsible for inclusion of third party copyrighted material in Contest submissions. If the Entry contains any material or elements that are not owned by the contestant and/or which are subject to the rights of third parties, the contestant is responsible for obtaining, prior to Entry 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. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any participant at any time. Failure to provide proof of these permissions will result in a disqualification from this Contest.
Sponsor reserves the right to disqualify any Entry for any reason, in its sole and absolute discretion.
6. PRIZES: There are fifteen (15) prizes (each a “Prize”) available to be won. Each Prize consists of admission for two (2) to the advance screening of “Captain America: The Winter Soldier” on April 2, 2014 at 7PM local time. Each Prize is valued at $20. Prize is available for the following theatre locations only:
(a) Toronto – SilverCity Yonge-Eglinton 2300 Yonge Street, Toronto
(b) Calgary – Scotiabank Theatre Chinook, 6455 MacLeod Trail SW, Calgary
Winners must select a theatre they wish to visit from the list above for their Prize of admission for two (2) to the “Captain America: The Winter Soldier” advance screening by 5:00P.M E.T April 1, 2014. Prize per location for this contest are limited to the following:
(a) SilverCity Yonge-Eglinton – 12 pairs
(b) Scotiabank Theatre Chinook – 3 pairs
Prize must be accepted as awarded and may not be substituted, transferred, or redeemed for cash or otherwise. Any other costs or expenses associated with the prizes not specified herin will be the responsibility of the selected winners.
For clarity, an entrant shall not be allowed to win more than one Prize.
7. DETERMINATION OF WINNER: the winners will be randomly selected, considering geographical location based on the number of Prizes available per region. The winner will be notified via Instagram sometime after the close of the competition on March 26, 2014, by leaving a comment on the winning photo. If you are awarded the Prize and are unable to claim the Prize, there is no compensation. The Prize is non-transferable and cannot be redeemed for cash. The winners’ name will be added to the advance screening guest list. To claim the prize, winners must sign in at the Yogurty’s advance screening to get entry.
8. TECHNICAL ERRORS: Sponsor not responsible for any typographical or other error in the printing, the offering or the announcement of any prize or in the administration of the promotion, whether caused by computer, technical or human error. Sponsor is not responsible for late, lost, damaged, incomplete, illegible, faulty, or incorrect transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind, any damage to any person’s computer related to or resulting from participating in the online portion of the promotion, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user’s ability to participate in the promotion whether caused by computer, technical or human error. Sponsor reserves the right to cancel or modify the promotion or any portion of it for any reason, including but not limited to, if fraud, misconduct or technical failures destroy the integrity of the promotion; or if a computer virus, bug, wireless failure, or other technical problem corrupts the administration, security, or proper administration of the promotion as determined by Sponsor, in its sole discretion. Sponsor reserves the right to disqualify, freeze or prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation or with any provision in these Official Rules. Any attempt to undermine the operation of this promotion is a violation of criminal & civil laws. Sponsor reserves the right to disqualify and/or seek damages from any individual making any such attempts to the full extent permitted by law.
9. ASSIGNMENT OF RIGHTS: Contestant hereby acknowledges that Entry and all other materials of every kind whatsoever created by contestant relating to the Contest (collectively, “Work”) is created for the Sponsor and the Sponsor is the sole and exclusive owner, in perpetuity and throughout the universe, of all right, title and interest in and to the Work, including without limitation all copyrights in and to the Work (and all renewals and extensions thereof now or hereafter provided by law) and all the rights therein and thereto, and may exploit the Work (and all rights therein) in any manner throughout the world without restriction.
By submitting an Entry, contestant acknowledges and agrees that Sponsor may obtain many submissions under this Contest and that such Entries may be similar or identical in theme, idea, format or other respects to others submitted under this Contest and/or other contests staged and/or sponsored by the Sponsor, and waive any and all claims contestant may have had, may have, and/or may have in the future, that any composition, film and/or other works accepted, reviewed and/or used by the Sponsor (or its designees) may be similar to his/her Entry. Contestant acknowledges and agrees that the Sponsor does not have now, nor shall any of them have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to contestant’s Entry.
10. PUBLICITY RELEASE AND ACCESS: Entry constitutes permission (except where prohibited by law) to use participant’s name, city, province, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.
11. RELEASES: By entering the Contest, contestants agree to release and hold harmless Sponsor from all claims, liability or damage caused or claimed to be caused, in whole or in part, directly or indirectly, in connection with participation in this Contest, or acceptance or use of the prize, the substitution of a prize in accordance with these Official Rules, the administration of the Contest, the operation of the website or Sponsor’s use of any of the rights granted herein. Sponsor assumes no responsibility for the conduct of any contestant or voter or the responses of anyone appearing in any Entry.
12. LIABILITY RELEASE & INDEMNIFICATION: By entering this Contest, you agree to release, discharge and hold harmless Sponsor, Sponsor Affiliates and their respective directors, officers, employees, agents and assigns (the “Released Parties”) from any claims, losses, and damages arising out of, or relating to, your participation in this Contest or any Contest-related activities (including, without limitation, any event attended as part of a prize) and the acceptance and use, misuse, or possession of any prize awarded hereunder (including, without limitation, any misrepresentation made by the entrant in connection with the Contest; any non-compliance by the entrant with these Official Rules; claims brought by persons or entities other than the parties to these Official Rules arising from or related to the entrant’s involvement with the Contest; acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in this Contest; any malfunction, error or other problem arising in connection with the collection, processing, or retention of entry information; or any typographical or other error in the printing, offering or announcement of any prize or winner). The foregoing includes, without limitation, any claim for personal injury, property loss or damage, or death arising in any way in connection with the Contests.
13. SPONSOR: The Sponsor is Yogurty’s Yogurt Inc., 210 Shields Court, Markham, Ontario, Canada, L3R 8V2
This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that you are providing your information to Sponsor and and to Instagram. The information you provide will only be used in connection with, or relating to, the administration of this Contest and support of the Sponsor’s social network pages (including, without limitation, any marketing communications you opt-in to receive from Sponsor) and in accordance with these Official Rules.