THIS CONTEST IS SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS, RULES AND REGULATIONS. BY ENTERING THIS CONTEST, YOU FULLY AND UNCONDITIONALLY AGREE TO THESE RULES, WHICH ARE FINAL AND BINDING IN ALL MATTERS RELATING TO THE CONTEST.
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW, WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET, OR WHERE THE METHODS OF ENTRY SET FORTH BELOW WOULD BE DEEMED CONSIDERATION.
ADMINISTRATOR AND SPONSOR
This Contest is administered by Resignation Media, LLC (“Administrator”) and sponsored by FX Networks (collectively with Administrator, referred to as the “Contest Entities”).
This Contest is only open to legal U.S. residents of the 50 States and the District of Columbia, who are at least 18 years old as of the beginning of the Contest Period. Employees of the Contest Entities and/or their respective parents, subsidiaries, and affiliates, and employees of any advertising or promotion agencies or any other entity involved in the sponsorship, conducting, or development of this Contest, and their immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) or household members are not eligible to participate as entrants into this Contest.
This Contest will start on March 23, 2017 at 3:30pm CST and end on March 27, 2017 at 11:59 PM (the “Contest Period”).
HOW TO ENTER
To enter the Contest, submit your funniest caption for the photo provided at the Contest announcement, using your best Archer impersonation. People may enter as many entries for submission as they would like.
DETERMINING THE WINNER
At the end of the Contest Period, Administrator will select 1 winner of the Contest (the “Winner”), from all eligible entries. The Winner will be the entrant who submits the funniest photo caption, as judged by the Administrator. The Administrator’s judgment will be final and binding.
One (1) Winner will receive a prize consisting of the following apparel from The Chivery (the “Prize”):
1 Keep Calm Tee
1 Bill Murray Tee
1 Pack of 4 stickers
1 Black Keep Calm Flask
1 Last Call Money Clip Wallet
1 Tripper FlexFit Fitted Hat
1 Murray Ride Pullover
1 Keep Calm and Chive On Canvas Art
One (1) Runner Up Winner will receive a prize consisting of the following apparel from The Chivery (the “Prize”):
1 Keep Calm Tee
1 Bill Murray Tee
1 Pack of 4 stickers
1 Black Keep Calm Flask
No more than the stated number of Prizes will be awarded. The approximate fair market value of the Winner Prize is $400 and Runner Up Winner Prize is $100. Actual retail value of the Prizes may be different from the stated fair market value, due to market conditions and, if so, Winners will not be entitled to receive any difference in the value.
Prize is non-transferable and has no cash redemption or substitution value, except that Administrator, in its sole discretion, reserves the right to change or replace the Prize at any time with one of greater or comparable value if the Prize becomes unavailable for any reason. Administrator will not be responsible for or replace any lost or stolen Prize. To be awarded and claim the Prize, the Winner must meet all eligibility requirements, comply with these rules, and be ready, willing, and able to claim the Prize. If the Winner does not or cannot claim the Prize, the Administrator may, but is not required to, award the Prize to another winner selected by Administrator, using the same winner selection method.
THE PRIZE IS AWARDED “AS IS.” THE ADMINISTRATOR DOES NOT MAKE AND DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THE PRIZE, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.
By entering this Contest, you grant Administrator a non-exclusive, perpetual, worldwide, sub-licensable, transferrable, royalty-free license to use your, name, image, likeness, social media account information and postings, and biographical information (collectively, your “Likeness”), in connection with this Contest and the Contest Entities’ products, services, and advertising and promotional material, in any and all media now known or later devised, without any further compensation or other consideration to you. All royalties, receipts, income, proceeds, consideration, or other benefits derived from the Contest Entities’ use or other exploitation of your Likeness will be the sole and exclusive property of the Administrator.
LICENSE TO YOUR MATERIAL
If entry into this Contest requires to you submit, provide, post, create, record, or author any content, works, or materials, including without limitation, your entry, artwork, designs, photos, video, songs (compositions and sound recording), trademarks, or audio/visual works (and any photos, names, signage, art, design, labels, logos, music, special effects, images, Likenesses, and any other material contained in any of the foregoing) (collectively “Material”), then, by entering this Contest, you grant the Contest Entities a non-exclusive, perpetual, worldwide, sub-licensable, transferrable, royalty-free license to copy, publish, display, broadcast, distribute, prepare derivative works of, modify, edit, exploit, or otherwise use the Material, in any and all media now known or later devised, in connection with the Contest and the Contest Entities’ products, services, and advertising and promotional material. With respect to any Material you license to the Contest Entities, as provided by this release, you represent and warrant that: (a) you are the owner or valid licensee of the Material, with the right to license the Material to the Contest Entities without the necessity of any further consent from any third party; and (b) the Material will not violate or infringe upon the rights of any third party.
TAXES AND FORMS
Winner is solely responsible for all federal, state, and local taxes associated with the value of the Prizes, and for any shipping and handling charges related to delivery of the Prize. When applicable, Winner agrees to execute and return (and winning may be conditioned upon the winner executing and returning) to Administrator, a form W-9, Affidavit of Eligibility, Liability and Publicity Release, and any other forms requested by Administrator, in order to be eligible to claim the Prize.
CANCELLATION AND DISQUALIFICATION
Failure to comply with these Rules may result in disqualification from the Contest. Administrator reserves the right to, in its sole discretion: (a) cancel, suspend, and/or modify the Contest (or any part thereof), if any tampering, fraud, delay, cheating, technical failures, or any other factor beyond Administrator’s reasonable control impairs the integrity or proper functioning of the Contest; and (b) disqualify any entrant who violates these rules, does not meet the eligibility requirements, tampers with, impairs, cheats, or acts fraudulently with respect to the Contest, or annoys, abuses, threatens, or harasses any Contest entrant or the Contest Entities. If an entrant is disqualified from the Contest, Administrator reserves the right to, in its sole discretion, award the Prize based on eligible entrants up to the time of the impairment. Administrator reserves the right to modify, suspend, or cancel the Contest: (c) if Administrator’s technical systems become infected by a computer virus or are otherwise impaired; or (d) there is any tampering, unauthorized intervention, fraud, technical failures or other causes that corrupt the administration, security, fairness, integrity, or proper functioning of the Contest.
ANY ATTEMPT BY ANY PERSON TO UNDERMINE OR TAMPER WITH THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, FOR WHICH ADMINISTRATOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
BY ENTERING THIS CONTEST, YOU AGREE TO RELEASE, WAIVE, AND HOLD HARMLESS THE CONTEST ENTITIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, AND EMPLOYEES (COLLECTIVELY, “RELEASED PARTIES”) FROM AND AGAINST ANY CLAIMS, LIABILITIES, JUDGMENTS, DAMAGES, LOSS, ACTIONS OR CAUSE OF ACTION, AND COSTS (INCLUDING REASONABLE ATTORNEY FEES) (COLLECTIVELY, “CLAIMS”) RELATING TO THE CONTEST, INCLUDING WITHOUT LIMITATION, CLAIMS RELATING TO: (A) LOST, LATE, MISDIRECTED, DAMAGED, STOLEN, ALTERED, GARBLED, FRAUDULENT, INCORRECT, INCOMPLETE OR DELAYED HASHTAGS, ALL OF WHICH WILL BE VOID; (B) RECEIPT, USE, OR MISUSE OF THE PRIZE; (C) UNAUTHORIZED THIRD-PARTY INTERVENTION INTO ANY PART OF THE CONTEST; (D) PROBLEMS RELATED TO ERRORS OR MALFUNCTIONS OF ANY EQUIPMENT, COMPUTER, ONLINE SYSTEMS, SERVERS, PROVIDERS, OR COMPUTER HARDWARE OR SOFTWARE FAILURES; (E) ANY OTHER TECHNICAL OR HUMAN ERRORS OR MALFUNCTIONS OF ANY KIND; (F) THE CANCELLATION, SUSPENSION, OR MODIFICATION OF THE CONTEST; (G) DISQUALIFICATION OF ANY ENTRANT; (H) THE STATEMENTS OR ACTS OF A THE CONTEST ENTITIES, ANY ENTRANT, OR ANY THIRD PARTY; (I) PRODUCTS LIABILITY, LIBEL, SLANDER, DEFAMATION, INVASION OF PRIVACY, RIGHT OF PUBLICITY OR PERSONALTY, MISAPPROPRIATION, INTENTIONAL OR NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS, OR INFRINGEMENT OF COPYRIGHT, TRADEMARK, PATENT, OR ANY OTHER INTELLECTUAL PROPERTY; AND (J) PHYSICAL AND/OR MENTAL INJURY, HARM, DAMAGE, DISABILITY, ILLNESS, DEATH, OR OTHER LOSS.
LIMITATION OF LIABILITY
THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST DATA, LOST PROFITS, LOST REVENUE, LOST BUSINESS, ANTICIPATED PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, AND/OR ANY MONETARY AMOUNT IN EXCESS OF THE ESTIMATED RETAIL VALUE OF THE PRIZE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION, CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT THE RELEASED PARTIES WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED IN THESE RULES.
By entering this Contest, you agree to indemnify, defend, and hold harmless the Contest Entities from and against and any all third party Claims relating to your: (a) breach of any representation, warranty, or covenant contained in this Release; (b) physical and/or mental injury, harm, damage, disability, illness, death, loss, or damage to any third party; (c) violation of or infringement upon the rights of any third party; or (d) violation of these Rules.
THIRD PARTY RULES
If entry into this Contest requires to you to make use of any third party products or services, including without limitation, third party, apps, websites, social media platforms, or email service (collectively, “Third Party Services”) then by entering the Contest, you agree to abide by the rules, terms and conditions governing the use of those Third Party Services.
You consent to personal jurisdiction in the State of Texas. Any and all disputes arising from or relating to this Contest, these Rules (including their construction, validity, and enforceability), the Prizes, and/or any rights and obligations hereunder, will be resolved individually and not by any form or class action, and will be governed by the laws of the State of Texas, without giving effect to conflict of law principals. You agree that the appropriate State or Federal Court located in Travis County, Texas will have exclusive jurisdiction over any and all disputes, suits, issues, or claims relating to the Contest and/or these Rules.
NO THIRD PARTY ENDORSEMENT:
This Contest is not administered, sponsored, or endorsed by any Third Party Services or any third party.
RULES; WINNER LIST; QUESTIONS:
To receive a complete list of Winner(s) or a copy of these Rules, within 15 days after the end of the Contest Period, send a self-addressed stamped envelope to: Resignation Media, LLC, attn. Contest Winner List, 98 San Jacinto Blvd., Suite 160, Austin, TX 78701. The winner list will be mailed approximately 14 days after receipt of requests therefor. For any questions about this Contest, contact the Administrator at the preceding address.