The “Write the Improv-A-Ganza Caption” Contest
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
1 PROMOTION DESCRIPTION: The “Write the Improv-A-Ganza Caption” Contest (the “Contest”) begins on April 11, 2011 at 12:01 a.m. Eastern Time (“ET”) and ends at 11:59 p.m. ET on May 27, 2011 (the “Contest Period”). The Contest Period is divided into seven (7) weekly entry periods (each, a “Weekly Entry Period”), with each Weekly Entry Period beginning at 12:01 a.m. ET on each Monday during the Contest Period and ending at 11:59 p.m. ET on each Sunday during the Contest Period (e.g., the first Weekly Entry Period begins at the start of the Contest Period and ends on April 17, 2011 at 11:59 p.m. ET, and the second Weekly Entry Period begins on April 18, 2011 at 12:01 a.m. ET and ends on April 24, 2011 at 11:59 p.m. ET). During each Weekly Entry Period, entrants will have the opportunity to submit a caption for the provided photo (each, a “Submission”) and to submit the caption for consideration as more fully set forth below. At the end of each Weekly Entry Period, one (1) finalist (each, a “Finalist”) will be selected and at the end of the Contest Period, one (1) Grand Prize winner will be selected from the Finalist Submissions as more fully set forth below. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Game Show Network, LLC, 2150 Colorado Avenue, Suite 100, Santa Monica, California 90404, (“Sponsor”), which shall be final and binding in all respects. Sponsor reserves the right, in its sole discretion, to end the Contest Period before May 27, 2011.
2 ELIGIBILITY: The Contest is only open only to legal residents of the fifty (50) United States who are twenty-one (21) years of age or older at the time of entry. Officers, directors and employees of Sponsor, DIRECTV, Sony Pictures Entertainment, Wikia, Inc., MGM Grand Hotel, LLC and each of their respective parents, members, subsidiaries, divisions and affiliates (all such individuals and entities collectively referred to as “Promotion Entities”), individuals involved with the development, production or distribution of the Contest and/or Drew’s Carey’s Improv-a-Ganza (the “Program”), and each of their immediate family members and those living in the same household (whether related or not) as any of the individuals in the preceding categories, and any person whose access to www.GSN.com and/or www.WorldWinner.com has been terminated or suspended by Sponsor are not eligible to enter the Contest or win a prize.
3 HOW TO ENTER: During each Weekly Entry Period, a new photo from the Program will be posted on www.facebook.com/GSNImprovAGanza (the “Entry Website” and collectively with the Wikia Website, the “Websites”). To enter, visit the Entry Website and follow the instructions to complete the submission form found on the Website with the information requested, and follow the online instructions to upload your Submission directly to the Entry Website. The Submission must fit in the space provided on the Entry Website. Submissions must be received by the end of the applicable Weekly Entry Period. No substitutions of new versions of Submissions will be accepted under any circumstances once the original Submission is submitted for consideration. Any Submission that is considered by Sponsor in its sole and absolute discretion to be obscene, pornographic, libelous, hate speech or otherwise objectionable, in whole or in part, will be disqualified and will not be eligible for entry. All requested information on the submission form must be completed to enter and to be eligible to win. Any communication or information transmitted to Sponsor and/or the Website by electronic mail or otherwise is and will be treated as non-confidential and nonproprietary. Submissions become the exclusive property of the Sponsor and will not be returned or acknowledged. Proof of submission is not considered proof of delivery to or receipt of such entry. Furthermore, Sponsor shall have no liability for any Submission that is lost, intercepted or not received by the Sponsor.
IMPORTANT NOTE: Any entrant who incorporates any intellectual property or material owned by a third party into his or her Submission does so at his or her own risk. Without in any way limiting, expanding or amending the Terms of Service residing on http://www.gsn.com/cgi/corporate/terms.html which Terms of Service shall remain in full force and effect, if Sponsor is duly notified that any element of an entrant’s Submission infringes upon the rights of another person and/or receives a legally valid request to remove the affected Submission from the Websites because of such infringement, such Submission may be removed from the Websites and/or disqualified from the Contest, as Sponsor may determine in its sole discretion. Further, no entrant will be eligible to receive a prize unless Sponsor determines, in its sole and absolute discretion, that such entrant’s Submission has been or can be sufficiently cleared for legal purposes.
4. WINNER SELECTION AND NOTIFICATION: At the end of each Weekly Entry Period, a panel of judges selected by Sponsor in its sole discretion (the “Judging Panel”) will select one (1) Finalist from all eligible Submissions received during the applicable Weekly Entry Period. At the end of the Contest Period, the Judging Panel will review the Finalist Submissions and select one (1) Finalist as the Grand Prize winner. The seven (7) Finalists and the Grand Prize winner will be selected based upon the following criteria: 40% for quality of the Submission; 30% for creativity of the Submission and 30% for the Submission’s relevance to the Program’s theme (the “Judging Criteria”). All decisions of the Judging Panel are final and binding in all respects of the Contest and not subject to challenge or appeal. Each Finalist and the Grand Prize winner will be notified by telephone, e-mail, and/or mail using the contact information provided at the time of entry. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by the potential winner for any reason. If, despite reasonable efforts, a potential prize winner does not respond within three (3) days of the first notification attempt, or if a prize or prize notification is returned as unclaimed or undeliverable to such potential prize winner, such potential prize winner will forfeit the applicable prize and an alternate prize winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason, such potential winner will be disqualified and the prize may be awarded to an alternate winner.
5. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each person who enters this Contest (and his or her parent or legal guardian, if the entrant is under the age of majority in his or her state/province of residence [a “minor”]) represents and warrants as follows: (i) the Submission is wholly original with entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (ii) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; and (iii) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each entrant (and his or her parent or legal guardian, if the entrant is a minor) hereby agrees to indemnify and hold the Promotion Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
6. GRANT OF RIGHTS: For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each entrant into the Contest (and his or her parent or legal guardian, if the entrant is a minor) hereby irrevocably grants Sponsor, its successors and assigns, a non-exclusive license (but not the obligation) to reproduce, publicly perform, stream, exploit, make derivative works of and otherwise use the Submission throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein. Sponsor shall have the right to freely assign its rights hereunder, in whole or in part, to any person or entity. Sponsor shall retain the rights granted in each Submission even if the Submission is disqualified.
Finalist Prize. Up to seven (7) Finalist Prizes are available. Each Finalist will receive one (1) Finalist Prize. Each Finalist Prize consists of one (1) autographed photograph of one or more cast members of the Program.
Grand Prize. One Grand Prize is available. The Grand Prize consists of (i) two (2) nights' hotel accommodations for the Grand Prize winner and his or her travel companion at the MGM Grand in Las Vegas, Nevada (“MGM”) (one  standard room, double occupancy); (ii) two (2) tickets (the “Tickets”) to a Las Vegas show (show to be determined by MGM in its sole discretion); and (iii) one (1) $100 voucher (the “Voucher”) good for dinner for the Grand Prize winner and his or her guest at an MGM owned or operated property restaurant. The approximate retail value (“ARV”) of the Grand Prize is $800.
The Grand Prize winner’s travel companion must be twenty-one (21) years of age or older, or if such travel companion is a minor, the Grand Prize winner must be such minor’s parent or legal guardian, or travel with the written permission of such parent or legal guardian in form and substance acceptable to sponsor in its sole discretion. If the Grand Prize winner is a minor, his or her travel companion must be his or her parent or legal guardian, or travel with the written permission of such parent or legal guardian in form and substance acceptable to Sponsor in its sole discretion. The Grand Prize winner will be solely responsible for transportation to and from Las Vegas, Nevada. The Grand Prize winner and his or her travel companion must comply with any applicable hotel check-in requirements, such as presentation of a major credit card. Travel restrictions and blackout dates may apply. The ARV for travel prizes may vary depending upon destination. Sponsor reserves the right to select hotels in its sole discretion. The ARV for travel prizes is an estimate made before the Contest begins. The Grand Prize winner will not receive cash or any other form of compensation if actual travel costs are less than the estimate made in these Official Rules. Room taxes and other hotel fees are not included and if applicable may be payable at the time of check-out by the winner/guest. A deposit or payment in advance, or presentation of a credit card by the Grand Prize winner, may be required at the time of check-in at the hotel. Any hotel cancellations or changes to hotel reservations after confirmation must be made with the hotel directly, and the Grand Prize winner is solely responsible for any charges and/or fees arising from changes made directly with the hotel. The Grand Prize must be redeemed and the hotel accommodations, Tickets and Vouchers must be used on or before January 5, 2012, or the Grand Prize will be forfeited in its entirety. The prize restrictions/conditions stated herein are not all-inclusive and the Grand Prize described above may be subject to additional restrictions/conditions, which may be stated in the “Prize Claim Documents” (as defined below) and/or other travel documents. In the event the Grand Prize winner and/or his or her travel companion engages in behavior that, as determined by Sponsor in its sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip or other applicable experience early, in whole or in part, and send the Grand Prize winner and/or his or her travel companion home with no further compensation.
8. GENERAL PRIZE CONDITIONS: Prizes are non-assignable and non-transferable. Prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Sweepstakes materials are for illustrative purposes only. No substitute prize will be awarded in lieu of any prize, except that Sponsor, in its sole discretion, reserves the right to substitute a prize (or portion thereof) of comparable value if the applicable prize is unavailable, in whole or in part, for any reason. Each prize winner shall be solely responsible for all federal, state and/or local taxes including, without limitation, income taxes and any reporting consequences thereof. If required by law, as determined by Sponsor in its sole discretion, Sponsor reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due. The Grand Prize winner may receive a 1099 form for the total ARV of prize. Prizes will be awarded only if the prize winner fully complies with these Official Rules. All details and restrictions of the prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion. Applicable portions of the prize will be delivered only to an address in the United States. Each prize winner may be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). If a winner is a minor, at Sponsor’s option, the applicable prize either will be awarded in the name of the parent or legal guardian of such minor winner, or the parent or legal guardian of such minor winner will be required to ratify and sign Prize Claim Documents. If any potential winner (or, in the case of a minor, such minor winner’s parent or legal guardian) fails or refuses to sign and return all Prize Claim Documents within seventy- two (72) hours of prize notification, the winner may be disqualified and an alternate winner may be selected.
9. GENERAL LIABILITY RELEASE/FORCE MAJEURE: Entrants agree that the Promotion Entities (a) shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Contest or any Contest-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of the prize(s), and (b) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to the prize(s), including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an entrant’s computer system which is occasioned by accessing the Websites or participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, or stolen submissions, Submission or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. 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 Contest or the Websites, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person in connection with this Contest or any other contest, sweepstakes, promotion or event of any kind or nature sponsored or administered by Sponsor or its affiliated, subsidiary or parent companies, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. In the event an insufficient number of eligible Submissions are received or Sponsor is prevented from awarding prize(s) or continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend, extend or terminate the Contest. If the Contest is terminated for Force Majeure before the designated end date, Sponsor will (if possible) select the winner from all eligible, non-suspect Submissions received as of the date of the event giving rise to the termination. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with the law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
10. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Promotion Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s Submission to Sponsor for purposes of the Contest does not place the Promotion Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Submission. Each entrant understands and acknowledges that the Promotion Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas or stories may be competitive with, similar or identical to the Submission and/or each other in theme, idea, plot, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Promotion Entity’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Promotion Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission.
11. NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any Submission, or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the any Submission for any reason, with or without legal justification or excuse, and contestants shall not be entitled to any damages or other relief by reason thereof.
12. DATES & DEADLINES/ANTICIPATED NUMBER OF CONTESTANTS: Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of entrants who will participate in the Contest.
13. FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments, certificates of engagement for the Submission or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon Sponsor’s request therefor.
15. GOVERNING LAW: Any controversy or claim arising out of or relating to (i) the Contest, (ii) the awarding or redemption of any prize and/or (iii) the determination of the scope or applicability of these Official Rules or their enforcement, arbitrability or interpretation (collectively, “Claims”) shall be governed by and construed in accordance with the substantive laws of the State of California without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.
16. ARBITRATION PROVISION: All Claims shall be submitted to final and binding arbitration, to be held in Los Angeles, California before a single arbitrator. All Claims shall be resolved individually, without resort to any form of class action; any and all Claims, judgments and awards shall be limited to the party's actual out-of-pocket expenses (i.e., costs associated with entering the Sweepstakes), but in no event will attorneys' fees be awarded or recoverable; and under no circumstances will any party be permitted to obtain any award for, and the parties hereby knowingly and expressly waive all rights to seek punitive, incidental or consequential damages and/or any other damages (other than actual out-of-pocket expenses) and all rights to have damages multiplied or otherwise increased. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by the American Arbitration Association or JAMS/Endispute and except as otherwise stated in this provision, the arbitration will be conducted in accordance with the rules of the organization that is selected. The arbitration shall be a confidential proceeding, closed to the general public. Each party hereby waives any and all rights and benefits which it might otherwise have or be entitled to under federal law or the laws of California or any other state to litigate any such dispute in court, it being the intention of the parties to arbitrate all such disputes. Each party expressly waives any right to a jury. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator's award is based. The arbitrator's decision shall be controlled by the terms and conditions of these Official Rules and any other agreements the applicable Entrant may have entered into with Sponsor in connection with the Sweepstakes. The parties will share equally in payment of the arbitrator's fees and arbitration expenses and any other costs unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert and attorneys' fees and other expenses to the same extent as if the matter were being heard in court). In the event that any provision of this arbitration provision is determined to be invalid or otherwise unenforceable or illegal, the balance of this provision shall otherwise remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained.
17. WINNERS LIST/OFFICIAL RULES: To obtain a copy of any legally-required winners list, send a self-addressed stamped envelope to The GSN “Write the Improv-A-Ganza Caption” Contest Winners List, Game Show Network, LLC, 2150 Colorado Avenue, Suite 100, Santa Monica, California 90404. All such requests must be received within six (6) weeks following the end of the Contest Period. These Official Rules will be posted on the Entry Website.
©2011 Game Show Network, LLC. All Rights Reserved. GSN and its distinctive logo are trademarks of Game Show Network, LLC.