At Yaymaker, we’re all about the good times.
Those times when you feel alive, ignited, and connected. Little yays that put a smile on your face, and big yays that juice you full of energy and get you ready to take on the world. Life is all about embracing these yays, and we’re all about making them—as often as humanly possible. So let’s seize the yay.
That’s why we’re asking you to shout your yays from the rooftops (or, really, on your Insta). Inspire and empower everyone you know to enjoy daily wins, celebrate creative expression, amplify positivity. It’s time to get up, get out, get making, and let everyone see your light.
Seize the Yay
And we wanna see those moments of positivity.
Share your happiest moments– if it happened in a Yaymaker event or in your everyday life– and you could win an exclusive Yaymaker prize pack!
How to Enter
- Capture a moment of happiness or positivity, something that makes you say “yay”
- Share online to Instagram or Facebook using #makeyayallday
- We’ll announce two winners each FriYAY
The Weekly Winners!
Week 1: Instagram users @helenajjj and @wildberries253
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Week 2: Instagram users @ashessdoingstuff and @loni_destroyerofworlds
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Week 3: Instagram users @audrey_natalia and @mo_better2018
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I have been feeding my creativity this month. Hamilton was awesome. Bonnie Raitt and James Taylor! Painting and making memories with Jenny! And then Gladys! Whatever shall I do next! #livingmybestlife #ConcertBucketlist @jamestaylor_com @bonnieraittofficial #msgladysknight #makeyayallday @yaymakercolumbus
Week 4: Instagram users @paint.and.patients and @smitsgettingreal
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SEIZE THE YAY OFFICIAL CONTEST RULES
Entrants to the Seize the Yay Contest (the “Contest”) agree to the following official rules of the Contest (the “Official Rules”).
The Contest sponsor is Paint Nite LLC d/b/a Yaymaker, 22 Kent Street, Somerville, Massachusetts 02143 (“Sponsor” or “Yaymaker”).
WHO MAY ENTER
In order to enter the Contest, participants (referred to herein as “Contestants” or “Entrants”) must comply with the Official Rules set forth herein during the Contest Period (as defined below). Each Entrant who complies with the Official Rules set forth herein will automatically be entered into the Contest (an “Entry” or “Entries” where applicable). The Contest is open to legal residents of the United States of America and legal residents of Canada (except as set forth below) who are at least 13 years old. Residents of the Province of Quebec are not eligible to enter the Contest, and the Contest is not available in the Province of Quebec. In addition, by entering the Contest, Contestants agree and consent to receiving future electronic communications and promotions from Yaymaker. Yaymaker employees and licensees, and their affiliates, partners, subsidiaries, distributors, retailers, advertising and promotion agencies, and the immediate families or household members of each are not eligible for the Contest. The Contest is subject to all applicable federal, state, provincial and local laws and regulations, and is void where prohibited by law or regulations.
The Contest submission period begins after 12:01 AM United States Eastern Daylight Time (“US EDT”) on January 23, 2019, and ends at 11:59:59 PM US EDT on March 29, 2019 (the “Contest Term”). Sponsor reserves the right to announce a final Contest Period at any time by either revising the Official Rules or making the announcement on Yaymaker’s website, or both. By submitting an Entry, each Entrant agrees to the Official Rules and warrants that his or her Entry complies with all requirements set out in the Official Rules.
HOW TO ENTER
Contestants must share a photograph showing their “yay of the day” using #MakeYayAllDay. Each photograph must show positivity and happiness, and may contain Yaymaker products, but are not required to do so. Prior to submitting any photograph in connection with an Entry, Contestants represent, warrant and confirm that they have secured the permission of all persons in the photograph to do so and that they have obtained the consent of such person to the use of such photograph by Yaymaker, as Yaymaker sees fit.
All Entries and requests become the property of Yaymaker and will not be acknowledged or returned. In the event of a dispute over the identity of an Entrant, an Entry will be deemed submitted by the authorized account holder of the social media account from which the Entry was submitted. “Authorized account holder” is defined as the natural person who is assigned to the social media account at issue. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a scrip, macro or use of automated devices are void.
Yaymaker will select two winners of the Contest each week during the Contest Term (each a “Winner”) from all of the eligible Entries submitted during the Contest Period. In addition, Yaymaker will select one grand prize winner at the end of the Contest Term (a “Winner” and the “Grand Prize Winner”) from all of the eligible Entries submitted during the Contest Period.
Weekly Winners will receive a prize pack which includes 2 free Yaymaker tickets, 2 t-shirts, 1 notebook, 1 chalkboard, 6 pencils, 6 coasters, 1 poster, 2 tote bags, and 1 enamel pin, and are valued at $150 each.
The Grand Prize Winner will receive 2 free Yaymaker tickets each month for six months (12 total free tickets), one Fujifilm Instamax Mini Camera kit, 2 t-shirts, 1 notebook, 1 chalkboard, 6 pencils, 6 coasters, 1 poster, 2 tote bags, and 1 enamel pin, all valued at $578.
If the Winner is a Canadian resident, the amount of the Prize will be converted to Canadian dollars as of the date the Winner is selected at a conversion rate at that time set forth on the following website: https://www.xe.com/currencyconverter/).
The Prize must be accepted as awarded and no substitution or exchange is allowed.
NONCOMPLIANCE OR RETURN OF PRIZE NOTIFICATION AS UNDELIVERABLE, WHETHER BY REGULAR MAIL, EMAIL OR DIRECT MESSAGE VIA SOCIAL MEDIA CHANNEL, MAY RESULT IN DISQUALIFICATION AND SELECTION OF AN ALTERNATE POTENTIAL WINNER(S).
SELECTION OF WINNERS
Yaymaker will select Winners based on complete fulfillment of the Official Rules (in Yaymaker’s sole discretion) by random draw from all eligible entries at the time of the selection.
Each Winner will be notified by Yaymaker by direct message on the social platform from where the Winner submitted his/her Entry to the Contest, within five days following the conclusion of the selection of the Winner, and may be announced publicly on the Yaymaker blog (www.blog.yaymaker.com) and/or via Yaymaker’s social media accounts. After the notification and/or announcement of Winners, each Winner’s name may, in Yaymaker’s sole discretion, be posted to one or all of the following: Facebook, Instagram, Twitter, or such other social media outlet or media outlet as Yaymaker may, in its sole discretion, choose. All submissions (winning or otherwise) may be utilized by Yaymaker for any purpose, including, but not limited to promotional materials, content on any social media channels, and Yaymaker marketing regardless of whether the Entry is chosen as a winning Entry.
If the selected winner cannot be contacted, is ineligible, fails to claim the prize within fifteen (15) days from the time award notification was sent, the prize may be forfeited and an alternate winner selected in the same manner as previously set forth herein.
All Entries must be submitted and received by Sponsor during the Contest Period. Proof of submission is not proof of receipt. Sponsor reserves the right to examine the original Entry submitted in order to confirm compliance with the Official Rules.
Odds of winning depend on the number of eligible entries received during Contest Period.
RELEASE OF LIABILITY
By participating in the Contest, each Entrant releases Sponsor, and its subsidiaries, affiliates, licensees, partners, employees, officers, directors, members, managers, agents, attorneys, advertising agencies, and all others associated with the development and execution of this Contest (collectively “Releasees”), from any and against any and all injury, loss or damage caused or claimed to be caused by Entrant’s participation in the Contest and/or the acceptance, awarding, receipt, prize, use and/or misuse of the prize won, and Entrant agrees that Releasees are in no matter responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the Contest and/or the awarding of any Contest prize. Notwithstanding the foregoing, in the event that the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, Entrant agrees that, by entering the Contest, (i) any and all disputes, claims, and causes of action arising out of or in connection with the Contest, or any prizes awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorney’s fees; (iii) under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim, incidental or consequential damages or otherwise increased damages and any other damages, other than damages for actual out-of-pocket expenses, but in no event attorneys’ fees, (iv) Entrant expressly waives any claims based on use of Entrant’s Entry into the Contest, use of Entrant’s Entry, and (v) Entrant expressly waives any claims based on use of Entrant’s Entry into the Contest, including, but not limited to any claim for damages based on the use of Entrant’s Contest entry by any of the Releasees.
Releasees assume no responsibility for, and Entrants expressly waive any and all claims based on any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; theft or destruction of or unauthorized access to Contest Entries or Entry forms; or alteration of Entries or Entry forms. Releasees are not responsible for any problems with or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any Entry to be received on account of technical problems or traffic congestion on the Internet or at any website, human errors of any kind, or any combination thereof, including any injury or damage to Entrants’ or any other persons’ computers related to or resulting from participation, uploading or downloading of any materials related to in this Contest.
If the Contest Entry submitted contains any material or elements that are not owned by Entrant and/or which are subject to the rights of third parties, Entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the Entry in the manner set forth in these Official Rules. Entrant expressly agrees to defend and indemnify Releasees, including the payment of any judgment, settlement, or attorneys fees related to the defense of Releasees in the event third parties make a demand, claim, or bring an action against Yaymaker based on (i) any claim that the Contest Entry submitted does not belong to the Entrant, (ii) use of a third party’s likeness, photograph, or other image depicting a third party, (iii) use of the Winner’s prize, and (iv) Winner did not obtain an individual’s prior consent in writing to utilize any photograph submitted to Yaymaker. In such event, Yaymaker shall have sole discretion on who it wishes to defend Yaymaker.
All copyrighted materials and other intellectual property used by the Sponsor in connection with the Contest, including but not limited to trademarks, trade names, works of authorship, expressions, logos, designs, promotional materials, web pages, source code, drawings, illustrations and slogans are owned or under license by the Sponsor. All rights to such intellectual property as expressly reserved. Unauthorized copying or use of any of copyrighted material or intellectual property without the express consent of the Sponsor is strictly prohibited.
By entering the Contest, each Entrant grants all rights in the Entry the Entrant submitted and any derivative works created therefrom to Yaymaker and Yaymaker shall be the sole and exclusive owner of all right, title and interest in and to the Entry. Entrants hereby irrevocably and unconditionally waive, and agree not to asset any moral rights in the Entry, including without limitation, attribution of authorship, the right to restrain any distortion, destruction or modification with respect to the Entry, and the intellectual property rights therein.
Display or publication of any Entry on Yaymaker’s website (or any other website or forum of Yaymaker’s choosing) does not indicate the Entrant will be selected as a Winner or entitle the Winner to any consideration other than set forth herein. Releasees will not be required to pay any additional consideration or seek any additional approval in connection with any use of any Entry, whether deemed to be a valid Entry or otherwise. Additionally, by entering, each Entrant grants to Releasees the unrestricted right to use all statements made in connection with the Contest, or choose not to do so, and to use all Entries for any purpose whatsoever at Releasees’ sole discretion. Releasees will not be required to pay any additional consideration or seek any additional approval in connection with any such use. All submissions to the Contest become the property of Yaymaker, and Yaymaker may use any Entry in any manner it chooses without incurring any obligation to any Entrant.
LIMITATION OF LIABILITY
By entering this Contest, all Entrants agree to release, discharge, indemnify and hold harmless Releasees from any claims, losses, and damages arising out of any participation in this Contest or any Contest-related activities, including but not limited any inaccurate or incorrect entry information or errors with respect to the acceptance, use, misuse, or possession of any prize awarded hereunder, advertising, these Official Rules, the selection or announcement of winners or the distribution of prizes resulting from participation in the Contest. Further, all Entrants warrant that they, immediately prior to submission of an Entry, are the sole holder of the social media account set forth or attached to the Entry, and that such ownership rights have not been transferred or hypothecated in any way to any third party.
IN NO EVENT SHALL RELEASEES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU, OR IN THE CASE OF A WINNER, FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE CONTEST, USE OF ANY ENTRANTS’ ENTRY OR A DERIVATIVE WORK CREATED FROM SUCH ENTRY, OR OTHERWISE RELATED TO THE CONTEST, OR PARTICIPATION IN ANY YAYMAKER EVENT, AND ALL ENTRANTS TO THE CONTEST AGREE TO DEFEND AND INDEMNIFY, INCLUDING ALL PAYMENT OF REASONABLE ATTORNEYS FEES AND COSTS, YAYMAKER IN THE EVENT THAT ANY SUCH DAMAGES ARE CLAIMED. IN NO CIRCUMSTANCE SHALL RELEASEES’ TOTAL LIABILITY TO YOU OR ANYONE ELSE FOR ANY DAMAGES OR LOSSES ARISING FROM OR RELATED TO THE CONTEST IN ANY WAY, EXCEED THE MAXIMUM FACE VALUE OF THE GRAND PRIZE AS SET FORTH IN THESE OFFICIAL RULES.
THIS CONTEST IS VOID WHERE PROHIBITED. Entrants agree that this Contest and these Official Rules shall be subject to and governed in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflict of laws principles, and, as necessary the laws of the United States of America.
Entrants agree that any dispute, claim, action, or controversy arising out of or relating in any way to the Contest shall be determined by binding arbitration instead of in courts. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and is subject to limited review by courts. Arbitrators may award the same damages and relief that a court can award. Entrants and Yaymaker agree that Mass. Gen. Laws c. 251, et seq., governs the interpretation and enforcement of this provision, and that Entrant and Yaymaker are waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Official Rules and is specifically enforceable against Entrants and any other person depicted in an Entry.
If an Entrant or any other person elects to seek arbitration, each must first send to Yaymaker, by certified mail, a written notice of such claim (“Notice”). The Notice to Yaymaker must be addressed to: General Counsel, Yaymaker, 22 Kent Street, Somerville, MA 02143. The Notice must state the basis of such claim, including all facts related to such claim, all witnesses to such claim, and a complete statement of the damages such claim seeks, including a description of how such damages are calculated.
ENTRANTS, WINNERS, AND YAYMAKER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless an Entrant, Winner, and Yaymaker agree otherwise, the arbitrator may not consolidate more than one person’s claims with another person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
An Entrant and/or Winner agree that any proceeding involving any dispute, claim, action, or controversy arising out of or in connection with the Contest shall be arbitrated, as set forth herein, solely and exclusively in the Commonwealth of Massachusetts, Suffolk County, before either (i) JAMS arbitration service or (ii) such other arbitrator as may be agreed to in writing. If the parties are unable to agree on one of these two options, the arbitration shall take place before JAMS arbitration service, located in Boston, Massachusetts.
The Governing Law and Venue provisions set forth herein shall survive termination of these Official Rules, the Contest, and any Yaymaker event attended by an Entrant and/or Winner.
In the event the agreement to arbitrate is held to be invalid or unenforceable, which decision shall be made by the arbitrator only, an Entrant, Winner, and Yaymaker agree that any action or proceeding involving any dispute arising out of or in connection with the Contest, these Official Rules, or any Yaymaker event attended by Entrant and/or Winner shall be brought only in the Commonwealth of Massachusetts, and in such circumstance an Entrant, Winner, and Yaymaker hereto irrevocably consent and submit to the exclusive jurisdiction within the Commonwealth of Massachusetts in respect of any such proceeding before (i) the federal District Court for the District of Massachusetts, located in Boston, Massachusetts or (ii) the Massachusetts Superior Court, Middlesex County.
To the extent permitted by law, the right to litigate, to seek injunctive relief or to make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or on connection with this Contest are hereby excluded, and any Entrant and/or Winner expressly waive any and all such rights. Certain restrictions may apply. Entries void if the Sponsor determines the Entry is illegible, incomplete, damaged, irregular, altered, counterfeit, produced in error, submitted by any automated program, contain defamatory, repugnant, or offensive material, or if the Entry was obtained through fraud or theft, or misrepresents any fact; each of the foregoing to be determined in Yaymaker’s sole and exclusive discretion.
By entering, Entrants and/or Winner also agree (a) to be bound by these Official Rules; (b) that the decisions of Yaymaker are final and binding with respect to all matters relating to the Contest; and (c) that Sponsor may use any Entry and each winner’s name, photograph, likeness, recording and/or voice in any publicity or advertising relating to the Contest, the adventure of Winner as a result of their prize, or future promotions without compensation or approval (except where prohibited by law). All federal, state/provincial/territorial, and local taxes, fees and surcharges and taxes (whether foreign or domestic, and including income, sales, and import taxes) on the prize are the sole responsibility of a Winner. In the event that the selected Winner of any prize is ineligible, cannot be traced or does not respond within fifteen (15) days from the time a winner notification is sent as required by the these Official Rules, or refuses the prize, the prize will be forfeited and Sponsor, in its sole discretion, may choose whether to award the prize to another Entrant.
The Sponsor reserves the right to verify the validity of any Entry and/or Entrant (including an Entrant’s identity and address) and to disqualify any Entrant who submits an Entry that is not in accordance with these Official Rules or who tampers with the Entry process. Failure by the Sponsor to enforce any of its rights at any stage does not constitute a waiver of those rights.
By entering this Contest, Entrants are opting in and consenting to receive communications from the Sponsor.
RIGHT TO CANCEL OR SUSPEND CONTEST
Subject to applicable law, the Sponsor reserves the right to amend, cancel, terminate or suspend the Contest (in whole or in part) if for any reason the Contest cannot be run as planned, including but not limited to: technical failure, computer virus, tampering, fraud, corruption of security, or proper administration of the Contest without providing any prior notice. In the event of termination, cancellation, interruption, suspension or delay of the Contest, the Sponsor reserves the right to still judge all received and valid and eligible Entries at the time of such cancellation, termination, or suspension to determine a Winner and award the Prize.”
If for any reason the Contest is not capable of running as planned, due to infection by computer virus, bugs, worms, trojan horses, denial of service attacks, tampering, unauthorized intervention, fraud, technical failures, or any other reason that corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right, at its sole discretion, to disqualify any individual(s) who tamper with the entry process, and/or to cancel, terminate, modify, or suspend the Contest.
By entering the Contest and voluntarily providing personal information required for Entry, Entrants consent to the collection, use, and disclosure by the Sponsor, or its designated agent, of the Entrant’s personal information to administer this Contest. Entrants further agree that personal data, may be processed, shared, and otherwise used for the purposes and within the context of the Contest and any other purposes outlined in these Official Rules and for any other purposes Yaymaker, in its sole discretion, deems appropriate. The data may also be used by the Sponsor in order to verify the Entrant’s identity, or to otherwise verify the Entrant’s eligibility to participate in the Contest. Contestants have the right to access, review, rectify, or cancel any personal data held by Sponsor by writing to Yaymaker, 22 Kent Street, Somerville, Massachusetts 02143. Personal data will be used by Sponsor and its affiliates exclusively for the purposes stated herein.
Acceptance of the Prize by a winner constitutes permission for the Sponsor to use a winner’s name, address, prize won, statements made relating to the Contest, and other likeness of the winner for any and all promotional or business purposes without further compensation, except where prohibited by law. The name of the Winner may also be posted on Yaymaker’s website (www.yaymaker.com) or on social media pages during or after the end of the Contest Term.
The Children’s Online Protection Policy (“COPPA”) provides protection for children while online and prohibits websites from accepting any identifiable data or information from anyone thirteen and under. In accordance with COPPA and these Official Rules, Yaymaker will not accept entries or associated information from individuals under the age of 13 at the time of their submission of their Entry.
Any attempt by an Entrant or other individual, to deliberately damage any website or undermine the legitimate operation of this Contest, including but not limited to any fraudulent claims, is a violation of criminal and civil laws. Use of any automated system including robotic or form filling software to enter or participate in this Contest is prohibited and will result in disqualification of all Entries by any Entrant using such assistance. Participation engaging in any of the foregoing activities may be disqualified and will forfeit any prizes won.