(EN) Westbank’s First Light Contest Official Rules NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. YOU HAVE NOT YET WON.   BY ENTERING THIS PROMOTION, PARTICIPANTS ACCEPT AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS IN THESE OFFICIAL RULES. WINNING IS CONTINGENT ON FULFILLING ALL REQUIREMENTS SET FORTH IN THESE OFFICIAL RULES. ANY VIOLATION OF THESE RULES MAY RESULT IN DISQUALIFICATION, WITHOUT NOTICE OR OTHER OBLIGATION TO THE VIOLATOR. ALL DECISIONS OF SPONSOR ARE FINAL AND BINDING IN ALL RESPECTS. VOID WHERE PROHIBITED BY LAW.

1. Sponsor. The sponsor of this First Light Contest (the “Promotion”) is Virginia Street Joint Venture, LLC, 300 Virginia Street, Seattle, Washington 98101 (“Sponsor”). This Promotion is in no way sponsored, endorsed, or administered by, or associated with, Instagram.

2. Timing.  
   • Promotion Period. The Promotion entry period begins on January [insert day], 2018 at [insert time] Pacific Standard Time (“PST”) and ends on January 20, 2019 at 11:59 pm PST (the “Promotion Period”). Sponsor’s computer is the official time-keeping device for the Promotion.
   • Selection of Potential Winners. The first, second, and third potential winners will be selected on or about January 23, 2019. See details below regarding first, second, and third winner selection, notification, and receipt of prizes.
3. Eligibility Requirements. This Promotion is open only to legal residents of the fifty (50) United States who are at least eighteen (18) years old at the time of entry and who can provide proof of U.S. residency. Residents of U.S. territories and possessions, U.S. military installations in foreign countries, and all locations not physically located within the continental United States are excluded from this Promotion. Past and present employees, officers, directors, agents, and independent contractors of Sponsor and any of its affiliates or other companies involved in the development or administration of this Promotion, as well as the immediate family members (spouse, parents, siblings, and children) and household members of such employees, officers, directors, agents, and independent contractors are not eligible to enter this Promotion. This Promotion is subject to all applicable federal, state, and local laws and regulations. This Promotion is void where prohibited by law. Sponsor reserves the right to disqualify any participant that Sponsor determines, in its sole discretion, is ineligible to participate in the Promotion.
4. How to Enter. To enter, you must (i) follow Sponsor on Instagram @westbankcorp; and (ii) post a photo that you took and that you think best captures the “Light as a Common Thread” Art Exhibition, to Instagram with #FirstLightSeattle, and you must tag @westbankcorp; and (iii) go to www.firstlightseattle.com/photo-challenge/ and complete and submit the entry form by providing your full name, email address, city and state of residence, birth month and year, and the link to your Instagram post with your photo. You must also read and click to agree to these Official Rules. If you don’t tag @westbankcorp and submit this online entry form with all required information, you will not be entered into the Promotion. Your post on Instagram must not be obscene, pornographic, violent, derogatory, profane, or otherwise in poor taste, offensive, or unlawful; or the purpose of which is to encourage unlawful activities. Sponsor reserves the right to make determinations of suitability in its sole discretion and to disqualify entries that Sponsor determines to be in appropriate for any of the reasons listed above, without providing notice to the applicable participant. You will need a valid Instagram account in order to enter. Setting up an Instagram account is free of charge. You acknowledge and agree that there are specific Instagram terms and conditions that apply to your use of Instragram. If you do not have an Instagram account or do not have access to the Internet, you may request that Sponsor mail you an entry form by contacting Sponsor at 3rd&virginia@westbankcorp.com or at the address set forth in Section 1 of these Official Rules, and you may then enter the Promotion by mailing the completed entry form and your photo to Sponsor at the address set forth in Section 1. All mail-in entries must be received by Sponsor by no later than January [insert day], 2019 at [insert time] PST. By entering via mail, you agree that Sponsor may upload an image of your photo to Instagram and tag it as described above.   All entries (including both the posting of your photo on Instagram with the tag and your submission of the entry form) must be received by January 20, 2019 at 11:59 pm PST. Limit: The Promotion is limited to one entry per person and per Instagram account during the Promotion Period. Any attempt by a participant to enter the Promotion more than once by using multiple/different Instagram accounts or identities or any other method will disqualify that participant. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor has no obligation to notify the participant of the disqualified entry. In the event of a dispute as to the person associated with any entry, the authorized account holder of the email address (or the owner or renter of the home at the mailing address) used to enter will be deemed the participant. With respect to email addresses, the “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.  The potential winner may be required to show proof of being the authorized account holder (or proof of being the owner or renter of the home at the mailing address). Only completed entry forms received by the end of the Promotion Period will be eligible for a prize. All entries received after the end of the Promotion Period will be void and will not be eligible to win. Sponsor will not verify receipt of entries, and proof of submission will not be deemed proof of receipt by Sponsor. Entries are automatically null and void if not obtained through the authorized channels or if any part is late, lost, stolen, incomplete, illegible, unintelligible, invalid, damaged, misdirected, or contains typographical or other errors, including without limitation postage-due errors. Sponsor is not responsible or liable in any way for such entries or errors. Sponsor has no obligation to notify the participant of the disqualified entry.   Unless required by law, Sponsor is not required to review or respond to any correspondence received from a participant regarding the Promotion.
5. Photo Representations and Warranties. Each photo and associated entry must be submitted by the original creator and owner of all content and information associated with the photo and entry. You must be, and your entry is your guarantee that you are, the sole author and owner of the copyright and other intellectual property and proprietary rights in and to the photo submitted with your entry. In addition, by entering, you represent and warrant that the photo submitted with your entry (i) does not infringe, misappropriate, or otherwise violate any other person’s or entity’s copyrights, trademark rights, trade secret rights, other intellectual property or proprietary rights, rights of privacy or publicity, or any other rights; (ii) does not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where the content is created; and (iii) has not been submitted previously in any contest or promotion and will not be submitted as an entry to any other contest or promotion during the Promotion Period. Participants further represent and warranty that they have secured all consents and approvals in writing from any persons featured in photos posted on Instragram for the Promotion, and participants acknowledge and agree that, upon request from Sponsor, participants will provide such written consents and approvals to Sponsor and secure any additional written consents, approvals, or releases required by Sponsor from any persons featured in such photos. In the event that Sponsor determines, in its sole discretion, that the content submitted does not comply with any of the foregoing, Sponsor may disqualify the associated participant, without providing notice to the participant.
6. Winner Selection and Notification.
   • Winner Selection. There will be three (3) prize winners—First Place, Second Place, and Third Place winners. The winners will be selected by [insert number] judges, specifically [name the judges]. The judges will review all eligible entries and collaboratively decide upon the three best photos (ranking them as First Place, Second Place, and Third Place) based on the following criteria: (i) relevance to artist John Hogan’s “Light As A Common Thread” Art Exhibition; (ii) creativity of the photo; (iii) overall appearance of the photo; and (iv) creativity of the presentation of the photo on Instagram. In addition to collaboratively selecting the top three photos, the judges will also collaboratively rank the next top six photos. In the event any potential winner who submitted one of the top three photos is not eligible for any reason or does not respond to the win notification, or does not comply with these Official Rules in any way, the participant with the next best photo will be the potential winner. Sponsor will continue down the line until three potential winners are eligible, respond to the win notifications, and comply with these Official Rules, resulting in three winners. All participants acknowledge and agree that there will only be THREE winners, and the next top six photos will be ranked only to provide alternate potential winners if needed. The decisions of the judges will be final and binding in all respects.
   • Winner Notification and Announcement. Receiving a prize is contingent upon compliance with these Official Rules. The potential winners will notified by email (or by mail for mailed-in entries only) on or about January 23, 2019. Once a potential winner is contacted via email by Sponsor, he or she will have five (5) days from the day Sponsor sends the email, to respond and claim the prize and sign the required Affidavit of Eligibility and Release discussed below. If Sponsor notifies a potential winner via mail instead of email, the potential winner will have eight (8) days from the day Sponsor delivers the notification to the U.S. Postal Service or other common carrier of Sponsor’s choosing, to respond and claim the prize and sign the required Affidavit of Eligibility and Release. If a potential winner does not respond and sign the required Affidavit of Eligibility and Release within the timeframe outlined above, or if the prize notification is returned as undeliverable, the prize will be forfeited without notice to the potential winner, and the prize may be given to an alternate winner, selected as described above. REPLYING TO THE PRIZE NOTIFICATION WILL NOT AUTOMATICALLY MAKE A POTENTIAL WINNER AN ACTUAL PRIZE WINNER. EACH POTENTIAL WINNER MUST MEET ALL ELIGIBLY REQUIREMENTS AND OTHERWISE COMPLY WITH THESE OFFICIAL RULES. The winners will be announced Sponsor’s website, on Instagram, and possibly via other social media outlets on or about January 23, 2019, but this is not how the potential winners will be notified.
7. Odds of Winning. The odds of winning a prize depend on the number of eligible entries received.
8. Prize and Prize Value. Three (3) prizes will be awarded in total, for First Place (Grand Prize), Second Place, and Third Place. Grand Prize: The First Place winner will receive one (1) night’s stay at the Fairmont Pacific Rim Hotel in Vancouver, Canada with an approximate retail value (“ARV”) of [insert]; a USD one hundred ($100) gift card to the Botanist Restaurant in Vancouver, Canada; and a USD one hundred ($100) gift card to Willow Stream Spa in Vancouver, Canada. The total combined ARV of all three elements of the Grand Prize is USD [insert]. Grand Prize Conditions: If the Grand Prize winner elects to take a travel companion to use the Grand Prize, the Grand Prize winner’s travel companion must be at least eighteen (18) years of age at the time the Grand Prize is used; provided, however, that the Grand Prize winner’s travel companion may be under eighteen if accompanied by an adult who is the parent or legal guardian of the travel companion. The Grand Prize winner and the Grand Prize winner’s travel companion will be responsible for all necessary travel authorizations and travel insurance. THE GRAND PRIZE DOES NOT INCLUDE THE ARRANGEMENT OR COST OF TRAVEL OR EXPENSES INCURRED DURING TRAVEL, OTHER THAN THE ONE-NIGHT HOTEL STAY AND GIFT CARDS AS DESCRIBED. TRAVEL ARRANGEMENTS AND EXPENSES, TIPS, TAXES, AND ALL OTHER EXPENSES ARE THE GRAND PRIZE WINNER’S AND THE GRAND PRIZE WINNER’S TRAVEL COMPANION’S SOLE RESPONSIBILITY. By accepting the Grand Prize, the Grand Prize winner represents that he or she understands that travel, whether by plane, automobile, boat, train, or other conveyance, or by foot, on land or water, or in the air, contains some inherent element of risk of accident, illness, injury, loss or death, which may be caused by negligence, forces of nature, wild animals, or other agencies, known or unknown. By accepting the Grand Prize, the Grand Prize winner represents that he or she recognizes and accepts that such risks may be present at any time before, during, and after the trip. Sponsor makes no representation, warranty, or guarantee in whole or in part, express or implied, in fact or in law, in relation to the use of the Grand Prize including without limitation any representation or warranty concerning the Grand Prize’s safety, availability, quality, merchantability, fitness for a particular purpose or suitability for use, and non-infringement, or title. Sponsor expressly disclaims any responsibility or liability for injury, death, or loss to any person or property relating to the delivery, possession, use, and/or misuse of the Grand Prize.     THE U.S. INTERNAL REVENUE SERVICE REQUIRES A FORM 1099 MISC TO BE ISSUED TO AND FILED BY ANY PRIZE WINNER IF THE VALUE OF THE PRIZE RECEIVED IS USD 600 OR MORE. SPONSOR WILL ISSUE A FORM 1099 MISC TO THE GRAND PRIZE WINNER FOR THE ARV OF THE PRIZE WON, AND THE GRAND PRIZE WINNER IS SOLELY RESPONSIBLE FOR FILING THIS COMPLETED FORM WITH THE INTERNAL REVENUE SERVICE. THIS PARAGRAPH ONLY APPLIES TO THE GRAND PRIZE WINNER. Second Place Prize: The Second Place winner will receive [insert] Third Place Prize: The Third Place winner will receive a USD one hundred ($100) gift card to June Baby Restaurant in Seattle, Washington. Prize Conditions for All Three Prize Winners: All applicable federal, state, and local taxes associated with acceptance and use of the prizes are the sole responsibility of the winners. All expenses and items not specifically mentioned in these Official Rules are not included and are the winners’ sole responsibility. The prizes may not be exchanged for cash value or otherwise, and the prizes are non-refundable. No transfer, substitution, or assignment of the prizes is permitted. The prizes are subject to availability and substitution, in whole or in part, with prizes of equal or greater retail value if the prizes are unavailable or cannot be awarded for any reason, in Sponsor’s sole discretion. The value of the prizes set forth above represents Sponsor’s good faith determination of the ARV thereof and cannot be challenged or appealed. The actual value may vary based on retail value or expected retail value at the start of the Promotion. In the event the ARV of a prize is more than the actual retail value of the prize, the difference will not be awarded in cash or otherwise. Sponsor makes no representation, warranty, or guarantee in whole or in part, express or implied, in fact or in law, in relation to the use of the prizes including without limitation as to the prizes’ quality, merchantability, fitness for a particular purpose or suitability for use, and/or non-infringement or title. Sponsor expressly disclaims any responsibility or liability for death, injury, or loss to any person or property relating to the delivery, possession, use, and/or misuse of the prizes.    Sponsor will coordinate prize pick-up or delivery with the winners directly. If Sponsor delivers the prizes via mail, each prize will be deemed delivered to the applicable winner once the applicable prize is delivered by Sponsor to the U.S. Postal Service or other common carrier of Sponsor’s choosing. Sponsor will not be responsible or liable for a lost, stolen, or damaged prizes once delivered to the U.S. Postal Service or other common carrier, or for any loss or damages relating to delivery, use, or misuse of the prizes. Each winner is responsible to pay the cost of shipping and handling to receive the applicable prize in the amount of USD [insert amount]. By participating, each winner waive the right to claim as a cost of winning the applicable prize, the cost required to claim or use the prize.   All prize details not set forth in these Official Rules are at the sole discretion of Sponsor.

9. Ownership of Photo; Sponsor’s Right to Use Photo. As between Sponsor and each participant, each participant shall retain all ownership rights in and to the participant’s photo (but check Instagram’s terms regarding Instagram’s ownership and use of the submitted photo). Each winner hereby grants to Sponsor an unrestricted, perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, sublicensable, and assignable license and right to (i) to display the winning photos on Sponsor’s website and social media sites and on any other website for promotional purposes; and (ii) to otherwise use, copy, publicly display, distribute, modify, and create derivative works of the winning photos, for any and all purposes and in any medium whatsoever. Sponsor shall have the right to publish and/or use the winning photos, as described above, without notifying the winners in advance of each publication or use, and without compensation of any kind to the winners or their respective heirs, representatives, successors, or assigns.
10. Publicity Release. Unless prohibited by law, acceptance of a prize shall constitute and signify each winner’s agreement and consent that Sponsor, and third parties on Sponsor’s behalf, may use the applicable winner’s name, city and state of residence, biographical data, voice, statements, image, likeness, and/or prize won (collectively the winner’s “Name and Likeness”) in connection with the Promotion and with Sponsor’s use of the applicable winner’s photo, and/or for other marketing and promotional purposes and for any other business purpose, in any media, now known or hereafter developed, throughout the world, including on the Internet, without providing additional notice, consent, review opportunity, or consideration to the applicable winner. Each winner agrees that Sponsor (and third parties on Sponsor’s behalf) has(ve) the unrestricted, perpetual, and worldwide right to reproduce, copy, exhibit, display, perform, transmit, broadcast, distribute, modify, create derivatives of, and otherwise use the applicable winner’s Name and Likeness and winning photo. Each winner agrees that Sponsor may alter the applicable winner’s Name and Likeness and may combine the winner’s Name and Likeness with other materials and information (including without limitation, text, data, images, photographs, illustrations, animation and graphics, or video or audio segments of any nature, in any media or embodiment, now known or hereafter developed). Winners accept and acknowledge that Sponsor shall not be obligated to use the winners’ Name and Likeness in connection with Sponsor’s use of the winning photos, and Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. For clarity, Sponsor is not required to, but may, attribute the winning photos to the applicable winners.
11. Privacy. By entering the Promotion, you agree you are signing up to receive Sponsor’s future email updates about upcoming events, products, or services that might interest you. You can unsubscribe at any time by following the instructions provided with Sponsor’s emails. Unless otherwise set forth in these Official Rules, personal information collected from participants is subject to Sponsor’s Privacy Policy located at [insert link to Privacy Policy]. Further, by entering this Promotion, you acknowledge that you are disclosing your personal information to Sponsor, and not to Instagram.
12. Release. By participating in this Promotion, you (i) agree to release (a) Instagram and (b) Sponsor and its affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each such company’s officers, directors, employees, agents, and independent contractors (collectively, the “Releasees”) from any and all liability for any and all claims, losses, damages, injuries, death, damage to or loss of personal property, costs and expenses (including reasonable attorneys’ fees) of any kind arising out of or relating to your participation in this Promotion; your acceptance, possession, use, or misuse of your prize; and/or the Releasees’ use of your photo and/or Name and Likeness (including without limitation liability from and claims for libel, defamation, invasion of privacy or right of publicity, infringement of copyright, or violation of any other right); and (ii) agree to indemnify and hold harmless the Releasees from and against any and all third-party claims, losses, damages, liabilities, injuries, death, damage to or loss of personal property, costs, and expenses (including reasonable attorneys’ fees) of any kind arising out of or relating to your participation in this Promotion; your acceptance, possession, use, or misuse of your prize; and/or the Releasees’ use of your photo and/or Name and Likeness (including without limitation liability from and claims for libel, defamation, invasion of privacy or right of publicity, infringement of copyright, or violation of any other right); and (iii) acknowledge and agree that the Releasees have not made and are not responsible or liable for any guarantees, warranties, or representations, express or implied, regarding the prizes. The prizes must be accepted as awarded, and the prizes are awarded “AS IS” and “AS AVAILABLE” with no guarantee, warranty, or representation, express or implied, in fact or in law.

The winners of the Promotion (and the Grand Prize winner’s travel companion) may be required to sign an Affidavit of Eligibility and Release, containing a release of any and all liability from any claims for damages, losses, death, or injury against Releasees arising from use of the prizes, and such other forms as Sponsor may require. Requiring the winners (and the Grand Prize winner’s travel companion) to sign the Affidavit of Eligibility and Release and/or other documents, however, in no way limits the above release of liability or any other provision of these Official Rules.

13. Limitations of Liability. Releasees are not responsible for: (i) any incorrect or inaccurate information, whether caused by participants, printing or typographical errors, or by any of the equipment or programming associated with or utilized in the Promotion; (i) technical failures of any kind, including without limitation malfunctions, interruptions, or disconnections in phone lines, network availability, server or other connections, hardware or software, or other equipment; or other disruption related to Internet traffic, viruses, or otherwise; (iii) forces beyond the reasonable control of Sponsor that may cause the Promotion to be disrupted or corrupted; (iv) unauthorized human intervention in any part of the entry process or the operation of the Promotion; (v) technical or human error which may occur in the administration of the Promotion or the processing of entries; (vi) late, lost, incomplete, inaccurate, misdirected, illegible or unintelligible, undeliverable, damaged, or stolen entries or correspondence; or (vii) any death, injury, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from a participant’s participation in the Promotion; downloading of information regarding the Promotion; receipt, possession, use, or misuse of a prize; or use of the winners’ Name and Likeness. If, for any reason, a participant’s entry is confirmed to have been erroneously deleted, lost, stolen, misdirected, or otherwise destroyed or corrupted, participant’s sole remedy is another entry in the Promotion, if it is possible at that time.

14. Disputes; Limitation of Liability. Except where prohibited, participants agrees that:  (i) these Official Rules, and the rights and obligations of the participants and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Washington without giving effect to any conflict-of-law rules that would result in the application of the laws of any other jurisdiction; (ii) any and all disputes, claims, and causes of action arising out of or connected with this Promotion or the prizes shall be resolved individually, without resort to any form of class action, and exclusively by the U.S. District Court for Washington or the appropriate Washington State Court located in King County, Washington; and participants submit to the exclusive jurisdiction and venue of the courts located in the State of Washington for any and all causes of action relating to this Agreement; (iii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred by the applicable participant relating to the Promotion, including costs associated with entering the Promotion and claiming a prize, if any, but in no event will any participant be awarded attorneys’ fees; (iv) under no circumstances will participants be permitted to obtain awards for, and participants hereby waive all rights to claim, indirect, punitive, special, exemplary, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses incurred; and (v) under no circumstances will participants be permitted to obtain awards for, and participants hereby waive all rights to have, damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES SO THE ABOVE MAY NOT APPLY TO YOU.

15. General. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of such term on another occasion or any other term. Sponsor reserves the right to cancel, suspend, and/or modify the Promotion, or any part of it, if any fraud, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, or if the Promotion is not capable of being executed as planned for any other reason, as determined by Sponsor in its sole discretion. If the Promotion is terminated before the end of the Promotion Period, Sponsor may, in its discretion, select three winners from all eligible entries received as of the termination date. Sponsor reserves the right, in its sole discretion, to disqualify any individual who Sponsor finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of the Official Rules of this Promotion or in a disruptive manner.

CAUTION: Any attempt by any person to defraud Sponsor in connection with the Promotion, to damage any website, or to otherwise deliberately undermine the legitimate operation of the Promotion, may be a violation of criminal and civil laws and subject to criminal and civil penalties. Should such an attempt be made, Sponsor will disqualify any such person from the Promotion, without notice to such person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law and to cooperate in the prosecution of any such conduct.

15. Winner Name. To request the winners’ names, please send a self-addressed, stamped envelope to Virginia Street Joint Venture, LLC, 300 Virginia Street, Seattle, Washington 98101; or send an email to [insert email address].

Consumer Disclosure: You have not yet won. No purchase or payment is necessary to enter or win. Promotion Entry Period: Jan. [insert day], 2019 at [insert time] Pacific Standard Time (“PST”) to Jan. [insert day], 2019 at [insert time] PST. Three prizes will be awarded to the people with the top three photos. Grand Prize: One (1) night’s stay at the Fairmont Pacific Rim Hotel in Vancouver, Canada with an approximate retail value (“ARV”) of [insert]; a USD one hundred ($100) gift card to the Botanist Restaurant in Vancouver, Canada; and a USD one hundred ($100) gift card to Willow Stream Spa in Vancouver, Canada. The total combined ARV of all three elements of the Grand Prize is USD [insert]. Second Place Prize: [insert prize details and ARV]. Third Place Prize: USD one hundred ($100) gift card to June Baby Restaurant in Seattle, Washington. The odds of winning depend on the number of eligible participants. Limit: One entry per person. Must be 18+ and U.S. resident. Other restrictions apply. Sponsor: Virginia Street Joint Venture, LLC, 300 Virginia Street, Seattle, Washington 98101.