OFFICIAL RULES FOR CONTESTS AND SWEEPSTAKES
The following Official Rules for Contests and Sweepstakes (“Official Rules”) apply to each contest and sweepstakes (each a “Promotion”) sponsored by Cheezburger, Inc. (“Sponsor”). These Official Rules are in addition to all rules and requirements published in the announcements about a specific Promotion or on a Promotion-specific entry page (collectively, “Promotion Announcements”), which is incorporated herein by reference in its entirety.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED BY LAW.
1. ELIGIBILITY. The Promotion is open only to legal residents of the fifty (50) United States and the District of Columbia who are 18 years of age or older at the time of entry, and who have created a Sponsor account with a valid email address. Officers, directors, employees, contractors, representatives and agents of Sponsor, and each of their respective immediate families and household members are not eligible to enter the Promotion. Participation in the Promotion, including submitting an entry, constitutes entrant’s full and unconditional agreement to these Official Rules and all rules and requirements published in the Promotion Announcements.
2. PROMOTION PERIOD; METHOD OF ENTRY; NUMBER OF ENTRIES ALLOWED; PRIZES. The start and end date of the Promotion, the method of entry, the maximum number of entries allowed, and a description of the prize(s) to be awarded are published in the Promotion Announcements. All entries must be received by Sponsor by the posted entry deadline and in the manner of entry stated in the Promotion Announcements. The use of any system, robot, agent, or software to automatically submit entries in connection with a Promotion is prohibited, and all such entries will be disqualified. All entries become property of Sponsor and will not be returned.
3. WINNER(S) SELECTION; ODDS OF WINNING. Winner(s) of a sweepstakes will be selected by Sponsor in a random drawing from among all eligible entries received by Sponsor. Sponsor’s decision as to winner(s) is final. Odds of winning sweepstakes depend on the number of eligible entries received. Winner(s) of a contest will be selected based upon the decision of the judges according to the criteria published in the Promotion Announcement. The judges’ decision as to winner(s) is final. Odds of winning contest depend on the number of eligible entries received.
4. WINNER(S) NOTIFICATION. Each Promotion winner will be notified at the email address provided in, or in connection with submission of, winner’s entry. Return of a prize notification as undeliverable, or failure of a winner to respond to the prize notification may result in disqualification and an alternate winner may be selected from among all remaining eligible entries. Each winner will be required to complete an Affidavit of Eligibility, Publicity Release and Liability Waiver which must be returned within the time period specified. Failure to sign and return the Affidavit of Eligibility, Publicity Release and Liability Waiver may result in a winner’s disqualification, the forfeiture of the prize, and the award of the prize to an alternate winner. valid photo identification may also be required to claim a prize.
5. PRIZE TERMS. Prize(s) cannot be substituted, exchanged, assigned or transferred, except that Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value. Each winner is solely responsible for reporting and payment of any federal, state and/or local taxes on prizes. Each winner is solely responsible for any costs related to participating in the Promotion and claiming or using a prize.
6. WAIVER OF LIABILITY; DISCLAIMER OF WARRANTIES. BY PARTICIPATING IN THE PROMOTION, INCLUDING SUBMITTING AN ENTRY, ENTRANT WAIVES ANY AND ALL CLAIMS AGAINST SPONSOR, ITS PARENT CORPORATION AND/OR SUBSIDIARIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSEES, AND REPRESENTATIVES (COLLECTIVELY, “RELEASED PARTIES”) FOR ANY INJURY, DAMAGE OR LOSS THAT MAY OCCUR, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM PARTICIPATION IN THE PROMOTION OR FROM THE RECEIPT OR USE OF ANY PRIZE. SPONSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PROMOTION OR ANY PRIZE, AND TO THE EXTENT ALLOWABLE UNDER LAW, FULLY DISCLAIMS ALL SUCH WARRANTIES. ENTRANT(S) AND WINNER(S) ASSUME ALL DAMAGES FROM PARTICIPATION IN THE PROMOTION OR USE OF A PRIZE, AND WAIVE ALL CLAIMS AGAINST SPONSOR OR ANY RELEASED PARTIES ARISING THEREFROM. SPONSOR IS NOT RESPONSIBLE FOR ANY MISDIRECTED, LOST, LATE, INACCURATE OR INCOMPLETE ENTRIES, AND SUCH ENTRIES WILL BE VOID. SPONSOR IS NOT RESPONSIBLE FOR: (A) ANY COMPUTER, TELEPHONE, CABLE, NETWORK, SATELLITE, ELECTRONIC OR INTERNET HARDWARE OR SOFTWARE MALFUNCTIONS, FAILURES, CONNECTIONS, AVAILABILITY, (B) GARBLED OR JUMBLED TRANSMISSIONS, (C) SERVICE PROVIDER/INTERNET/WEB SITE/USE NET ACCESSIBILITY OR AVAILABILITY, TRAFFIC CONGESTION, (D) UNAUTHORIZED HUMAN INTERVENTION OR (E) THE INCORRECT OR INACCURATE CAPTURE OF ENTRY INFORMATION OR THE FAILURE TO CAPTURE ANY SUCH INFORMATION.
7. CONSENT TO RECEIVE COMMUNICATIONS AND USE OF NAME AND LIKENESS. By entering the Promotion, each entrant gives his or her express permission to receive promotional emails from Sponsor or from third-parties directed by Sponsor. Acceptance of a prize constitutes permission to the Sponsor to use winner’s name, likeness, biographical information, city and state of residence and entry materials for advertising, promotional, editorial, and publicity purposes, worldwide in perpetuity, in any media now known or hereafter created, without further compensation, except where prohibited by law. Sponsor is not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials at Sponsor’s sole discretion, without further obligation or compensation
8. RIGHTS TO ENTRY MATERIALS. You represent that you have the right to use any text, audio, video, audiovisual, html, links or other materials (the “Content”) you submit as part of a Promotion-entry, and no part of the Content infringes upon the copyright or any other statutory or common-law intellectual property rights (including without limitation trademark, service mark, and trade name rights), proprietary rights (including without limitation trade secrets), or rights of privacy or publicity of any third party (including Sponsor). You further warrant that the Content does not violate Sponsor’s Terms of Service and Use.
You fully assign to Sponsor all copyrights and other intellectual property rights in any Content transmitted by you. If for some reason the foregoing assignment is ineffective, you grant to Sponsor (and its contractors and service providers) a non-exclusive, worldwide, perpetual fully paid-up license (with the right to sublicense) to use, reproduce, modify, adapt, publish, translate, create derivative works from, and to distribute, perform, transmit and display such Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Content. In any event, Sponsor may freely exploit the Content without payment of any license fees to you or any third party, and may freely license this right to third parties.
As a condition of being awarded any Prize, Sponsor may, in its sole discretion, require Promotion winner(s) to execute a separate AFFIDAVIT OF ELIGIBILITY, PUBLICITY RELEASE AND LIABILITY WAIVER (“Affidavit of Eligibility and Release”), the form of which is located at http://blog.cheezburger.com/legal/cheezburger-contest-eligibility-and-waiver/, pursuant to which winners will consent to the releases and grant of rights set forth therein.
9. GOVERNING LAW; ARBITRATION; VENUE. The Promotion is subject to all applicable federal, state, and local laws and regulations. The laws of the State of Washington govern the Promotion without reference to choice of law principles. ANY DISPUTE REGARDING THE PROMOTION IS EXCLUSIVELY SUBJECT TO BINDING ARBITRATION (WITH ONE (1) ARBITRATOR SITTING) IN SEATTLE, WASHINGTON PURSUANT TO THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ENTRANTS HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THE PROMOTION. ENTRANTS FURTHER WAIVE ANY OBJECTION TO VENUE IN SEATTLE, WASHINGTON, WHETHER SUCH OBJECTION IS BASED ON LACK OF PERSONAL JURISDICTION, IMPROPER VENUE, FORUM NON CONVENIENS, OR THE LIKE.
10. GENERAL TERMS. Sponsor reserves the right to disqualify entries that do not comply with the Official Rules, the rules and requirements in the Promotion Announcements, or the content guidelines contained in the Sponsor Terms of Service and Use, and to disqualify any individual who tampers with the Promotion, as solely determined by Sponsor. By way of example and not limitation, the use of automated software to submit “upvotes,” “thumbs up,” likes” or other similar community votes (and/or other tampering with Promotion outcomes that rely on such mechanisms) is strictly prohibited and will void any associated entry. In the event the Promotion is compromised by a virus, non-authorized human intervention, tampering or other causes beyond the reasonable control of Sponsor which corrupts or impairs the administration, security, fairness or proper operation of the Promotion, Sponsor reserves the right in its sole discretion to suspend, modify or terminate the Promotion at any time. If the Promotion is terminated prior to the published end date of the Promotion, Sponsor reserves the right to award prize(s) based on the eligible entries received before the date of termination. The invalidity or unenforceability of any provision of these Official Rules or the rules and requirements published in the Promotion Announcements shall not affect the validity or enforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these Official Rules and the rules and requirements in the Promotion Announcements shall be construed in accordance with their terms as if any invalid or unenforceable provision was not contained therein.
11. FTC DISCLOSURE RULES. Each winner is required to comply with the FTC’s rules governing online endorsements or any similar rules when posting online reviews or comments regarding the Sponsor or its services.
12. THIRD PARTIES. The Promotion is not sponsored, endorsed or administered by, or associated with Facebook, Twitter, Instagram, LinkedIn or Google. You understand that you are providing your information to the Sponsor and not to any of the foregoing third parties.