NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED AND THE SKILL OF EACH ENTRANT AS DETERMINED BY THE JUDGES (AS DEFINED BELOW). THIS IS A SKILL-BASED CONTEST. PRIZE ACCEPTANCE RELEASE MAY BE REQUIRED. SPONSOR OBTAINS A NON-EXCLUSIVE LICENSE TO POST AND USE ANY AND ALL CONTENT SUBMITTED AS PART OF THE CONTEST. VOID WHERE PROHIBITED BY LAW.
TRIP INVITATION MUST BE ACCEPTED ON THE DATES DESIGNATED BY SPONSOR, CURRENTLY CONTEMPLATED TO BE ON OCTOBER 24, 2014 THROUGH NOVEMBER 7, 2014 OR THE PRIZE MAY BE FORFEITED.
BY ENTERING (OR OTHERWISE PARTICIPATING) IN THE CONTEST, ENTRANTS AGREE TO THESE OFFICIAL RULES, WHICH CREATE A CONTRACT SO READ THEM CAREFULLY BEFORE ENTERING. SUCH CONTRACT INCLUDES, WITHOUT LIMITATION, GRANTS OF RIGHTS AND INDEMNITIES TO SPONSOR FROM YOU, MANDATORY ARBITRATION OF DISPUTES, A WAIVER OF THE ABILITY TO BRING CLAIMS IN CLASS ACTION AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
Defy Media, LLC (“Sponsor“) 498 Seventh Avenue, 19th Floor New York, NY 10018.
The “Mutt Cutts Tour Video” Contest (“Contest“) is open to legal residents of the fifty (50) United States and the District of Columbia (excluding Alaska and Hawaii), who are eighteen (18) years of age or older, at the time of entry and are registered members of YouTube.com. Employees of Sponsor, NBCUniversal, Inc. (“NBCU“”), Red Granite Pictures (“Red Granite“”), and each of their respective parents, affiliates, subsidiaries, advertising and promotion agencies, agents, directors, officers and distributors and other Suppliers (defined below), and each of their immediate family members and/or those living in the same household (whether legally related or not) of each are ineligible to enter the Contest or win the Prize (as defined below). By entering or participating in the Contest, Entrants agree to be bound by these “Official Rules” and the decisions of the Judges and/or Sponsor, which are binding and final on matters relating to this Contest, including, without limitation, interpretation of the Official Rules. Void where prohibited by law.
The Contest begins with the beginning of the Submission Period on or about July 23, 2014 at 12:01 a.m. Pacific Time (“PT“) and the Submission Period ends at 11:59 p.m. PT on October 6, 2014 and final judging is expected to be completed by October 20, 2014 (unless extended by Sponsor in its sole and absolute discretion) (the “Contest Period“):
12:01 a.m. PT on July 23, 2014
11:59 p.m. PT on October 6, 2014
October 7, 2014
October 20, 2014
Between October 21 and 24, 2014
You and a partner (each team, “You” and/or “Entrant“) create a video about why You are the biggest Dumb and Dumber fans in the world (“Submission“) and upload to the Contest Website (defined below). Visit http://www.muttcutts.com (“Contest Website“) which contains the Contest entry form and Submission mechanism. During the Submission Period, complete the entry form in its entirety, which requires You to include Your team’s designated contact person’s first and last name, e-mail address, telephone number, ZIP code, and date of birth and upload Your Submission as directed. ONCE TRANSMITTED ALL SUBMISSIONS BECOME PART OF THE CONTEST AND MAY NOT BE REMOVED BY THE ENTRANT FROM ENTRANT’S YOUTUBE ACCOUNT, EVEN IF ENTRANT WITHDRAWS FROM CONTEST CONSIDERATION AND, BY ENTERING, EACH ENTRANT AGREES THAT IT SHALL IMMEDIATELY REMOVE SUBMISSIONS FROM PUBLIC ACCESS AT SPONSOR’S REQUEST. Each eligible Submission to the Contest will be an entry in the Contest (“Entry“). All Entries must be received within the Submission Period. For purposes of this Contest, an Entry is “received” when the Contest Website’s servers record the entry information. Proof of sending (such as an automated computer receipt confirming entry or “thanks for entering” message) does not constitute proof of actual receipt of an Entry for purposes of this Contest. The database clock of the Contest Website will be the official time keeper for the Contest. By submitting an Entry to the Contest, each Entrant is affirming his/her agreement to the Official Rules. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor will be disqualified.
There is a limit of one (1) Entry/per Entrant/per email address. Use of any automated system to submit an Entry is prohibited and will result in disqualification. Sponsor reserves the right to void all Entries made through any robotic, automatic, mechanically programmed or similar entry duplication method and to disqualify any individual using such a method.
In the event of a dispute as to the identity of any Entrant who submits an online Entry, the Entry will be deemed submitted by the holder of the e-mail account or IP address, at Sponsor’s election, for whom the entry form was completed. The “account holder” is the person assigned an e-mail address or service by the organization responsible for assigning addresses for the domain associated with the submitted address. Winner may be required to show proof of being the authorized account holder and representative for their team. If a dispute cannot be resolved to the Sponsor’s satisfaction, the Entry will be deemed ineligible.
Sponsor and affiliated entities are not responsible for lost, misdirected, misplaced, stolen, tampered with, deleted, or invalid Entries. Assurance of delivery of Entries is the sole responsibility of the Entrant.
If any Submission fails to comply with any of these Submission Content Guidelines, THE YouTube Terms of Service and Community Guidelines, or any other provisions of these Official Rules, Sponsor reserves the right to disqualify the Entrant and the Submission will not be eligible to win.
Each of NBCU and Red Granite grants Entrants a limited, revocable, non-sublicensable license to use the Dumb and Dumber Materials for the sole purpose of participating in this Contest. Entrants are not permitted to make any further use of the Dumb and Dumber Materials for any purpose whatsoever. In addition, Entrants recognize that all rights, title, and interest in the Dumb and Dumber Materials shall vest exclusively to the respective owner thereof, and Entrant agrees that he or she has not and will not take any action that might harm or adversely affect such rights. No right, title or interest in and to the Dumb and Dumber Materials except for the limited license granted to Entrant in these Official Rules is transferred or created. Each Entrant further acknowledges and agrees that the Dumb and Dumber Materials rights are valid and enforceable, and that Entrant shall do nothing to challenge the validity or enforceability of the Dumb and Dumber Materials in any forum. Entrants agree that the use of the Dumb and Dumber Materials is permitted only for the purpose of making a Submission in this Contest, and that any use of the Dumb and Dumber Materials (whether in the Submission or otherwise) beyond this scope infringes the rights of their owners and will result in irreparable harm thereto.
Each Entrant retains ownership of his/her Submission. Each Entrant hereby grants to each of Sponsor, NBCU, Red Granite and their parent, affiliate, and subsidiary companies and designated agents a non-exclusive, transferable, perpetual, irrevocable, royalty free, unconditional, fully paid license and right: (a) to post and to make, have made, use, copy, reproduce, modify, and create derivative works of, the Submission and any materials provided by the Entrant with the Entrant’s Submission or otherwise through the Contest (“Entrant Materials“); (b) to publicly perform or display, import, broadcast, transmit, distribute (directly and indirectly), or license the Submission and Entrant Materials (and derivative works thereof); and (c) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties. Additionally, each Entrant consents to the use of the name, statements, photographs, videos, voice recordings and likenesses of himself/herself and any other person appearing in the Submission and Entrant Materials, for publicity purposes, as well as any other purpose associated with the Contest.
If requested, Entrant will sign any documentation that may be required for Sponsor, NBCU, Red Granite and their parent, affiliate, and subsidiary companies and designated agents to make use of the non-exclusive rights Entrant is granting to use the Submission and Entrant Materials.
After the conclusion of the Submission Period, assuming a sufficient number of eligible Entries are received, a team of four (4) judges, with one each from Sponsor, NBCU, Red Granite, and the filmmaking team behind Dumb and Dumber To (collectively, the “Judges“) assembled by Sponsor, will review and judge all eligible Entries based on overall artistic merit of the work, using the following ranking criteria:
The Submission with the highest total overall score (as determined by Judges) will be determined to be the potential winning submission (each individual team selected, a “Winner” and, the team members, together, the “Winners“”), subject to confirmation that such potential Winner has met the eligibility requirements and complied with these Official Rules and full and timely completion and return of Prize claiming requirements described below. In the event of a tie during the Winner determination process, the Sponsor will break the tie using the highest ranking submission in the creativity category. If there still remains a tie, the Sponsor will break the tie using the highest ranking submission in the matching the personality category. The Judges’ decisions are final and binding and not subject to challenge or appeal.
Sponsor reserves the right to conduct an interview and background check of any and all records of the Winner, including, without limitation, civil and criminal court records and police reports. To the extent necessary under law, Winner shall authorize this background check. Sponsor may also take all steps necessary to corroborate any information provided to Sponsor by Winner in his/her interview and/or background check. In that regard, Winner will be obligated to provide necessary contacts and information so that Sponsor may conduct such investigation. Sponsor reserves the right (at its sole discretion) to disqualify the Winner from any prize element, based on the background check.
Odds of winning the Prize will depend upon the total number of eligible Entries received during the Submission Period and the skill of each Entrant as determined by Judges.
Sponsor will be awarding one (1) grand prize (the “Prize“) consisting of: (a) two (2) roundtrip economy/coach airline tickets for the Winner via Sponsor-selected air carrier(s) from such major commercial airport selected by Sponsor in its sole and absolute good faith discretion to New York, NY on October 24, 2014 for the commencement of the Dumb and Dumber To: Mutt Cutts promotional tour (the “Tour“”) and, on November 8, 2014 from Los Angeles, CA to a major commercial airport selected by Sponsor in its sole and absolute good faith discretion; (b) daily travel for a period of fourteen (14) days on the Mutt Cutts Shaggin’ Wagon van to each Tour stop (each, a “Tour Stop“”), participation in activities and events at each Tour Stop (at Sponsor’s sole good faith discretion), and daily travel from each Tour Stop to the hotel location designated by Sponsor for each Tour evening; (c) during the tour, a nightly hotel stay (two (2) standard rooms based on single occupancy) for the Winners; (d) two (2) passes to attend the Los Angeles premiere screening of Dumb and Dumber To; (e) ground transportation from the Los Angeles hotel to the airport, and to and from the Los Angeles hotel and premiere screening; and (f) during the Tour, a reasonable per diem to be established by Sponsor in its sole good faith discretion. The total number and locations of, and activities at (if any), the Tour Stops shall be at Sponsor’s sole good faith discretion. The approximate retail value (“ARV“) of the Prize is Five Thousand Dollars ($5,000.00).
Address of premiere screening theatre will be provided by the Sponsor a reasonable time prior to the premiere. The Winners are advised to arrive at least two (2) hours prior to the premiere’s start time. No one will be admitted without a ticket or after the premiere begins. If, for whatever reason, any Tour Stop and/or the premiere screening are cancelled or rescheduled, no compensation will be paid in lieu of any cancellation or rescheduling. No responsibility is assumed by Sponsor if any Tour Stop and/or screening is cancelled, rescheduled, delayed or postponed, in whole or in part. Unused tickets, if any, cannot be refunded or exchanged.
WINNERS WILL BE REQUIRED TO PARTICIPATE IN THE ENTIRE TOUR AND INABILITY TO DO SO MAY, AT SPONSOR’S SOLE DISCRETION, RESULT IN FORFEITURE OF THE PRIZE.
The Sponsor and/or any other relevant party reserve the right to remove or deny entry to Winners who engage in a disorderly or disruptive manner (as determined by Sponsor in its sole discretion), or with intent to annoy, abuse, threaten, or harass any other person. Further, if any such actions occur, Sponsor reserves the right to terminate the event experience early and send the Winners home with no further compensation.
Sponsor will not replace any lost or stolen Prize or parts thereof. Prize is non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. Prize details and availability are subject to change, and in the event that Sponsor is unable to provide the Winner with the Prize or part(s) thereof, the Sponsor may elect, at the Sponsor’s sole and absolute discretion, to provide Winner(s) with the approximate value of such item in cash or award an alternate prize of comparable or greater value. PRIZE IS AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). Prizing may be fulfilled by a third party.
If, as part of the Prize, the winning Entry or Entries will be publicly displayed, performed, broadcast, duplicated, manufactured, provided for sale, advertising purposes, etc., Entrants acknowledge and agree no additional agreement or consent of the Winner will be necessary to so. Upon submission, Entrants hereby grant to Sponsor all necessary rights to use the winning Entry as stated. The sole compensation to the Winner will be the Prize and no additional compensation will be due or paid as a result of the Entry being used as contemplated in these Official Rules.
Winner(s) will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the Prize(s) they receive. The stated ARV of the Prize(s) in the Official Rules is based on available information provided to Sponsor and the value of any Prize awarded to a Winner may be reported for tax purposes as required by law. The Winner(s) must provide Sponsor with a valid social security number before the Prize will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of each Winner(s), or if a minor in the jurisdiction in which s/he resides, in the name of his/her parent or legal guardian, for fifty percent (50%) of the actual value of the Prize(s) received. Unclaimed Prize(s) will be forfeited.
All travel and accommodations are subject to availability. Travel is subject to the following: only from and to major airports served by the carrier providing the ticket(s); subject to all carrier restrictions, requirements, rules, regulations, policies, service charges, black out dates, advance ticketing requirements and availability within the class of flight awarded on the date of flight; and not transferable or redeemable for cash, credit or substitute. All costs and expenses not specified herein, including meals, in-room charges, transfers, travel insurance, gratuities, additional ground transportation, bag check fees, personal incidentals and all other expenses are the sole responsibility of Winner. If a travel Prize is for a specified time period or event and the potential Winner is unable to travel on dates specified by Sponsor, their Prize may (in Sponsor’s sole discretion) be forfeited and an alternate potential Winner may be selected by Sponsor. The Winners (if applicable) must travel together on the same itinerary, including the same departure date, destination and return date. Travel must originate from and end at the same airport. It is the Winners’ sole responsibility to comply with all travel requirements, which may include, without limitation, presenting necessary identification (including photograph) at the time of travel. If an alternate potential Winner cannot be verified in time to meet advance booking requirements or other restrictions, the travel portion of the Prize may remain unawarded and no substitute Prize awarded. Sponsor is not responsible if specified Prize event is delayed, postponed or cancelled for any reason, in which event that portion of the Prize is forfeited in its entirety and no substitution will be provided, except as in Sponsor’s sole discretion. Sponsor is not liable for any missed Prize events, opportunities or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay. Flight schedules are subject to change without notice. No refund or compensation will be made in the event of the cancellation or delay of any event or flight, or failure of Winners to complete travel. The Winners may be required to provide a credit card at the time of hotel check-in. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. If Winner is a minor in his or her state of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi), then such Winner must travel with his/her parent or legal guardian (“Travel Guest“”) at their sole expense and such Travel Guest must execute liability/publicity releases prior to issuance of travel documents. Once a Travel Guest is selected, he/she may not be substituted, except in Sponsor’s sole discretion. Actual retail value of the Prize may vary depending on the Winner’s residence, market conditions, changes in value of components (e.g., air transportation and hotel rates) and other reasons. Sponsor is not responsible for and Winner will not receive the difference between the actual value of the Prize at the time of award and the stated ARV in the Official Rules. Failure to complete the trip component of the Prize does not relieve the Winner of his/her tax obligations associated with winning the trip component of the Prize.
The Sponsor will not be responsible for awarding any unawarded Prizes, if the Winner’s behavior (or Winner’s Guest) at any time whatsoever causes the Sponsor to force the Winner (or Winner’s Travel Guest) to leave such event and/or if hotel or transportation vendors refuse service to the Winner (or Winner’s Travel Guest). Also, the Sponsor will not be responsible for awarding any unawarded portion of the Prize to the Winner if, the Winner undertakes activities or communicates messages or images or engages in speech publicly or made known publicly that: (a) are sexually explicit, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; (b) are obscene or offensive, or may create public disrepute, contempt, scandal or ridicule; (c) defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any third party’s or Sponsor’s personal or intellectual property rights or contain disparaging remarks about other people or companies; (d) are inconsistent with the positive images and/or goodwill to which the Sponsor wishes to associate (which may be determined by the Sponsor, at its sole and absolute discretion); and/or (e) otherwise violate the terms of any of the agreements that the Winner has agreed to comply with as an Entrant of the Contest.
The potential Winners will be notified by e-mail and/or telephone on or about October 26, 2014. Notification is deemed to have occurred immediately upon sending of an e-mail or placing of a phone call. Each potential Winner of the Contest and the Guest (if applicable) may (in Sponsor’s sole discretion) be required to execute an affidavit of eligibility/release of liability/prize acceptance agreement (the “Prize Acceptance Release“) and return the Prize Acceptance Release before being eligible to receive his or her Prize. If any potential Winner fails or refuses to sign and return such Prize Acceptance Release within forty-eight (48) hours of the first (1st) notification attempt or if the Prize or Prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential Winner, such potential Winner (in Sponsor’s sole discretion) may be disqualified and an alternate may (in Sponsor’s sole discretion) be selected. Parents or legal guardians of any Winner under the age of majority in their state of residence may be required to also execute the Prize Acceptance Release in order for the Winner to be qualified to receive their Prize. If any potential Winner is found to be ineligible, or if he or she has not complied with these Official Rules, he or she may be disqualified in Sponsor’s sole discretion, and an alternate potential Winner may then, in Sponsor’s sole discretion, be selected by the Judges from the criteria set forth above. The Prize Acceptance Release is subject to verification by Sponsor.
Sponsor is not responsible for and shall not be liable for late, lost, damaged, intercepted misdirected, or unsuccessful efforts to notify the potential Winners, or if potential Winner is a minor, for late, lost, misdirected, or unsuccessful efforts of potential Winner to provide signed parental or guardian consent. When a potential Winner is contacted, he/she will have forty-eight (48) hours within which to respond to the notification, or he/she will be disqualified and his/her Prize forfeited, and an alternate potential Winner may be selected.
Subject to applicable law, Winner(s) irrevocably grant each of Sponsor, NBCU, Red Granite and their parent, affiliate, and subsidiary companies and designated agents and licensees, and its and their successors, assigns and sublicensees the right and permission to use their name (except that the name of Tennessee residents who do not so consent will not be used for purely publicity purposes), voice, likeness, image, recording, and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Contest, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the Prize(s) to the Winner(s). Entrants agree not to issue any publicity concerning Sponsor.
Each Entrant hereby represents and warrants that he or she has read, understands and will follow these Official Rules. Entrants further represent and warrant that Submissions and all elements therein (except Dumb and Dumber Materials) submitted as part of the Contest: (1) are wholly original work of the Entrant; (2) will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations; and (3) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof. Each Entrant further represents and warrants that he or she is a legal resident of the United States or the District of Columbia, and is at the time of entry, at least eighteen (18) years of age. Each Entrant further represents and warrants that he or she has the right to agree to and fully perform consistent with these Official Rules and the consent of no third parties are required to grant the rights hereunder. Entrants agree to defend, indemnify and hold Sponsor, NBCU, Red Granite, and each of their respective parents and each of their respective affiliates, subsidiaries, successors, assigns and licensees, harmless from and against any third party claim, to the extent relating to any breach of any representation, warranty or covenant made by such Entrant in connection with his or her acceptance of these Official Rules or Contest activities.
Sponsor is not responsible for the actions of Entrants in connection with the Contest, including Entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest. Persons found tampering with or abusing any aspect of this Contest, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Contest, as determined at the sole discretion of Sponsor, may result in immediate disqualification of the Entrant, as well as other possible consequences, including disqualification from any and all existing and future contests. ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEBSITE (INCLUDING THE CONTEST WEBSITE) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute discretion, to disqualify any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
By participating, Entrants agree to be bound by the Official Rules and the decisions of the Sponsor (including, without limitation, regarding qualification of Entrants and Winners and interpretation of these Official Rules). By participating in the Contest, Entrants agree to release, discharge and hold harmless Sponsor, NBCU, Red Granite, and each of their respective parents, subsidiaries, affiliates, agents, distributors, licensors, licensees, representatives, attorneys, Prize providers and advertising and promotion agencies, and each of their respective directors, officers, employees, agents, successors and assigns (“Released Parties“): from and against and any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to Entrants’ participation in the Contest and/or related to any Prize (including, without limitation, losses, damages or injuries to Entrant’s or any other person’s equipment or other property, or to their persons (including death), related to participation in the Contest; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or Prize). Without limiting the generality of the foregoing Entrants agree that Released Parties: (A) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Contest and/or with respect to Prizes, including, without limitation, to any Prize’s quality or fitness for a particular purpose; (B) maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, manufacturer or other person or entity furnishing services, products or accommodations (“Suppliers“) as a part of the Prizes provided in connection with the Contest; and (C) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (1) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (2) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (3) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (4) by any cause, condition or event whatsoever beyond the control of the Released Parties. Entrants agree that the Released Parties shall have no responsibility or liability for discontinued Prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsor; interruption or inability to access Contest Website or Sponsor or affiliated entities’ respective websites, or any online service via the Internet due to hardware or software compatibility problems; any damage to participant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Contest; any lost/delayed data transmissions, omissions, interruptions, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Each Entrant further agrees to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from the Contest and to release all rights to bring any claim, action or proceeding against Released Parties and hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a Prize, including express warranties provided exclusively by a Supplier that may be sent along with a Prize. Sponsor is not responsible for the actions of Entrants in connection with the Contest, including Entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest. By participating in this Contest, Entrants hereby agree to irrevocably release and hold the Released Parties harmless from and against all losses, damages, liabilities, claims, actions, proceedings, or judgments arising out of or relating to Entrants’ Submissions or participation in this Contest or in connection with (including any use or misuse) of any Prizes awarded hereunder. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542“) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
Sponsor reserves the right, in its sole discretion, to modify, change, add to, delete, suspend or terminate these Official Rules, the Contest and/or the Prize for any reason whatsoever without giving notice to Entrants. Sponsor additionally reserves the right, in its sole discretion: (1) to modify, suspend or terminate the Contest should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Contest; or (2) to disqualify any Entrant found to be, or suspected of: (a) tampering with the entry process or the operation of the Contest; (b) acting in violation of these Official Rules; or (c) acting in an un-sportsmanlike manner. All Entrants must check the Contest Website regularly to determine if there have been any changes made to the Official Rules, the Contest or the Prize.
In the event Sponsor is prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal state or local government law, order, or regulation, 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 or terminate the Contest.
BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS $250.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
EACH PERSON WHO PARTICIPATES IN THE CONTEST IRREVOCABLY AGREES THAT SUCH DISPUTE(S) WILL BE RESOLVED SOLELY BY BINDING ARBITRATION BEFORE A SOLE ARBITRATOR, WITH EXPERIENCE IN ADVERTISING OR PROMOTION AND ENTERTAINMENT LAW, UNDER THE RULES AND REGULATIONS OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA“); PROVIDED, HOWEVER, THAT NOTWITHSTANDING THE PARTIES’ DECISION TO RESOLVE ANY AND ALL DISPUTES ARISING UNDER THIS CONTEST THROUGH ARBITRATION, SPONSOR MAY (1) SEEK TO OBTAIN INJUNCTIVE RELIEF OR OTHER EQUITABLE RELIEF FROM A COURT TO ENFORCE THE PROVISIONS OF THESE OFFICIAL RULES; (2) BRING AN ACTION IN COURT TO PROTECT AND INTERPRET SPONSOR’S INTELLECTUAL PROPERTY RIGHTS; AND/OR (3) BRING AN ACTION TO ENFORCE THE DECISION OF THE ARBITRATOR BEFORE ANY COURT WITH APPLICABLE JURISDICTION. The arbitration will be held in New York, New York or Los Angeles, California (which ever location is closer to Entrant’s home). The arbitrator will apply the substantive laws of the state of New York, will issue a written decision and will have the power to award any legal remedies except as limited by these Official Rules. The parties will split the arbitrator’s fee; provided, however, if applicable law requires Sponsor to pay the arbitrator’s fee in order for the arbitration provision to be enforceable, Sponsor shall have the discretion to elect to pay such fees and proceed to arbitration. Entrant irrevocably waives any right to bring or join in any class action regarding the Contest. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that any party fails to appear to any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear. In no event shall any Entrant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation of this Contest (or any website connected therewith), exploitation of any advertising or other materials issued in connection therewith, or exploitation of this Contest (or any website or any content or other materials used or displayed on the website used in connection with the Contest) or the Entrant’s Submission(s).
The invalidity or unenforceability of any provision of these Official Rules or the Prize Acceptance Release will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Prize Acceptance Release is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, YOUTUBE.
To receive a list of Winner(s), send a stamped self-addressed envelope to: Mutt Cutts Tour Video Contest Winners List, c/o Defy Media, LLC at 498 Seventh Avenue, 19th Floor New York, NY 10018. A Winners’ list may also be posted on the Contest Website for sixty (60) days after the Winner is selected. For a copy of these Official Rules send a legal-size, self-addressed, stamped envelope to: Mutt Cutts Tour Video Contest Official Rules, c/o Defy Media, LLC at 498 Seventh Avenue, 19th Floor New York, NY 10018 prior to October 31, 2014. Vermont residents may omit return postage with Official Rules requests.
//END OFFICIAL RULES//© 2014 Defy Media, LLC All Rights Reserved.