Fuse’s “Big Freedia Re-Tweet Sweepstakes”

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Fuse, LLC (“Fuse” or “Fuse TV”) is giving you the opportunity to enter for a chance to win one (1) weekly prize of Boombotix Speaker valued at approximately $100.00 (“Prize”).

·      To enter: Create a Twitter account, “follow” @FuseTV on Twitter, and for each applicable week during the Sweepstakes Period that an entrant wishes to be eligible for the weekly Prizes, Re-Tweet any message that is posted by Fuse on the @FuseTV Twitter page during the Wednesday of such week, which references the Sweepstakes and requests a Re-Tweet (“Fuse Message”), and include the hashtag [#BigFreediaSweeps] in the Re-Tweet.

·      Two (2) weekly Prize winners (eight (8) total Prize winners during the Sweepstakes Period) will be picked at random on the Thursday of each week during the Sweepstakes Period to receive a Prize.

·      All Eligible Entries received during the Wednesday of each applicable week of the Sweepstakes Period in which such Eligible Entry was submitted will be entered for a chance to win a Prize.  Each of the Prize winners for the applicable week of the Sweepstakes Period will be picked at random on Thursday, October 8, October 15, October 22, and October 29, 2015 and announced by 11:00 PM EST on such day.

·      Sweepstakes Period: October 7, 2015 (8:00 AM EST) – October 29, 2015 (11:59 PM EST). For each set of weekly Prizes, all Eligible Entries must be submitted between the time that the first applicable Fuse Message is posted and 11:59 PM EST on the Wednesday of the applicable week during the Sweepstakes Period in which an Eligible Entrant wishes to be entered for a chance to win one (1) of the weekly Prizes.

·      Entrants must be legal residents of the United States and eighteen (18) years of age or older to enter, except for legal residents of the state of Alabama and Nebraska, who must be nineteen (19) years of age or older to enter, and legal residents of the state of Mississippi, who must be twenty-one (21) years of age or older to enter.

·      Participation in the Sweepstakes is subject to the Official Rules below.

·      Only one (1) Prize per entrant.  Any entrant who wins a Prize during a particular week of the Sweepstakes Period will not be eligible to win a second Prize during any subsequent week of the Sweepstakes Period.

Participation in the Sweepstakes is subject to the Official Rules below.

OFFICIAL RULES

Fuse’s “Big Freedia Re-Tweet Sweepstakes”

INTERNET ACCESS AND A TWITTER ACCOUNT ARE REQUIRED TO ENTER. TWITTER IS NOT A SPONSOR OF THIS SWEEPSTAKES. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. EACH ENTRANT MUST BE A LEGAL RESIDENT OF THE UNITED STATES AND EIGHTEEN (18) YEARS OF AGE OR OLDER (EXCEPT FOR LEGAL RESIDENTS OF THE STATE OF ALABAMA OR NEBRASKA, WHO MUST BE NINETEEN (19) YEARS OF AGE OR OLDER, AND LEGAL RESIDENTS OF THE STATE OF MISSISSIPPI, WHO MUST BE TWENTY-ONE (21) YEARS OF AGE OR OLDER) TO ENTER. ODDS OF WINNING EACHS SET OF WEEKLY PRIZES WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED DURING EACH WEEK OF THE SWEEPSTAKES PERIOD.

·      Entry Period: “Big Freedia Re-Tweet Sweepstakes” (the “Sweepstakes”) commences at 8:00AM Eastern Standard Time (“EST”) on October 7, 2015 and ends at 11:59PM EST on October 29, 2015 (the “Sweepstakes Period”). Entries received before or after the Sweepstakes Period will be deemed void. All Eligible Entries submitted between the time that the first applicable Fuse Message is posted and 11:59 PM EST on the Wednesday of the applicable week during the Sweepstakes Period in which an Eligible Entrant wishes to be eligible for one (1) of the weekly Prizes will be entered for a chance to win one (1) of the two (2) weekly Prizes, which will be picked at random on Thursday, October 8, October 15, October 22, and October 29, 2015.

Eligibility: This Sweepstakes is open to legal residents currently residing in the fifty (50) United States and District of Columbia who are at least eighteen (18) years of age at the time of entry, or at least nineteen (19) years of age at the time of entry with respect to legal residents of the state of Alabama or Nebraska; and at least twenty-one (21) years of age at the time of entry with respect to legal residents of the state of Mississippi. Void in all other geographic locations. Employees of Fuse (the “Sponsor”), Media Storm, LLC d/b/a Three Degrees f/k/a HIP GENIUS (the “Administrator”) and any of their respective parent, subsidiary and affiliated companies, or advertising and promotion agencies and their immediate families (parents, spouses, children, siblings, grandparents irrespective of where they reside) and/or those living in the same household of such employees (whether or not related thereto) are not eligible to enter the Sweepstakes. By entering the Sweepstakes, each entrant: (a) agrees to be bound by these Official Rules and by the interpretations of these Official Rules by the Sponsor; (b) agrees that all decisions of the Sponsor are final in all matters relating to the Sweepstakes; (c) releases and holds harmless the Sponsor, Administrator, Twitter, Inc., and their respective parents, subsidiaries and affiliated entities, directors, officers, employees, attorneys, agents, and representatives (collectively, the “Released Parties”) against any and all claims, liabilities or damages arising out of or relating to participation in this Sweepstakes and/or use or misuse or redemption of the Prize; (d) acknowledges full compliance with these Official Rules; (e) acknowledges full compliance with Twitter’s terms of use; and (f) waives any right to claim ambiguity in these Official Rules.

How to Enter: All entrants must have Internet access and a Twitter account to enter and must be a follower of Fuse TV on www.twitter.com (@FuseTV). To create a Twitter account, go to www.twitter.com and fill out the sign up form.  To become a follower of Fuse TV on Twitter, go to  www.twitter.com (@FuseTV ) and click the button that says “Follow”. There is no fee associated with creating a Twitter account or becoming a Twitter “follower.” To enter the Sweepstakes, an entrant must (1) create a Twitter account; (2) “follow” Fuse TV on Twitter (@FuseTV); and (3) on the Wednesday of each applicable week during the Sweepstakes Period that an entrant would like to be eligible for one (1) of the weekly Prizes, re-tweet any Fuse Message, including the hashtag [#BigFreediaSweeps] in the re-tweet. The re-tweet must include the original tweet in its entirety, must tag @FuseTV and be actually received by, and visible to, Sponsor and Administrator. Entrants who do not complete all of the steps listed in the preceding sentence during the Sweepstakes Period will not be counted and shall not be eligible to win a Prize. NOTE: Entries from entrants with "protected" Twitter updates (i.e., the entrant has set his/her account so that only people the entrant has approved can view their updates, posts or re-tweets) may not be received due to the way Twitter operates its service. By entering the Sweepstakes, you are confirming that you meet the eligibility requirements as detailed above. Each person may enter only one (1) time during each applicable week of the Sweepstakes Period in which such entrant did not previously win a Prize and each entrant is only eligible to win one (1) Prize during the Sweepstakes Period.  Any entrant who wins a Prize during any applicable week of the Sweepstakes Period may not once again enter and will not be eligible to win an additional Prize during any subsequent week of the Sweepstakes Period. Entrants must be a member in good standing of Twitter in order to participate in the Sweepstakes. Automated entries are prohibited, and any use of such automated devices or programs will be void and all entrants using such automated devices or programs will be disqualified. All entries submitted in accordance with these Official Rules and the Submission Guidelines set forth below shall be hereinafter referred to as “Eligible Entries.” All entries become the property of the Sponsor and will not be acknowledged or returned. The odds of winning the Prize depends on the number of Eligible Entries received during each applicable week of the Sweepstakes Period in which the weekly Prizes are awarded.

Submission Guidelines: Each Sweepstakes entry must comply with these Official Rules and the following Submission Guidelines. Any entry that, in Sponsor’s sole and absolute discretion, violates these Official Rules or the Submission Guidelines will be disqualified and will not be eligible to win the Prize.

Entries must NOT, in the sole discretion of Sponsor:

·      Contain material that violates or infringes upon another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;

·      Disparage Sponsor, the Sponsor’s competitors, Administrator, or any other person or party affiliated with the Sweepstakes;

·      Contain brand names or trademarks other than those owned by Sponsor;

·      Contain other identifiable human beings, other than the entrant;

·      Contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;

·      Contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; or

·      Contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where the entry is created.

Accessing Twitter Via Mobile Devices: Entrants accessing Twitter via the Internet will not incur any costs over and above their normal service provider fees. Therefore, no purchase is necessary. However, entrants accessing Twitter via cellular phone or other mobile device may incur costs for data use and roaming charges may apply if outside your local area. Any such costs incurred as a result of accessing Twitter via cellular phone or other mobile device are the sole responsibility of the entrant.

Prize Winner Selection/Notification: There will be two (2) potential weekly Prize winners randomly selected on the Thursday of each week during the Sweepstakes Period from among all of the Eligible Entries received during the Wednesday of such applicable week of the Sweepstakes Period. Only Eligible Entries received during the Wednesday of each week of the Sweepstakes Period will be eligible for the drawing for such applicable week of the Sweepstakes Period. The random drawing for the Prize winners will be conducted by the Sponsor or the Administrator at its principal place of business using random.org or similar automated drawing site or other randomization methods selected in its sole discretion promptly after the entries are collected. As a condition of being awarded the Prize, each potential winner must comply with these Official Rules as published, be confirmed as an official winner and execute and deliver to Sponsor a signed affidavit of eligibility and acceptance of these Official Rules, the Submission Guidelines and releases (including, as applicable, such entrant’s name, actual or simulated likeness, image, voice, address (city and state), biographical information, and any material based thereon or derived therefrom (the “Released Information”). Each potential Prize winner will be notified of winning within twenty-four (24) hours after the applicable weekly drawing via the FuseTV Twitter page and asked to direct/private message their contact information (name, home address, date of birth, social security number and any other information reasonably requested by Sponsor) within twenty-four (24) hours of notification. If any potential Prize winner does not respond with a direct/private message containing all requested information and deliver to Sponsor all other required documentation within twenty-four (24) hours of notification, that potential Prize winner will be disqualified and an alternate potential Prize winner will be randomly selected from among the remaining Eligible Entries.  Any contact information submitted by an entrant in connection with the Sweepstakes shall be subject to the Sponsor’s privacy policy described in more detail below.

Prize: Each Prize winner will receive one (1) Boombotix Speaker (with an approximate retail value (“ARV”) of One Hundred U.S. Dollars ($100.00)). The total ARV for the Sweepstakes is Eight Hundred U.S. Dollars ($800). The ARV is subject to change based on current market conditions at time of Prize fulfillment. Any difference between the ARV and the actual value, if any, will not be awarded to the Prize winner. The Prize is awarded “as-is” without any warranty or guarantee, including, but not limited to, implied warranties or merchantability, fitness for a particular purpose and non-infringement. The date for fulfillment of each Prize will be on or around December 15, 2015, and such date is subject to change in the Sponsor’s sole discretion. No substitution, transfer or cash equivalent of the Prize or any portion thereof is permitted, except by the Sponsor, in which case a prize of comparable or greater value may be awarded. The Sponsor will fulfill the Prize by mailing it to the applicable Prize winner through the U.S. Postal Service or through digital means via email other delivery service of its choice to the home or email address provided in the direct/private message. The Prize does not include any additional expenses the Prize winner may incur at any time in connection with the Prize, including, but not limited to, ground transportation, internet or telephone charges, costs of using the Prize in any manner, or any federal, state and local sales or other taxes and surcharges, which are the responsibility of the winner, or any additional costs associated with the Boombotix Speakers.

General Terms: By entering this Sweepstakes, all entrants agree to comply with these Official Rules and release, indemnify and hold harmless the Released Parties from and against any and all claims, damages, liabilities, costs and expenses (including legal fees) arising from or related to a breach of these Official Rules. All interpretations of these Official Rules and decisions by the Sponsor are final. No software-generated, robotic, programmed, script, macro or other automated online or text message entries are permitted. In the event of a dispute regarding the identity of the person submitting the online entry, the entry will be deemed to be submitted by the person in whose name the Twitter account is registered. Acceptance of the Prize constitutes permission for the Sponsor, the Administrator and their respective designees to use, display, distribute and publish the Prize winner’s Released Information in all media, whether now known or hereafter devised, throughout the universe in perpetuity in connection with this Sweepstakes or for advertising and/or promoting “Big Freedia,” the Sponsor, the Administrator, and/or their respective products and/or services, without any compensation or remuneration of any kind unless prohibited by law. Unless prohibited or restricted by law, the Sponsor may conduct background checks on each potential Prize winner. Such background checks may include, without limitation, investigation of employment history, criminal or other arrest or conviction record, and any other factor deemed relevant by the Sponsor to help ensure that participation in the Sweepstakes by the potential Prize winner will not, in the Sponsor's sole discretion, reflect unfavorably on the Sponsor or any of its affiliates or bring them into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Sponsor. The Sponsor may, in its sole discretion, disqualify any potential Prize winner based on the results of such background checks. All applicable federal, state and local laws and regulations apply and the Prize winner will be responsible for all federal, state, local and other applicable taxes, and any other payments required in connection with the receipt of the Prize offered through this Sweepstakes.

THE SWEEPSTAKES AND THESE OFFICIAL RULES SHALL BE INTERPRETTED UNDER THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICT OF LAW PRINCIPLES. THE NEW YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE SWEEPSTAKES AND THE LAWS OF THE STATE OF NEW YORK SHALL GOVERN THE SWEEPSTAKES. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS. ENTRANTS IRREVOCABLY WAIVE THE RIGHT TO BRING OR JOIN IN ANY CLASS ACTION REGARDING THE SWEEPSTAKES.

The failure to exercise or enforce any right or provision of these Official Rules shall not constitute a waiver of such right or provision. If any part of these Official Rules is held by a court of competent jurisdiction to be invalid or unenforceable, that part will be enforced to the maximum extent permitted by law, and the remainder of these Official Rules will remain fully in force.

Limitations of Liability; Indemnification: By entering the Sweepstakes, all entrants agree to release, indemnify and hold harmless the Released Parties from and against any and all liability, claims, damages, costs, expenses, or actions of any kind for any injuries, losses or damages of any kind to persons, including death and bodily injury, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any Prize, including participating in this Sweepstakes or in any Sweepstakes-related activity, whether sponsored, held by or paid for by a third party or by Sponsor. Additionally and without limiting the foregoing, the Released Parties are not responsible for (1) late, lost, stolen, incomplete, misdirected, garbled, damaged, delayed or undelivered entries or Re-Tweets; (2) any virus contracted by any entrant’s computer or mobile device through participation in the Sweepstakes; or (3) any incorrect or inaccurate information, whether caused by computer or Internet malfunction or interference, tampering, manipulation, weather or natural disaster, acts of war, or by any of the equipment or programming associated with or utilized in the Sweepstakes, and assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation; or for failed computer, mobile device, satellite, telephone, wireless or cable transmissions, lines or technical failure or jumbled, scrambled, delayed or misdirected transmissions, technical error, theft or destruction or unauthorized access. Released Parties are not responsible for other errors or difficulties of any kind whether human, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries or text messages, the cancellation or postponement of any event, the announcement of the Prize or in any Sweepstakes-related materials. The Released Parties are not responsible for lost, interrupted or inaccessible or unavailable network, server, wireless service, Internet Service Provider (ISP), website, or other connections or any combination thereof. The Sponsor reserves the right, at its sole discretion, to disqualify any individual it suspects of tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of the Official Rules, or to be acting in a unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, macro, programmed or like entry methods or third-party software or website or any other devices which subvert the entry process will void all entries by such methods, and disqualify any entrant using such methods. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If, for any reason, the Sweepstakes is not capable of running as planned for any reason, including without limitation, by reason of, but not limited to, tampering, unauthorized intervention, fraud, technical failures, a computer virus or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, or in the event this Sweepstakes is challenged by any legal or regulatory authority, the Sponsor and Administrator reserve the right in their sole discretion to cancel, terminate, modify or suspend the Sweepstakes or to disqualify affected entrants without any liability to such entrants. If the Sweepstakes is terminated before the stated expiration date, notice will be posted on the Sponsor’s Twitter account page (@FuseTV) and each Prize may be awarded to a potential Prize winner to be selected from among all valid, non-suspect Eligible Entries received up until and or after (if applicable) the time of modification, cancellation or termination or in a manner that is fair and equitable as determined by the Sponsor.

UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANTS HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER. IN NO EVENT SHALL THE SPONSOR BE LIABLE TO ANY ENTRANT OR WINNER FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE TO BE AWARDED TO THE INDIVIDUAL ENTRANT IN THIS SWEEPSTAKES. SPONSOR’S FAILURE TO ENFORCE ANY PROVISION IN THESE OFFICIAL RULES WILL NOT BE DEEMED A WAIVER OF SUCH.

Privacy Policy: All information provided by entrants to participate in the Sweepstakes or collect a Prize is subject to the Sponsor’s privacy policy located at http://www.fuse.tv/privacy-policy. Once the Prize winner is confirmed, Sponsor and Administrator may use, display, distribute or publish the Prize winner’s Released Information, or to refrain from so doing, in any manner in any and all media, whether now known or hereafter devised, throughout the universe in perpetuity in connection with this Sweepstakes, or as Sponsor otherwise determines in its sole discretion, and for purposes of advertising and/or promoting the Sponsor, the Administrator and/or their respective products and/or services, without compensation or remuneration, except as prohibited by law. By accepting the Prize, the Prize winner waives any and all claims to compensation, royalties and/or other remuneration for such use.

Request for Name of Prize Winner: For the names of each Prize winner, available after November 6, 2015, send a self-addressed stamped envelope to: Three Degrees, “‘Big Freedia Re-Tweet Sweepstakes,” 170 Varick Street, 10th Floor, New York, NY 10013. All requests must be received no later than November 30, 2015 and have “Prize Winners” clearly written on the front left-hand corner of the outer envelope.

Sponsor/Administrator: This Sweepstakes is sponsored by FUSE, LLC, located at 700 N Central Ave Glendale, CA 91203 and administered by Media Storm, LLC d/b/a Three Degrees f/k/a Hip Genius, located at 170 Varick Street, 10th Floor, New York, NY 10013.

This promotion is in no way sponsored, endorsed or administered by, or associated with, Twitter, Inc. The Twitter name and Tweet are trademarks of Twitter, Inc. in the United States and other countries. You understand that you are providing your information to Sponsor and not to Twitter. The information you provide will only be used to administer this Sweepstakes (including the promotion thereof) and in accordance with the governing Privacy Policy.