From time to time Fuse Networks LLC and/or its related entities (“Fuse” or “Sponsor”) may conduct contests, sweepstakes and/or other promotions (individually and collectively, “Promotion”) on social media/networking websites including, but not limited to, twitter.com, twitpic.com, tweetphoto.com, facebook.com and myspace.com (each, a “Social Media Site”). Unless specifically noted otherwise by Sponsor, these terms and conditions shall serve as the official rules for any such Promotion conducted by Sponsor. Sponsor may terminate, extend, suspend or alter any Promotion in its sole discretion. These rules may be updated as deemed necessary by Fuse in its sole discretion.
Each individual Promotion will be announced via a status update, Tweet, blog post, email or other call-to-action (“Promotion Posting”). A Promotion Posting will include how to enter, the entry deadline, the drawing date (for a sweepstakes) or method of determining the winner (for a contest) and the prize(s)/value(s). All information contained in a Promotion Posting is incorporated herein by reference.
1. ENTRY: You must be a member of the Social Media Site on which the Promotion is being conducted to participate in the Promotion. Entry into any Promotion will only be via the method specified by Sponsor in the Promotion Posting on the Social Media Site. Entries received in excess of any stated limitation will be void. All entries must include the information requested by Sponsor to be eligible. Only one prize per person, household, email address or username will be allowed per Promotion and in any ninety (90) day period. In the event of a dispute as to any entry or the identity of an entrant, entries will be declared to be made by the authorized account holder and natural person assigned by an Internet access provider to the e-mail address associated with the entry, and he/she must comply with these Official Rules. Entrants may be required to show proof of being the authorized account holder. All entries must be received within the time period stated by Sponsor in the Promotion Posting to be eligible to win a prize. Late and/or subsequent entries will be disqualified. Entries from one Promotion will not be included in other Promotions. Entries generated by script, macro or other automated means, or by any means which subvert the entry process are void. All entries become the property of Sponsor and will not be acknowledged or returned.
2. ELIGIBILITY: To participate in any Fuse related Promotion conducted by Sponsor on a Social Media Site, you must be a legal US resident, eighteen (18) years of age or older at the time of entry. Employees and contractors of Fuse, and its parent, affiliates, subsidiaries, sponsors and advertising agencies, and members of the immediate family of any such persons are not eligible to participate and/or win. The term “immediate family” includes spouses, domestic partners, siblings, parents, children, grandparents, grandchildren, or other family extension, and any other persons residing at the same household whether or not related. Void where prohibited. All applicable federal, state and local laws apply.
3. WINNER SELECTION: Sponsor’s clock will be the official time keeper for all Promotions. Entries from one Promotion will not be included in other Promotions.
(a) FOR SWEEPSTAKES: Potential winners will be chosen in a random drawing conducted by Sponsor from among all eligible entries received for the applicable Promotion on or about the date set forth in the Promotion Posting. Odds of winning a particular Promotion will depend on the number of eligible entries received for such Promotion.
(b) FOR CONTESTS:
In the event winners are judged based on the “best” submitted story, photo, video, essay, message or other similar type of submission (“Submissions”), a panel of qualified judges will judge each Submission based equally on the originality, creativity, and relevance to the theme of the Promotion. If alternate criteria are provided in the Promotion Posting, such criteria shall apply. The Submission with the highest score will be deemed the potential winner(s) for the contest at issue. In the event of a tie, an additional, “tie-breaking” judge will determine the potential winner(s) based on the same criteria used by the original panel of judges. All Submissions must be original unpublished works created by the individual entering such Submission, and must not contain any third party material unless permission to use such material(s) has been granted by such third party. Sponsor reserves the right not to award all prizes in any contest if, in its sole discretion, it does not receive a sufficient number of eligible and qualified entries for that contest.
(c) REQUIREMENTS OF VIDEO AND PHOTO ENTRIES: Any photos submitted by an entrant must be in .JPG format and photos larger than 5MBwill not be accepted. Videos must be 30 seconds or less, less than 100MB and in one of the following formats: flv, .wmv, .asf, .avi, .mov, .3gp, .mpg, .mpeg, or .mp4. All photos and videos must be original, unpublished, the sole property of the entrant, and may not have won previous awards. By submitting a photo or video, entrant agrees that the photo or video complies with these Official Rules and does not contain a virus. By submitting a photo or video, entrant warrants and represents that he/she and any persons appearing or who are identifiable in the photo/video consent to the submission and use of the entry in the applicable Promotion and to its use as otherwise set forth herein. Any photo or video entries may not contain, as determined by Sponsor in its sole discretion, any content that:
· contains music (unless specifically provided for in the Promotion Posting);
· is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
· promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
· is obscene or offensive; endorses any form of hate or hate group;
· appears to duplicate any other submitted entries;
· defames, misrepresents or contains disparaging remarks about other people or companies;
· contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission; contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
· contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission;
· contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission (Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render entry null and void);
· contains look-alikes of celebrities or other public or private figures, living or dead;
· communicates messages or images inconsistent with the positive images and/or good will with which Sponsor wishes to associate; and/or
· violates any law.
Sponsor may disqualify any entry for any reason, including if it determines that the entry fails to confirm to these official rules in any way or otherwise contains unacceptable content. Sponsor is under no obligation to disclose why an entry has been disqualified.
4. OWNERSHIP/USE OF ENTRIES: By submitting an entry, each entrant agrees Sponsor shall have a perpetual, irrevocable, assignable, royalty free, fully paid-up license to exploit, edit, modify, post, disseminate, create derivative works of, distribute and otherwise use the entry and all elements of such entry, including, without limitation, the names and likenesses of any persons or locations embodied therein, in any and all media now known or hereafter devised (including, without limitation, on Sponsor’s websites and any Madison Square Garden-owned or operated venue video display (e.g., Jumbroton)), in perpetuity without compensation or notification to, or permission from, entrant or any third party.
5. WINNER NOTIFICATION: Winners will be notified within ten (10) business days following the conclusion of the Promotion by a message via Facebook.com and/or Twitter.com (if applicable), and/or via e-mail and/or telephone, depending on the information provided at the time of entry. Potential winners may be required to sign and return an Affidavit of Eligibility, Liability Release and, where legally permissible, a publicity release and/or provide other personal or tax information. Potential winners must provide all such information, and execute and return the Affidavit of Eligibility, Liability Release and publicity release (if required by Fuse), within the time period specified by Sponsor. If a potential winner cannot be contacted, does not respond to such notification within the time period specified by Sponsor or any other time period specified, does not meet the stated eligibility requirements, refuses the prize, or is ineligible to accept the prize, or fails to claim the prize as directed, or is otherwise not in compliance with these Official Rules, such potential winner will be disqualified and Fuse reserves the right to randomly select an alternate winner from the remaining eligible entries received (for a sweepstakes), or to select the runner-up from the remaining eligible Submissions (for a contest) for the applicable Promotion. Sponsor’s decisions concerning selection of winners, as well as all other matters relating to any Promotion, are final and binding.
6. PRIZES: The number and approximate retail value of prizes awarded in any Promotion will vary and will be set forth in the Promotion Posting. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. Prizes may not be substituted, transferred, assigned or redeemed for cash except at Sponsor’s sole discretion. Sponsor reserves the right, in its sole discretion, to substitute a prize (or portion thereof) with one of comparable or greater value. Prize includes only what is specified in the prize description. Winners of concert/event tickets must be available to attend such concert/event on the date specified or another winner will be selected by Sponsor. Tickets are subject to certain terms and conditions as specified thereon. Seat locations will be determined by Sponsor. Winner and, if applicable, winner’s guest, must comply with all venue rules and regulations. A minor winner of event tickets must attend such event with his/her parent or legal guardian or other adult as authorized by the minor’s parent or legal guardian. Sponsor will not consider or fulfill any requests for additional or alternate prizes, including but not limited to requests for additional tickets, upgrades and/or alternate dates or seating. Winners are responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided. All prize details are at Sponsor’s sole discretion.
7. LIMITATION ON LIABILITY: ENTRANTS RELEASE, DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS, SPONSOR AND ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS AND REPRESENTATIVES (THE “RELEASED PARTIES”) FROM AND AGAINST ANY LIABILITY FOR ANY DAMAGES, INJURY OR LOSSES (INCLUDING DEATH) TO ANY PERSON, OR PROPERTY, OF ANY KIND RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF ANY PRIZE OR PARTICIPATION IN ANY SWEEPSTAKES RELATED ACTIVITY OR PARTICIPATION IN ANY PROMOTION CONDUCTED BY SPONSOR.
9. CLAIMS/CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant in connection with any Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, without regard for conflicts of law doctrine, and all proceedings shall take place in the State of New York. All participants who enter a Promotion agree to submit to the exclusive jurisdiction of the courts of the State of New York and agree to waive the right to a jury trial with respect to any claim or dispute with regard to any aspect of any Promotion or these Official Rules. Under no circumstances will an entrant be permitted to obtain awards for, and entrants hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than actual out-of-pocket expenses, including attorneys’ fees or other legal costs, and any and hereby waives all rights to have damages multiplied or otherwise increased.
11. WINNER’S LIST: For the names of the winner(s) of a Promotion, send a #10 self-addressed stamped envelope within thirty (30) days following the conclusion of the applicable Promotion to: Fuse Social Media Winner’s List, c/o Fuse Networks LLC, 11 Penn Plaza, 17th Floor, New York, New York 10001.
Promotions are in no way sponsored, endorsed or administered by, or associated with Facebook, MySpace, Twitter, TwitPic, TweetPhoto, or any other Social Media Site utilized by the Promotion.
If entering via Facebook or Twitter, you understand that by entering, you are providing your entry information to the Sponsor and not Facebook or Twitter.
© 2013 Fuse Networks LLC. All Rights Reserved. All trademarks are the property of their respective owners.