Oscillating Fans Photo Caption Contest
December 4, 2013 - December 6, 2013
Official Rules
PRELIMINARY INFORMATION: No purchase necessary. A purchase will not improve your chances of winning. Void where prohibited. Oscillating Fans Photo Caption Contest ("Contest") will begin on Wednesday, December 4, 2013 at 12:00:01 AM ET and ends on t Friday, December 6, 2013 at 3:30:00 PM ET ("Contest Period"). These rules shall to the Contest Period. All times in the Contest refer to Eastern Time ("ET"). Odds of winning depend upon the number of eligible entries received. Contest is subject to all applicable federal, state and local laws.
ELIGIBILITY: Open only to permanent, legal United States ("U.S.") residents who arephysically residing in one (1) of the fifty (50) United States or the District of Columbia (excluding Puerto Rico, Guam, the Virgin Islands and other United States territories), and who are eighteen (18) years of age or older as of the start of the Contest Period. Officers, directors, and employees of Vandam Productions, LLC and Fox Sports Interactive Media LLC, and their affiliate and parent companies (collectively, the "Contest Entities"), members of these persons' immediate families (spouses and/or parents, children, and siblings, and their spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Contest. Contest Entities, as referenced herein, shall include Sponsors (as defined below) and their respective parent, subsidiary, and affiliate companies, and administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Contest.
TO ENTER: To enter the Contest, during the Contest Period go to either www.twitter.com or http://www.instagram.com(the "Social Media Sites"), and (1) if you already have a Twitter/Instagram account, log on using your associated user name and password or (2) if you do not already have a Twitter/Instagram account, create a free account according to the instructions on the relevant Twitter/Instagram Site. Please note that you must agree to comply with the relevant Social Media Site's Terms of Use in order to create your account. Once you have created either a Twitter or Instagram account, you will be required to either submit a caption ("Caption") in one of the following ways: (1) a "tweet" creating a caption to accompany the photo posted on the official Crowd Goes Wild Twitter account page along with @reply "CGW" during the corresponding Contest period or (2) a Instagram comment creating a caption to accompany the photo posted on the official Crowd Goes Wild Instagram account page during the corresponding Contest Period (collectively, "Entry"). Caption must be original (that is, written by you) and must be submitted in the English language. If your Entry is submitted through Twitter, it should include the caption and "@CGW" or your Entry will not be valid.
All Entries become the property of Vandam Productions, LLC (Producer) and Fox Sports Interactive Media, LLC (collectively, the "Sponsors") and will not be acknowledged or returned.
By entering the Contest, entrants grant Sponsors the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Caption and to incorporate the Caption in other works in any and all markets and media worldwide in perpetuity, including but not limited on-air broadcast of the Crowd Goes Wild ("Series"). Entrants warrant that they have the sole and exclusive right to grant such rights to Sponsors and that the Sponsors' reproduction, publishing, displaying, and/or other use of the Caption will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. If any Caption contains material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any Caption does not comply with these Official Rules or meet Sponsors' standards for any reason, as determined by Sponsors in their sole discretion, such Caption (and the related Entries) may be rejected as ineligible for consideration. Entries must comply with all applicable laws, rules, and regulations. Sponsors shall have no obligation to copy, publish, display, or otherwise exploit the Caption.
Limit one (1) Entry per person during the Contest Period. Multiple Entries received from any person or Twitter/Instagram account beyond this limit will void all such additional Entries. Entries must be received before Friday at 11:59:59 AM ET of the corresponding Contest Period to be eligible for the Contest. Sponsors' computer shall be the official timekeeper for all matters related to this Contest. Any person found to have used multiple Social Media Site accounts to enter will be deemed ineligible and disqualified. For purposes of these Official Rules, a "day" will start at 12:00:01 AM ET and end at 11:59:59 PM ET. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant, the authorized account holder of the Twitter/Instagram account used to enter will be deemed to be the entrant. "Authorized account holder" is defined as the person who is assigned to a Twitter/Instagram account by the relevant Social Media Site. Entry constitutes permission (except where prohibited by law) to use entrant's name, Twitter/Instagram user name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.
JUDGING: A qualified judge or judges, as chosen by Sponsor in its sole discretion, will review the eligible Entries received during the Contest Period and select a winner ("Winner") on or about the Friday of corresponding Contest at 11:59:59 AM ET, based on the following judging criteria ("Judging Criteria"): Originality (50%) and Creativity (50%). In the event of a tie, the Judges will break the tie by selecting the tied entrant who received the highest points from the Judges for Originality as the potential Winner. In the event a tie remains, the tied entries will be judged by an additional tie-breaking judge, using the Judging Criteria, to determine which of the tied entrants will be the potential Winner. Decisions of Sponsors and Judges are final and binding with respect to all matters related to the Contest. Winning is subject to verification of eligibility. Sponsors reserve the right to pick less than one (1) Winner, or to extend the Contest Period if in their sole discretion, Sponsors do not receive a sufficient number of eligible and qualified Entries. Winners will be notified through the same Social Media Site in which their Entries and their correlating usernames were submitted (i.e. either (1) direct private message via Twitter or (2) comment notification via Instagram) on or about the Friday of corresponding Contest Period no later than 7:59 P.M. ET.
Potential Winner also may be required to execute and return an affidavit of eligibility, release of liability, Internal Revenue Service Form 1099 and, except where prohibited, publicity release (collectively, "Contest Documents") within five (5) days of such notification. Noncompliance within this time period, with these Official Rules or the return of or inability to deliver any Prize (as defined below) or prize notification may result in disqualification and, at Sponsors' discretion, and time permitting, an alternate potential Winner may be selected from among all eligible remaining Entries based on the Judging Criteria.
PRIZE: There will be one (1) prize awarded on a weekly basis ("Prize") to the Winner, consisting of Crowd Goes Wild memorabilia, as selected by Producer in its sole discretion, signed by at least one (1) current of Crowd Goes Wild host.
Estimated Retail Value ("ER") of Prize is fifty dollars ($50.00) (US). Actual Retail Value("ARV") of Prize may vary. Any difference between ERV and ARV will not be awarded.
All details of Prize will be determined by Sponsors in their sole discretion. Sponsors reserve the right to substitute a similar prize (or prize element) of comparable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Winner. Prize cannot be transferred by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner. If Prize is unclaimed within a reasonable time after notification from Sponsors, as determined by Sponsors in their sole discretion, it will be forfeited, and time permitting, an alternate Winner may be selected from the remaining eligible entries at Sponsorsâ sole discretion.
Provided that alternate arrangements are not made in advance, Sponsor shall use reasonable efforts to deliver any Prize to the correct and complete mailing address provided by Winner, or to the closest feasible place for pickup by Winner, within ninety (90) days after the initial broadcast or other exhibition of the episode of the Series in which the Contest appears, or on a later date to be designated by Producer if delivery within ninety (90) days is not reasonably possible or if Producer determines for any other reason (including requirements of any Prize supplier) that delivery will occur on a later date; provided, however, that Producer may deduct, withhold or require payment of any such taxes or other obligations before delivering any Prize. Notwithstanding the foregoing, in the event Producer casually or inadvertent fails to provide any Prize within ninety (90) days after the broadcast or other exhibition of the final episode of the Series in which the Contest appears, such act(s) shall not be deemed a breach of this agreement. Furthermore, if any such payment is required, and Winner does not pay within ninety (90) days after the broadcast or other exhibition of the episode of the Series in which the Contest appears, then any such Prize shall be deemed forfeited. Winner agrees to pay all shipping costs for deliveries outside the continental United States. Sponsor shall not be responsible for any delays in delivery of any Prize by a supplier, or for the condition in which it is received. Winner's refusal to accept any Prize shall constitute a forfeiture of that Prize, and Winner shall not advertise or publicize its winning of any Prize, nor shall Winner sell any Prize.
Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize and are not responsible or liable for any expenses incurred as a consequence thereof.
CONDITIONS: By entering the Contest, each entrant agrees for entrant and for entrantâs heirs, executors, and administrators (a) to release and hold harmless Contest Entities, Social Media Sites, and their respective officers, directors, and employees (collectively, "Released Parties") from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant's participation in the or Contest and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Contest and to 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 Prize, including express warranties provided exclusively by Prize supplier that are sent along with Prize; (c) if selected as a Winner, to the posting of such entrantâs name on FoxSports.com or on Crowd Goes Wildâs Twitter page (the "Website") and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Contest itself, and to be bound by all decisions of the Sponsors, which are binding and final. Failure to comply with these conditions may result in disqualification from the Contest at Sponsors' sole discretion.
ADDITIONAL TERMS: Sponsors reserve the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Contest or the operation thereof is unlawful and subject to legal action by Sponsors, who may seek damages to the fullest extent permitted by law. The failure of Sponsors to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsors (excepting compliance with applicable codes and regulations), or other "force majeure" event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants" or to any other person's computer relating to or resulting from entering or downloading materials or software in connection with the Contest. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsors reserve the right to cancel, modify, or suspend the Contest or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsors reserve the right to select Winners in a random drawing from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted at Website. Sponsors may prohibit any entrant or potential entrant from participating in the Contest, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsors, or Sponsors' agents or representatives; or behaves in any other disruptive manner (as determined by Sponsors in their sole discretion).
DISPUTES: THE CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NEW YORK, NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF ("JAMS RULES"). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY,CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY'S FEESOR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
WINNER ANNOUNCEMENT: For the name of the Winner, available one (1) week after theassociated Contest Period, please send a self-addressed, stamped envelope to: Oscillating Fans Caption Contest, Vandam Productions LLC, 325 Hudson Street, Suite 601, New York, New York 10013.
