TUF Strength & Beauty Contest Official Rules
OFFICIAL CONTEST RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. MUST BE 21 YEARS OF AGE OR OLDER TO PARTICIPATE. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. Entrants are providing information to "Sponsor" (as defined below) and not to Instagram or Twitter.
The following Contest is intended for participants in the 48 contiguous United States and Washington D.C. only and shall be construed and evaluated according to the laws of the United States. Do not proceed in this Contest if you are not a legal U.S. resident residing in the 48 contiguous United States or Washington D.C. Further eligibility restrictions are contained in the official rules ("Official Rules") below.
1. DESCRIPTION: The "TUF20 Strength & Beauty Contest" (the "Contest") begins on Wednesday, September 3, 2014 at 12:01am Pacific Time ("PT") and ends on Wednesday, September 10, 2014 at 11:59pm PT (the "Submission Period"). The Contest allows eligible entrants (each, an "Entrant" and collectively, "Entrants") with the opportunity to upload a hashtagged "selfie" via Instagram or Twitter in either their "TUF strength pose" OR "TUF Beauty pose" (the "Submission") for consideration as described below.
The Sponsor of this Contest is FOX Sports 1, LLC, 10201 W. Pico Blvd, Los Angeles, CA 90035 ("Sponsor"). The administrator of this Contest is Creative Zing Contest Group ("Administrator"), 189 South Orange Avenue, Suite 1130A, Orlando, FL 32801. The Ultimate Fighter ("TUF") and Ultimate Fighting Championship ("UFC") are not responsible for the administration or execution of the Contest or Prizes.
2. ENTRANT & SUBMISSION ELIGIBILITY: In order for an Entrant to participate in the Contest and to be considered as the potential "Grand Prize Winner" (as defined below) the Entrant and the Submission must meet the following eligibility criteria:
Entrant must be a legal U.S. resident physically residing within the forty-eight (48) contiguous United States or Washington D.C.;
Entrant must be at least twenty one (21) years of age;
Entrant must appear, and be the individual reflected in the Submission;
Entrant must NOT be under any contractual obligation that would conflict with this Contest;
Entrant must have a non-private Instagram or Twitter account; such social media accounts can be obtained for free at the respective social media sites or in the applicable app store;
Entrant must be a follower of @FOXSports1 on Instagram or on Twitter;
Entrant must comply with any applicable terms of use for any social media platform used for Submission;
Entrant must be the rightful owner of the social media account associated with the Contest entry and Submission;
Employees, shareholders, officers, directors, agents, and representatives of Sponsor, Administrator, TUF or UFC, and each of respective parent companies, affiliates, divisions, subsidiaries, franchisees, agents, representatives and promotion, advertising agencies and/or any person or company working directly on the Contest (collectively, the "Contest Entities"), together with the immediate family members and/or those living in the same household of such persons (collectively, "Household Members"), are not eligible to participate in the Contest. For purposes of the Contest, "Household Members" shall mean those people who share the same residence at least three months a year, whether or not related; "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses, regardless of where they live.
Entrant, if selected as the potential Grand Prize Winner, must consent to a background check as a condition of being confirmed as the Grand Prize Winner. Such background check may include (but is not limited to) investigation of criminal or other arrest or conviction record, and any other factor deemed relevant by Contest Entities to help ensure that an individual's participation in the Contest will not, in Contest Entities' sole discretion, bring Contest Entities into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest Entities. If requested, Entrant agrees to sign a waiver authorizing the release of personal and background information. Contest Entities reserve the right to contact any person or entity, including any third party, referenced in the background check; and
Entrant, if selected as the Grand Prize winner, must be available to travel between approximately December 11, 2014 and December 14, 2014 (exact dates will be selected in Sponsor's sole discretion).
Submissions must meet the following criteria:
Submission must be submitted via Instagram or Twitter and must include the appropriate hashtag, as described in Section 3;
The Submission must be original to Entrant and Entrant must be the rightful owner of the Submission or must have the rights, title and interest necessary to utilize the Submission for consideration in the Contest in compliance with these Official Rules;
Submission must be in accordance with Section 3 below; and
Submission must comply with the applicable technical submission requirements (e.g. size, format) for the social media platform used for Submission along with the Terms of Service posted on the corresponding social media platform.
Submissions are subject to the following Content Restrictions:
Submission must NOT include images of other people (alive or dead) without permission from said person and must NOT include materials that violate or infringe another person's rights, including, but not limited to, privacy, publicity or intellectual property rights. If applicable, selected Winner may be required to verify such authorization in the form of a release;
Submission must NOT include any 3rd party logos, insignia, trademarks, signage or slogans (including, but not limited to brand names, product names, logos, media, entertainment properties, insignia, location signage, photographs, artwork) without the express prior written consent of the owner of such right, EXCEPT for TUF and UFC trademarks, so as to not infringe upon the intellectual property rights, or defame or invade the publicity or privacy rights, of any third party;
Submission must NOT contain subject matter which is, or could be considered, in the sole discretion of Contest Entities, obscene, pornographic, violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), defamatory, libelous, discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., illegal gambling, underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, hateful, degrading, harassing, or otherwise unlawful, tortious or objectionable;
Submission must NOT contain any content that is protected by copyright (without the express prior written consent of the owner of such right) or include any recognizable locations or include names and/or descriptions of any copyrighted media production, including, without limitation, films, books, television programming, etc., or identifying descriptions of any media property; and
Submission must NOT contain any derogatory references to any Contest Entities;
Contest Entities reserve the right to request that an Entrant edit or completely remove any content that may intentionally or unintentionally violate these Official Rules and Entrants must promptly comply with any such request or the Entrant will be disqualified. Contest Entities will determine in their sole discretion which Submissions have satisfied the requirements of these Official Rules.
3. HOW TO PARTICIPATE: The Contest will offer Entrants the opportunity to submit for an opportunity to be randomly selected to have their Submissions progress to the Contest judging phase, as detailed below.
The Contest will operate as follows:
Contest Entry: During the Contest Period, Entrants must publish the Submission to Instagram or Twitter, and include ONLY one (1) of the following hashtags: a) #TUFStrength; OR b) #TUFBeauty, each associated with one (1) of two (2) available Grand Prize Trips respectively as described in Section 5 below (the "Campaign Hashtag"), along with the hashtag #ENTRY (the "Entry Hashtag" and collectively, with the Campaign Hashtag, the "Hashtags") to receive one (1) entry into the Contest. IMPORTANT: Remember, your Submission may be posted in a public gallery on the Sponsors Contest landing page, located at www.foxsports.com/TUFsweeps (the "Website"), for viewing by the general public; therefore, be sure that you are comfortable with your Submission before submitting. If you do not want your Submission to be made public do not enter this Contest.
Random Selection: On or about Thursday, September 11, 2014, the Contest Entities will randomly select up to ten (10) Entrants from each Campaign Hashtag at random to have their Submissions progress to the Contest Judging phase. Odds of being selected to proceed to the Contest Judging depend on the number of eligible entries received.
Contest Judging: The randomly selected Submissions will be reviewed and scored by a panel of judges, selected by the Sponsor to determine the "Grand Prize Winners". Eligible Submissions will be judged in accordance with the following criteria:
Creativity and Originality = 60%
Execution = 20%
Entertainment Value = 20%
In the event of a tie, such tied Submissions will be reevaluated in accordance with the aforementioned criteria and the Submission with the highest point score on "Creativity and Originality" will be deemed the potential Grand Prize Winner, pending confirmation of eligibility and return of the "Prize Claim Documents" as defined in Section 4.
All Submissions must be received by September 10, 2014 at 11:59 pm PT. Entrant may enter one (1) time per Campaign Hashtag, per entry method as detailed above, per day. Each individual Submission must be different and unique. In the event that more than one (1) Submission is uploaded to the Entrants Instagram and/or Twitter account with the Hashtag, only the first eligible Submission will be considered an entry. Any attempt by an Entrant to obtain more than the stated number of entries by using multiple/different identities, registrations, logins, and/or any other methods will void such Entrant's entry and that Entrant may be disqualified from the Contest.
Submissions should NOT contain subject matter which is, or could be considered, in the sole discretion of Contest Entities, obscene, pornographic, violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), defamatory, libelous, discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., illegal gambling, underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, hateful, degrading, harassing, or otherwise unlawful, tortious or objectionable. Submissions generated by a script, macro or other automated means, or that do not comply with the Terms of Service posted on the corresponding social media platform will be disqualified. Entrants must have a non-private profile and be able to receive direct messages. Incomplete, unreadable, or unintelligible entries will be disqualified. All information provided by Entrants becomes the property of Sponsor. ELIGIBLE ENTRANTS MUST ENTER IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED. Participation in the Contest constitutes Entrant's understanding of, full and unconditional agreement to, and acceptance of these Official Rules. Sponsor reserves the right to disqualify any Entrant that Sponsor determines to be in violation of any term contained in these Official Rules. Sponsor's decision not to enforce a specific provision of these Official Rules does not constitute a waiver of that provision or of the Official Rules generally. Sponsor has the right to change the Contest Period, and all other dates or deadlines set in connection with this Contest, at any time and in its sole discretion, and notice will be posted on the Contest Website.
4. WINNER SELECTION AND NOTIFICATION: Potential Grand Prize Winners, as determined by the judging results, will be determined on or about September 13, 2014. Potential Winners will be notified in the form of a private message from the Sponsor to/on the social media platform associated with the winning entry. ENTRANT MUST BE A FOLLOWER OF @FOXSports1 AND ABLE TO RECEIVE DIRECT MESSAGES IN ORDER TO BE CONTACTED AS A POTENTIAL WINNER. The potential Grand Prize Winners will be required to respond (as directed) to the notification within seventy two (72) hours (or a shorter time if required by exigencies) of attempted notification. The failure to respond timely to the notification may result in forfeiture of the prize. Potential Grand Prize Winner will be required to verify address and complete, sign, and return within three (3) days an affidavit of eligibility, a liability release, and, unless prohibited by law, a publicity release and other legal documents as may be required by Sponsor in its sole discretion (collectively, the "Prize Claim Documents") covering eligibility, liability, advertising, publicity and media appearance issues. Failure to return the Prize Claim Documents within the specified time period may result in forfeiture of the prize and selection of an alternate winner based on the judging results. A prize will not be awarded/fulfilled until all such properly executed documents are returned. Sponsor, in its sole discretion, will attempt to contact up to three (3) potential winners of a prize in accordance with the above procedure, after which the prize in question may go un-awarded if it remains unclaimed. Administrator and/or Sponsor reserve the right to disqualify anyone not fully complying with the Official Rules. Grand Prize Winners must provide Sponsor with a valid Social Security Number for tax reporting purposes.
5. PRIZES: Two (2) Grand Prizes (one (1) each Campaign Hashtag) are available. Each Grand Prize consists of a 3-day/2-night trip to Las Vegas, NV (the "Trip") currently scheduled to take place approximately December 12 â 14, 2014. The Trip will consist of the following: (a.) round-trip coach class air transportation for the winner and one (1) guest from a major airport near winner's home (as determined by Sponsor) (or ground transportation, in Sponsor's sole discretion, if winner lives within a 200 mile radius of Las Vegas, NV); (b.) Two (2) nights hotel accommodations at a hotel selected by the Sponsor (one room, double occupancy, room & tax only); (c.) airport transfers to/from airport and hotel in Las Vegas (if applicable); (d.) $200 spending cash for the winner only; (e.) and, and two (2) "TUF 20" Finale passes. Approximate Retail Value ("ARV") of each Grand Prize: $2,500.
TRIP MUST BE TAKEN ON DATES SPECIFIED BY THE SPONSOR OR THE GRAND PRIZE WILL BE FORFEITED. If the potential Grand Prize Winner is not available or fails to travel during the specified times then he or she will forfeit the prize. Sponsor reserves the right to change travel dates and to substitute any or all of these portions of the Prize for a prize of comparable or greater value should they become unavailable or impractical for any reason. The Grand Prize Winner's guest will be required to sign and return a guest eligibility/liability/publicity and media release. Grand Prize Winner's guest must be twenty one (21) years of age, or Grand Prize Winner must be guest's parent or legal guardian, and must also sign all required guest releases on such minor guest's behalf. Sponsor will not replace any lost or stolen prizes. Sponsor makes no representations or warranties with respect to any prize. Any other costs or expenses associated with the prizes will be the responsibility of the Grand Prize Winner. Actual retail value of Grand Prize will depend on point of departure, date of booking, any airfare fluctuations, and seasonal pricing; any difference will not be awarded. All bookings (flight and hotel) are subject to availability, changes in itinerary and other restrictions. Grand Prize Trip must be booked through Administrator. Grand Prize Winner and guest must travel together on same itinerary for the Trip. Airline for Trip to be selected by Contest Entities in their sole discretion. Airline carrier's regulations and conditions apply. Once Trip dates have been booked, no changes, extensions or substitutions are permitted, except at Contest Entities sole discretion. If Grand Prize Winners elects to travel without a guest, no additional compensation will be awarded. Grand Prize Winners are solely responsible for all incidentals, including, but not limited to, ground transportation, meals, beverages, gratuities, phone calls, insurance, taxes, and any other expenses not specifically mentioned as being included. Grand Prize Winners are responsible for all applicable travel and other insurance, all applicable airport charges, including, without limitation, any baggage charges, airport taxes, fuel charges and any applicable fees. Contest Entities will not obtain travel insurance on behalf of the Grand Prize Winners or guests. Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full airfare will be charged to the Grand Prize Winner from stopover point for the remaining segments, including return, of the trip. Grand Prize Winners and guests must have and are solely responsible for obtaining all necessary identification and/or travel documents required for travel, including, but not limited to, a valid U.S. driver's license or government issued ID. Sponsor is not responsible if Grand Prize Winners or guests are denied access to any aircraft or entry/re-entry into destination country. In such an event, Grand Prize Winners and/or guests will be solely responsible for any expenses incurred and the Grand Prize may be forfeited, in whole or in part. Grand Prize Winners must comply with all hotel check-in requirements including, without limitation, the presentation of a major credit card. Contest Entities are not liable for any expenses incurred as a consequence of flight cancellation/delay. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. If, in the judgment of Sponsor, air travel is not required due to the proximity of the Grand Prize Winner's residence to the destination, ground transportation will be substituted for round-trip air travel at Sponsor's sole discretion. Airline tickets and admission tickets are subject to the rules and regulations of the applicable issuer. ALL FEDERAL, STATE AND LOCAL TAXES, AND ANY OTHER COSTS AND EXPENSES, ASSOCIATED WITH THE RECEIPT OR USE OF THE PRIZE ARE THE SOLE RESPONSIBILITY OF THE GRAND PRIZE WINNERS. An IRS Form 1099 may be issued in the name of the Grand Prize Winners for the actual value of the Grand Prize received. Grand Prize Winner cannot assign or transfer the Prize to another person, except at discretion of Sponsor. Other restrictions may apply.
Trip Conduct: Grand Prize Winners and guests shall conduct themselves with due regard to the public conventions and morals. The Grand Prize Winners and guests shall not, while representing the Contest Entities during the Trip, commit an offense involving moral turpitude under local laws or ordinances. The Grand Prize Winners and guests shall not commit any act that will tend to degrade the Contest Entities in society or bring the Contest Entities into public hatred, public disrepute, contempt, scorn, or ridicule or that will tend to shock, insult or offend the community or public morals or decency or prejudice the Contest Entities. In the event the Grand Prize Winners or guests engage in behavior that (as determined by Contest Entities in their sole discretion) is obnoxious or threatening, illegal, or that is intended to annoy, abuse, threaten, or harass any other person, the Contest Entities reserve the right to terminate the Trip early and send the Grand Prize Winners and guests home with no further compensation.
6. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each Entrant represents and warrants as follows: (i) the Submission is the Entrant's own original, previously unpublished, and previously unproduced work; (ii) the Submission does not contain any computer virus, is otherwise uncorrupted, is wholly original with Entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous; (iv) the Submission is in compliance with the Terms of Use for the social media platform used for Submission; (v) the Submission 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; (vi) the Submission is free and clear of any liens or claims with respect to the use of the Submission in the manner authorized herein and will not give rise to any claims of infringement, invasion of privacy or publicity or claims, or infringe on any rights or interests of any third party, or give rise to any claims for any payment whatsoever, including but not limited to claims for re-use fees or residuals; and (vii) you will not use the Submission for any purpose other than creation and in accordance with these Official Rules, including without limitation, use in or in connection with any commercial endeavor, including, without limitation, t-shirts, posters, or other merchandise.
7. MATERIALS/RIGHTS IN SUBMISSIONS/PUBLICITY RIGHTS: In consideration of a Submission being reviewed and evaluated for this Contest, each Entrant hereby grants to the Sponsor, and its designees, licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, irrevocable, fully paid, universal right and license to use, license, incorporate, broadcast, telecast, webcast, distribute, re-use, publish, re-publish, edit, composite, morph, scan, duplicate, creative derivative works of or alter, sell, and otherwise exploit such Submission (and to permit others to do the same), or any portion thereof, including to the extent applicable any information, biographical data, and Submission submitted by Entrant in connection with the Contest; and (b) all graphics, statements, quotations and any other creative materials of or by Entrant and furnished by Entrant as part of this Contest (the "Materials"), in any media now known or hereafter devised, including, but not limited to, all forms of electronic media, print media and all forms of internet and wireless protocol. Each Entrant understands that his or her name and other Materials may be posted on the Website, or elsewhere in any media in the Contest Entities sole discretion, in connection with the Contest. Entrant agrees that the Sponsor has no obligation to post a Submission or any Materials on the Website or elsewhere. Each Entrant authorizes Sponsor and its designees, licensees, successors and assigns to utilize, for eternity and in any manner they see fit, on a royalty-free basis, the Submission, and to make derivative works from such materials (i.e., without limitation, to create promotional materials). Each Entrant releases the Contest Entities, and their successors, assigns and licensees, from any and all claims or liability (now known or hereafter arising), including, but not limited to, any claims for defense and/or indemnity, in connection therewith. Each Entrant agrees and acknowledges that participation in the Contest, including, without limitation, the Entrant's decision to post any Submissions for purposes of the Contest, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between the Contest Entities and Entrant, does not place the Contest Entities in a position that is any different from the position held by members of the general public with regard to the Submissions, and that the only contracts, express or implied, between the Contest Entities and Entrant is as set forth in these Official Rules, the Terms of Use for any social media platform used for Submission, and any release forms (as described above). In addition, by participating in the Contest and providing any Submissions, each Entrant hereby grants permission (except where prohibited by law) for the Sponsor and its designees, licensees, successors and assigns to use Entrant's Submissions, name, likeness, voice, quotes, comments, biographical information, photograph and/or image for the purpose of advertising, trade, or promotion without further compensation or consideration or permission or notification in any and all media now known or hereafter developed throughout the universe in perpetuity.
8. RIGHTS OF CONTEST ENTITIES: Contest Entities shall have the right and sole discretion to edit, refuse to air or transmit or cease to air or transmit any Submission(s) whatsoever which it finds to be in violation of the provisions hereof, does not fully comply with all of Contest Entities' requirements in connection with any and all legal clearance issues, or which it finds in its sole discretion to be otherwise objectionable for any reason. The Contest Entities are not responsible for any materials provided by Entrants which are deemed harmful or offensive to others or for any harm incurred as a result of participation in the Contest. All statements and opinions made by Entrants are those of such Entrants only, and the Contest Entities neither endorse nor shall be held responsible for the reliability or accuracy of same. Contest Entities are not responsible for the content or practices of third party websites that may be linked to the Website. The Website may also be linked to websites operated by companies affiliated with Contest Entities. Visitors to those sites should refer to each site's separate privacy policies and practices.
9. CONDITIONS OF PARTICIPATION/RELEASES: By participating, each Entrant agrees to be bound by these Official Contest Rules and the decisions of the Contest Entities, which shall be final in all respects. By participating in this Contest and/or by accepting any prize that they may win, each Entrant agrees to release and indemnify the Contest Entities; each of their respective parent, subsidiary and affiliated companies, units and divisions and advertising and promotional agencies and prize suppliers; each of their respective officers, directors, agents, representatives and employees; and each of these companies and individuals' respective successors, representatives and assigns (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Contest and/or acceptance, use, or misuse of any prize. Each Entrant, as a condition of receiving a prize, authorizes the Sponsor and its designees to use his/her name, voice, likeness, biographical data, city and state of residence in programming or promotional material, throughout the universe in perpetuity, or on a winner's list, if applicable, without further compensation unless prohibited by law. By entering the Contest, Entrants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual outâofâpocket costs incurred, including costs associated with entering the Contest, but in no event will Entrant's attorneys' fees be awarded or recoverable; and (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 or consequential damages and/or any other damages, other than actual outâofâpocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. The Released Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession, use or misuse of a prize, or from participation in the Contest; (v) the Entrant's claim that he or she has somehow been defamed or portrayed in a false light or (vi) any printing, typographical, human administrative or technological errors in any materials associated with the Contest. Contest Entities assume no responsibility for any damage to an Entrant's computer system, which is occasioned by accessing the Website, or participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information. Contest Entities reserve the right, in their sole discretion, to adjust times and dates reflected in the Description Section of the Official Rules at any time and/or to cancel, modify or suspend the Contest (or any portion of the Contest) should a virus, bug, computer problem, unauthorized intervention or other cause or problem corrupt or inhibit the administration, security or proper play of the Contest and, in such situation, to select the winner from eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by the Contest Entities. Contest Entities may prohibit you from participating in the Contest or winning a prize if, in their sole discretion, they determine you are attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other Entrants or Contest Entities representatives. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE CONTEST. SHOULD SUCH AN ATTEMPT BE MADE, CONTEST ENTITIES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
10. GOVERNING LAW: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR THE CONTEST ENTITIES IN CONNECTION WITH THE CONTEST OR IN CONNECTION WITH ANY SUBMISSION OR OTHER MATERIAL SUBMITTED IN CONNECTION WITH THE CONTEST, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE'S LAWS. THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THESE RULES SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION. IN THE EVENT THAT ANY PROVISION IS DETERMINED TO BE INVALID OR OTHERWISE UNENFORCEABLE OR ILLEGAL, THESE RULES SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR ILLEGAL PROVISION WERE NOT CONTAINED HEREIN.
IN NO EVENT WILL THE CONTEST ENTITIES, THEIR PARENT, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES, WEB MASTERS/SUPPLIERS, VENDORS, CONTRACTORS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ENTRANT'S IN THE CONTEST. WITHOUT LIMITING THE FOREGOING, ALL PRIZES, THE WEBSITE AND THE CONTEST ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE CONTEST ENTITIES HEREBY EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE RIGHT IS RESERVED TO SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
11. ARBITRATION PROVISION: By participating in this Contest, each Entrant agrees that any and all disputes the Entrant may have with, or claims Entrant may have against, the Released Parties relating to, arising out of or connected in any way with (i) the Contest, (ii) the awarding or redemption of any prize, and/or (iii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively by final and binding arbitration administered by the National Arbitration Forum (the "Forum") and conducted before a sole arbitrator pursuant to the Code of Procedure established by the Forum. The arbitration shall be held at a location determined by the Forum pursuant to the Code of Procedure, or at such other location as may be mutually agreed upon by the Entrant and Sponsor. The arbitrator's decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable Entrant may have entered into in connection with the Contest. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the Entrant's and/or Sponsor's individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator shall not have the power to award special or punitive damages against the Entrant or Released Parties. For more information on the Forum and/or the Forum's Code of Procedure, please visit their website at www.arb-forum.com. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.
12. PRIVACY POLICY: Any personal information supplied by you to Sponsor will be subject to Sponsor's privacy policy posted at https://www.foxsports.com/privacy-policy. By entering the Contest, you grant Sponsor permission to share your email address and any other personally identifiable information with the other Contest Entities for the purpose of Contest administration and prize fulfillment. Sponsor will not sell, rent, transfer or otherwise disclose your personal data to any third party other than as described herein or in accordance with Sponsor's privacy policy.
13. SPONSOR: FOX Sports 1, LLC, 10201 W. Pico Blvd, Los Angeles, CA 90035.
14. ADMINISTRATOR: Creative Zing Promotion Group, 189 S. Orange Ave, Suite 1130a, Orlando, FL 32810.
15. Prize Winner List: For the name of the prize winner, or a copy of these official rules, mail a self-addressed, stamped envelope to: "TUF20 Contest" Winner's List or Rules, 189 South Orange Ave., Suite 1130A, Orlando, FL 32801 (VT Residents may omit return postage) by October 1, 2014.
The CONTEST is in no way sponsored, endorsed or administered by, or associated with, TWITTER OR INSTAGRAM. twitter and instagram are completely released of all liability by each entrant in this CONTEST.
