Show Us Your Fail Full Contest Terms

CHEEZBURGER, INC.

SHOW US YOUR FAIL CONTEST TERMS

Please read these terms before entering the Show Us Your FAIL Contest (the “Contest”) sponsored by Cheezburger, Inc., 190 Queen Anne Ave. N., Suite 310, Seattle, WA 98109 (“Sponsor”).  These terms, along with contest-specific terms which are set forth in the contest summary http://failblog.org/show-us-your-fail-contest-summary/ (the “Contest Summary”) constitute the “Official Rules” with respect to the Contest.  By submitting Content (defined below) to Cheezburger in connection with the Contest, you agree to be bound by the Official Rules, and represent that you satisfy all of the eligibility requirements set forth in the Official Rules.

1.         ELIGIBILITY:  The contest is open to legal residents of the United States and Canada (including the District of Columbia, but excluding Puerto Rico, Guam, the Province of Quebec, and any jurisdiction in which this type of contest is not permitted or which requires a bond) who are 18 years of age or older at the time of entry. Void where prohibited by law. Employees of Sponsor, its franchisees, partners, retailers, affiliates, subsidiaries, advertising and promotion agencies, printing suppliers and any other individual or company involved in the development or execution of the Contest (collectively the “Promotion Parties”) and the immediate families (spouse, parents, children, siblings, and their respective spouses) and household members of each employee (whether related or not), are not eligible to enter or win. All applicable federal, state and local laws and regulations apply. All entries must comply with these Official Rules.  Sponsor reserves the right to verify eligibility qualifications of the winners.

2.         ENTRY, PRIZES & ODDS OF WINNING: The Contest begins and ends (the “Deadline”) at a certain time, as set forth in the Contest Summary http://failblog.org/show-us-your-fail-contest-summary/. All submissions must be received by the Deadline to be eligible to win a prize. Complete instructions on how to enter the Contest, the prize(s) being awarded, and the odds of winning can be found in the Contest Summary.

•           NO PURCHASE NECESSARY – THE PURCHASE OR SUBSCRIPTION OF ANY CHEEZBURGER PRODUCTS OR SERVICES OR REGISTRATION AS A USER ON ANY CHEEZBURGER WEB SITE DOES NOT INCREASE THE ODDS OF WINNING

            •           ODDS OF WINNING A PRIZE DEPEND ON NUMBER OF ELIGIBLE ENTRIES RECEIVED

•           YOU MAY OBTAIN A COPY OF THE OFFICIAL RULES BY EMAILING SPONSOR AT failpictures@gmail.com OR BY SENDING SPONSOR A LETTER WITH YOUR ADDRESS TO: Cheezburger, Inc., Attn: Contests, 190 Queen Anne Ave. N., Suite 310, Seattle, WA 98109

Prize notifications returned as undeliverable or Prizes otherwise not effectively claimed within 10 calendar days after delivery of notification will be forfeited and awarded to an alternate winner.  Prizes are not transferable.  Sponsor will deliver the Prize to the winner at a time designated by Sponsor, and you acknowledge that the receipt of such prize may be delayed due to circumstances beyond the reasonable control of Sponsor (e.g., product availability).  No substitutions or exchanges will be permitted, however, if the Prize constitutes a product that is discontinued, never released, or not available, Sponsor may offer a substitute Prize or cancel the Contest.  All tax associated with the receipt of any Prizes are the sole responsibility of the winner.

3.         Disclaimer; Limitation of Liability: Sponsor, all participating sponsors and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer or communications-related malfunctions or failures; (c) any disruptions, injuries, losses or damages caused by events beyond the control of Sponsor; or (d) any printing or typographical errors in any materials associated with the Contest.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THE OFFICIAL RULES OR ELSEWHERE, SPONSOR MAKES AVAILABLE THE CONTEST, AND ANY PRIZES ON AN “AS IS” BASIS AND DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION THEREWITH.  SPONSOR SHALL NOT BE LIABLE TO ANY ENTRANT OR WINNER FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND – INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA – ARISING OUT OF THE CONTEST, REGARDLESS OF WHETHER SPONSOR WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF.  THE TOTAL AGGREGATE LIABILITY OF SPONSOR TO ENTRANTS, WINNERS, OR OTHER THIRD PARTIES ARISING OUT OF OR RELATING TO THE CONTEST WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL NOT EXCEED THE SUM OF ONE HUNDRED DOLLARS.

4.         Rights to Use Likeness; Publicity Release:  Except where prohibited by law, submission of Content in connection with the Contest constitutes permission to use your name, likeness and/or Prize information, without limitation, for promotional purposes without further permission or compensation.  As a condition of being awarded any Prize, except where prohibited by law, winners may be required to execute a separate Affidavit of Eligibility and Release (“Affidavit of Eligibility and Release (pdf)”) pursuant to which winners will consent to the use of their name, address, likeness and/or Prize information, without limitation, for promotional purposes without further permission or compensation.  All entrants and winners acknowledge that they have read the Official Rules and the Affidavit of Eligibility and Release, and accept the terms stated in the Official Rules and in the Affidavit of Eligibility and Release.

5.         General Release:  By submitting Content in connection with the Contest, you release Sponsor, participating sponsors and any of their respective parent companies, subsidiaries, affiliates, directors, officers, employees and agencies (collectively, the “Released Parties”) from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest or delivery, misdelivery, acceptance, possession, use of or inability to use any Prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.

CHEEZBURGER ENCOURAGES YOU TO BE SAFE AT ALL TIMES AND TO OBEY ALL LAWS, RULES, REGULATIONS AND POLICIES IN PARTICIPATING IN THE CONTEST OR BEING INVOLVED IN THE CHEEZBURGER.

6.         CONTENT REQUIREMENTS; GRANT OF RIGHTS:  You represent that you have the right to use any text, audio, video, audiovisual, html, links or other materials (the “Content”) you submit as part of the Contest, and no part of the Content infringes upon the copyright or any other statutory or common-law intellectual property rights (including without limitation trademark, service mark, and trade name rights), proprietary rights (including without limitation trade secrets), or rights of privacy or publicity of any third party (including Cheezburger). Additionally, the Content must comply with icanhascheezburger.com Terms of Use, located at http://icanhascheezburger.com/terms-of-use/; and the Content cannot have been (i) submitted previously in a contest of any kind, whether or not sponsored, co-sponsored, administrated or hosted by Sponsor or exhibited or (ii) displayed publicly (previously) through any means or (iii) contain a watermark from any site.

The Content must additionally comply with the following restrictions (“Content Restrictions”):

•           the Content must not contain material that violates or infringes another person’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;

•           Each entrant must have full consent from any person whose image is included in the Content and/or full rights to the Content from anyone who might have taken the Content;

•           If any individual appearing in the Content is deemed a minor in the jurisdiction in which he or she resides, such minor’s parent or legal guardian must have consented to the use of the Content in this Contest, prior to entrant submitting the Content;

•           the Content must not contain any third party brand names, logos or trademarks;

•           the Content must consist solely of material created by entrant or the entrant must otherwise have the right to submit the uploaded Content as contemplated hereunder, subject to the rights granted by entrant hereunder;

•           the Content must not contain material that is hateful, tortuous, defamatory, slanderous or libelous toward any person living or deceased, or otherwise infringe upon any person’s personal or proprietary rights;

•           the Content must not contain material that is obscene, sexually explicit or pornographic or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that is designed to annoy or harass;

•           the Content must not make any references to alcoholic beverages, tobacco, drug paraphernalia, firearms, or any depiction or representation thereof;

•           the Content must not contain any virus, Trojans, hacks, spyware, or malicious code of any type;

•           the Content must be suitable for audiences of all ages and be consistent with Sponsor’s reputation in the marketplace, including its reputations for quality and integrity; and

•           the Content must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where Entry is created.

Failure of any submission to comply with the above Content Restrictions or these Official Rules, as determined by Sponsor in its sole discretion, may result in the deletion of an entry and disqualification from the Contest. No entry will be acknowledged or returned.

You grant to Cheezburger (and its contractors and service providers) a non-exclusive, worldwide, perpetual fully paid-up license (with the right to sublicense) to use, reproduce, modify, adapt, publish, translate, create derivative works from, and to distribute, perform, transmit and display the submitted Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Content.  In any event, Cheezburger may freely exploit the Content without payment of any license fees to you or any third party, and may freely license this right to third parties.

You agree to indemnify and hold harmless Cheezburger from and against any and all claims, costs, losses, damages and expenses (including reasonable attorney’s fees) incurred by Cheezburger arising out of or in connection the Content or based on Cheezburger’s use of the Content (including but not limited to any third party claims based on violations of intellectual property rights or publicity or privacy rights).

7.         Winners List; Rules Request:  For a copy of the Official Rules or a list of winners, send a stamped, self-addressed, business-size envelope after the Deadline to Sponsor at Cheezburger, Inc., Attn: Contests, 190 Queen Anne Ave., Ste. 250, Seattle, WA  98109 or email Sponsor at failpictures@gmail.com  For one month after a contest ends, you will be able to view the winners list at the following URL: http://failblog.org/contest-winner/

8.         Choice of Law:  The Contest and the Official Rules shall in all respects be governed by the laws of the State of Washington without reference to its principles of conflicts of laws.

9.         Arbitration; Venue:  ANY DISPUTE REGARDING THE CONTEST IS EXCLUSIVELY SUBJECT TO ARBITRATION IN SEATTLE WASHINGTON, PURSUANT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION.  YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THE CONTEST.  SUCH CLAIMS ARE SUBJECT TO BINDING ARBITRATION (WITH ONE ARBITRATOR SITTING) IN SEATTLE, WASHINGTON, IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION.  YOU FURTHER WAIVE ANY OBJECTION TO VENUE IN SEATTLE, WASHINGTON, WHETHER SUCH OBJECTION IS BASED ON LACK OF PERSONAL JURISDICTION, IMPROPER VENUE, FORUM NON CONVENIENS OR THE LIKE.  SEATTLE, WASHINGTON SHALL BE THE EXCLUSIVE VENUE AND JURISDICTION TO RESOLVE ANY DISPUTES RELATING TO THE CONTEST AND YOU IRREVOCABLY SUBMIT TO JURISDICTION IN THE STATE OF WASHINGTON IN CONNECTION THEREWITH.

10.       Miscellaneous:  You agree to be bound by the Official Rules and by the decisions of Sponsor, which are final and binding in all respects.  Sponsor reserves the right to revise, suspend or cancel the Contest or your participation in the Contest should viruses, bugs, unauthorized human intervention or other causes beyond Sponsor’s control affect the administration, security or proper administration of the Contest or if Sponsor otherwise becomes (as determined in its sole discretion) incapable of running the Contest as planned.  You are subject to disqualification if you violate the Official Rules, tamper with the operation of the Contest or engage in any conduct that is detrimental or unfair to Sponsor, the Contest or any other entrant (in each case as determined in Sponsor’s sole discretion).  Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Contest.  If you have any questions about the Official Rules or the Contest, please send written questions to Cheezburger, Inc., Attn: Contests, 190 Queen Anne Ave. N., Ste. 310, Seattle, WA  98109, or email Sponsor at failpictures@gmail.com