NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
The 50 Million Users Sweepstakes (“The Contest” or “The Promotion”) is FREE to enter and open only to legal residents of the fifty (50) United States (excluding Rhode Island) or the District of Columbia who are at least eighteen (18) years of age as of the date of entry. Employees, officers and directors of Magisto (“Sponsor”) and their parent companies, subsidiaries, affiliates, partners, dealers, advertising and promotion agencies, manufacturers or distributors of sweepstakes materials and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees, officers and directors are not eligible to enter (collectively, with Sweepstakes Entities, the “Released Parties”).
2. Void where prohibited:
The Contest is void in Rhode Island, outside the eligible region(s) specified in paragraph 1 herein above, and where otherwise prohibited by applicable federal, state, provincial or local laws, rules or regulations.
Magisto, 261 Madison Ave., 9th fl., New York, NY 10016
4. Agreement to Official Rules:
By participating in the Contest, the entrant fully and unconditionally agrees to and accepts these official rules (“Official Rules”) and the decisions of Sponsor, which are final and binding in all matters related to the Contest, and to release and hold harmless the Released Parties against any and all claims, injury or damage arising out of or relating to participation in this Contest and/or use or misuse or redemption of a prize. Whether or not the entrant receives a prize is contingent upon fulfilling all requirements set forth in these Official Rules.
Contest begins on December 5, 2014 at 12:00am Eastern Time (“ET”) and ends on December 5, 2015 at 11:59pm ET. The Sponsor’s computer is the official time-keeping device for the Contest. One Winner will be selected at random and notified.
6. How to Enter:
a. Register or login to Magisto. If you have not already registered with Magisto you will be required to register to create a Magisto account. Create a movie on December 5, 2014. b. There is no limit on the number of movies that can be submitted by each entrant, but only one (1) Prize (as defined below) per Winner. c. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries. Immediately upon entering the Contest, entries become the property of Sponsor and will not be acknowledged or returned. d. Potential Winners may be required to show proof of being the authorized Magisto account holder.
7. Submission Materials:
(a) For purposes of these Official Rules, any OWNED INTELLECTUAL PROPERTY BEING SHARED WITH ENTRANTS, E.G., AUDIO STEMS, or portions thereof, will be considered “Sponsor Content.” All other original content of the Submission shall be referred to herein as the “Submission Materials.” The Submission shall not include any viruses, worms, spyware, Trojan horses, malware, or other computer programming routines that may damage or detrimentally interfere with any computer or other device.
(b)(i) Entrant represents and warrants that: (A) all contents of Submission Materials, with the exception of Sponsor Content, are wholly original have been created entirely by entrant, have not been taken in whole or in part from any source other than entrant and do not incorporate or include anything that is owned by any third party or would require the consent of any third party; (B) entrant owns and/or controls 100% of all right, title and interest in and to the Submission, as well as all elements contained therein with the exception of Sponsor Content; (C) the Submission does not and shall not violate any law or the copyright, trademark, publicity right, privacy right, or any other right of any third party; (D) the Submission Materials, or any part thereof, have not been commercially released; and (E) entrant has the written consent, release and/or permission of each and every participant in the Submission Material to participate in the Submission as contemplated by these Official Rules; and (ii) entrant grants Sponsor the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Submission and to incorporate the Submission in other works in any and all markets and media worldwide in perpetuity.
(c) The Submission may not contain references which are obscene, crude, vulgar or defamatory; contain gang identification, references to commercial products, license plate numbers, phone numbers, personal addresses (physical or email), Web site URLs, derogatory characterizations of any ethnic, racial, sexual or religious groups; contain references to illegal or inappropriate activity, behavior or conduct; or contain any other references that could be considered inappropriate, unsuitable or offensive, as determined by Sponsor, in its sole discretion. If any Submission contains material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any Submission does not comply with these Official Rules or meet Sponsor’s standards for any reason, as determined by Sponsor in its sole discretion, such Submission (and the related entry) may be rejected as ineligible for consideration.
(d) By providing Submission in connection with this Contest, entrant grants to Sponsor and its affiliated companies the right, except where prohibited by law, to use entrant’s Submission, entrant’s name, likeness, picture, address (city and state), e-mail address, voice, biographical information, entry form information and written and oral statements, for advertising and promotional purposes in promoting or publicizing the Submission, Sponsor and its products and services, without compensation unless required by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of the Submission, entrant’s name, picture, likeness, address (city and state), e-mail address, or biographical information. The rights granted under this paragraph shall extend to Sponsor and its affiliated companies with respect to all entrants in the Contest, including the entrant who is selected as the Winner and those entrants who are not selected as the Winner. Sponsor is under no obligation to use the Submission for any purpose. Entrant hereby represents and warrants that entrant is at least eighteen (18) years of age and that entrant has read these Official Rules and is fully familiar with its contents. By entering, entrants agree to be bound by the decisions of the judges and these Official Rules and to comply with all federal, state, and local laws and regulations.
(e) By entering this Contest, ENTRANT represents and warrants that he/she expressly agrees to all terms and conditions set forth in these Official Rules; and PROVIDES HIS/HER EXPRESS PERMISSION TO APPEAR IN THE SUBMISSION.
8. Selection of Winner:
(a) On or about December 15, 2015, Sponsor will choose one (1) potential prize winner (“Prize Winner”) from all eligible entries by random drawing. The decision of the Judges shall be final and binding in all regards. Prize Winners may collectively be referred to herein as “Winner” or “Winners”. Sponsor reserves the right not to award any or all prizes in the event an insufficient number of eligible entries meeting the minimum judging criteria are received, as determined by Sponsor in its sole discretion.
One (1) winner will receive a Lifetime Magisto Pro Upgrade. The approximate retail value of this prize package is $199.
If entrant is selected as a potential Winner, entrant will be notified of the selection of his/her entry by the email address provided on his/her Magisto account. Potential Winners (or his/her parent/legal guardian if the Winner is a minor in his/her jurisdiction of residence) may be required as a condition of continued eligibility to sign an Affidavit of Eligibility, Waiver of Liability, an IRS W-9 form with a valid taxpayer identification number or Social Security Number, and, except where prohibited, Publicity Release (collectively, “Contest Documents”). If entrant does not respond to the email notification of his/her selection as a Winner within three (3) days, does not return the Contest Documents by the date designated by Sponsor, or otherwise does not comply with these Official Rules, as determined by Sponsor in its sole discretion, an alternate Winner will be selected from the remaining eligible entries to receive the prize. All decisions of the Sponsor in selecting the Winners are final and binding on all entrants in matters relating to the Contest. Prizes are not redeemable for cash. Limit: one (1) prize per household.
11. Prize Redemption:
Except where prohibited, a Winner (or his/her parent/legal guardian if the Winner is a minor in his/her jurisdiction of residence) shall be required to respond to the Sponsor’s notification email within three (3) days confirming that they comply with all terms and conditions of these Official Rules. Winning is contingent upon fulfilling all requirements. Acceptance of any prize shall constitute and signify Winner’s agreement and consent that the Sponsors may use the Winner’s name, city, state, likeness, Submission and/or prize information in connection with the Promotion, worldwide, including the Internet, without limitation and without further payment or consideration, except where prohibited by law. Without limiting the generality of these Official Rules, Winner shall irrevocably grant, transfer, convey and assign to the Sponsors the rights in and to the Submission including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Winner accepts and acknowledges that the Sponsor shall not be obligated to use the Submission and that the Sponsor in its sole discretion shall have the right to refrain from using the Submission. The Released Parties shall not incur any liability whatsoever to the extent the Sponsor chooses to refrain from any exploitation of its rights hereunder. Winner will indemnify the Sponsor, Released Parties and any licensee of the Sponsor against all claims, damages, liabilities and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these Official Rules.
By submitting an entry, you agree that the Released Parties will have no liability whatsoever for, and will be released and held harmless by entrant and entrant’s heirs, executors, representatives, successors and assigns for any claims, liabilities, or causes of action of any kind or nature for any injury, loss or damages of any kind, including direct, indirect, incidental, consequential or punitive damages to persons, including, without limitation, disability or death, and damage to property, due in whole or in part, arising directly or indirectly, now or in the future from the delivery, acceptance, use or misuse of the prize, any and all use as provided herein of entrant’s entry, or participation in this Contest and/or any related contest. Without limiting the foregoing, everything on the site and any contest site is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Some liability for incidental or consequential damages or exclusion of implied warranties, in which case such limitation or exclusion shall apply only to the extent permitted by the law in the relevant jurisdiction.
13. Limitations of Liability:
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any prize. The Sponsor is not responsible for misdirected or undeliverable entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. The Released Parties are not responsible for any typographical/other error in entries, selection announcement or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with this Promotion. If for any reason an entrant’s Submission is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another Submission. No more than the stated number of prizes will be awarded.
Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the Federal or State courts located in The City of New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of the entrant and the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
15. Winner Announcement:
For the names of Winners, available after January 30, 2015, send a self-addressed, stamped envelope to be received by September 30, 2014 to: Magisto, 261 Madison Ave, 9th Floor New York, NY 10016, Attn: Marketing Promotions.
CAUTION: ANY ATTEMPT BY ENTRANT TO DELIBERATELY DAMAGE THE SITE OR ANY CONTEST SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF APPLICABLE CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, THE ORGANIZER RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW AND TO DISQUALIFY YOU FROM THE CONTEST.