OFFICIAL CONTEST RULES
BuzzFeed, Inc. ("BuzzFeed") is running this contest (the "Contest") to encourage its users to create (and show-off) viral content. For the purpose of this Contest, each piece of content that you create on BuzzFeed after you have entered the Contest will be called a "viral entry." All eligible viral entries received will be judged using the criteria described below to determine the winner. Please note that this is a skill-based Contest, and chance plays no part in the determination of the winner.
To enter the Contest, go to https://www.buzzfeed.com/viralwars and complete an entry form.
The deadline for submitting your Viral Wars entries is November 11, 2010 at 11:59 p.m. (the "Viral Wars Entry Deadline"). All Viral Wars entries must be received before the Viral Wars Deadline to be eligible. Any late, lost, misdirected, incorrect or incomplete Viral Wars entries will be disqualified and BuzzFeed (and its agents) will not be responsible for such entries. You may create and enter in the Contest as many new pieces of content as you’d like, but each Viral Wars entry must have been created by you on or after the first day of the Contest.
Please note that Viral Wars entries may be used by BuzzFeed for any purpose.
Entrants must be 18 years of age or older to enter this Contest. This Contest is void where prohibited or otherwise restricted by law, including but not limited to any jurisdictions with laws that would require registration, disclosure, filing, trust account, or posting of a bond, or any other requirements, that are not satisfied by these terms and conditions. Employees of BuzzFeed, its agents and advertising and promotion agencies, and their immediate families or persons residing in their households, are not eligible to participate.
BuzzFeed will have the right at its sole discretion to determine whether an entrant is eligible for the Contest. At BuzzFeed’s sole discretion, Viral Wars entries (including, without limitation, content submitted in connection therewith) (a) in violation of third party rights or law or regulation, (b) substantially similar to another Viral Wars entry already on the BuzzFeed.com website or (c) commercial in nature will be immediately disqualified.
BuzzFeed can accept only those Viral Wars entries that are completed and submitted as described above. Viral Wars entries that do not comply with the provisions of these Official Contest Rules and/or the BuzzFeed User Agreement will be deemed ineligible and will not be considered.
Winner Selection/Judging Criteria
The creator of the Viral Wars entry with the most traffic (as measured using BuzzFeed’s tools and technology) between October 19, 2010 and November 11, 2010 will be the winner of the Contest. The odds of winning depend upon the number and quality of Viral Wars entries received by BuzzFeed.
You acknowledge and agree that BuzzFeed has human editors that pick content for the front page of BuzzFeed.com from a wide variety of sites and aggregators that they track and that while they look for things with a good chance of going viral and focus more on videos, images, lists and quizzes rather than just links, the decisions of what content to pick is in their sole discretion and, at times, random. By submitting any Viral Wars entry, entrants release BuzzFeed, its subsidiaries, affiliates, directors, officers, employees, representatives, agents, and advisors from any and all liability for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the decisions of BuzzFeed’s human editors in picking content to feature on the front page of BuzzFeed.com or otherwise.
The winner will be notified via U.S. mail, telephone or email (using the information provided with the winning Viral Wars entry) on or about November 12, 2010. Each winner may be required to complete an Affidavit of Eligibility and Liability and Publicity Release (where legal) and to return the Affidavit to BuzzFeed. Such document includes the acceptance of these Official Contest Rules, release of liability, confirmation of rights, and, except where prohibited by law, consent to use of the winner’s name, photograph, likeness, award information and other information without limitation or additional compensation, for promotional purposes. If any selected winner is unreachable or ineligible, fails to claim an award in accordance with the instructions, or fails to return an executed affidavit and consent in a timely manner, the winner will forfeit his or her award, and an alternate winner may be selected by BuzzFeed in its sole discretion.
The name of the winner can be found at BuzzFeed.com. The winner’s name will be posted only after he or she has signed the Affidavit of Eligibility and Liability and Publicity Release.
The first place winner will receive an Apple iPad and iPod Nano; the second place winner will receive an Apple TV and iPod Nano; the third, fourth and fifth places winners will each receive an iPod Nano. If, for any reason, such prizes are unavailable, BuzzFeed reserves the right to substitute a prize of equal or greater value, to the extent permitted by law. If you are a minor in your place of residence, we may award the prize to your parent/legal guardian on your behalf and your parent/legal guardian shall be designated as the winner. The award is non-transferable by the winner. If you accept the prize, you will be solely responsible for all applicable taxes related to accepting the prize.
Protection of Intellectual Property
By submitting a Viral Wars entry or accepting any award, you represent and warrant the following: (a) you will not submit content that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property rights or other proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the content and to grant BuzzFeed all of the rights granted herein; (b) you will not publish falsehoods or misrepresentations that could damage BuzzFeed or any third party; (c) you will not submit content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (d) you will not post advertisements or solicitations of business; (e) BuzzFeed will not be obligated to pay any compensation to, or permit any participation by, any third party in connection with the use, reproduction, modification, publication, display or other exploitation of any of the content that you submit; and (f) the content submitted by you does not contain any viruses, Trojan horses, worms or other disabling devices or harmful code.
By posting or submitting content on or to BuzzFeed.com (regardless of the form or medium of such content), you hereby grant BuzzFeed, its affiliates, and its and its affiliates’ agents and third party contractors, without additional consideration, a worldwide, perpetual, irrevocable, non-exclusive right and license, with the right to sublicense, to reproduce, modify, create derivative works of, display and publish on BuzzFeed.com and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work) such content, to store such content (either in the form submitted or in the form of a derivative or adapted work), and to distribute such content and use such content for promotional and marketing purposes (either in the form submitted or in the form of a derivative or adapted work). You understand that you will not receive any compensation or credit for use of your Viral Wars entry, other than what is described in these Official Contest Rules.
While we reserve these rights, we are not obligated to use your Viral Wars entry for any purpose, even if it has been selected as the winning entry.
You understand and acknowledge that BuzzFeed and other entrants may create Viral Wars entries similar or identical to your Viral Wars entry and/or submit content similar or identical to the content that you submit, and you waive any claims you may have resulting from any similarities to your Viral Wars entry.
By entering this Contest, you agree to be bound by these Official Contest Rules. The Official Contest Rules will be posted at BuzzFeed.com. To the maximum extent permitted by law, BuzzFeed reserves the right to change these Official Contest Rules at any time. You further agree to be bound by the decisions of BuzzFeed and the judges which shall be final and binding in all respects. BuzzFeed reserves the right, at its sole discretion, to disqualify any individual that tampers or attempts to tamper with the Viral Wars entry process or the operation of the Contest or web site; violates the Official Contest Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY YOU OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, BUZZFEED RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH CONTESTANT OR INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
If someone cheats, or a virus, bug, catastrophic event, or any other unforeseen or unexpected event that cannot be reasonably anticipated or controlled (also referred to as force majeure) affects the fairness and/or integrity of this Contest, BuzzFeed reserves the right to cancel, change or suspend this Contest. This right is reserved whether the event is due to human or technical error. If a solution cannot be found to restore the integrity of the Contest, BuzzFeed reserves the right to select a winner based on the criteria specified above from among all eligible Viral Wars entries received before BuzzFeed had to cancel, change or suspend the Contest.
Limitation of Liability and Release
Limitation of Liability and Release
By submitting any Viral Wars entry, entrants release BuzzFeed, its subsidiaries, affiliates, directors, officers, employees, representatives, agents, and advisors from any and all liability for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest. Without limiting the foregoing, BuzzFeed, its subsidiaries, affiliates, directors, officers, employees, representatives, agents, and advisors are not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions, whether caused by BuzzFeed, or you or by any of the equipment or programming associated with or utilized in association with the Contest or by any technical or human error which may occur in the processing of submissions that may limit an entrant’s ability to participate in this Contest. BY ACCEPTING DELIVERY OF THE AWARD, WINNER AGREES THAT THE AWARD IS AWARDED ON THE CONDITION THAT BUZZFEED, its subsidiaries, affiliates, directors, officers, employees, representatives, agents, and advisors WILL HAVE NO LIABILITY WHATSOEVER FOR ANY INJURIES, LOSSES, OR DAMAGES OF ANY KIND RESULTING FROM ACCEPTANCE, POSSESSION OR USE OF THE AWARD, OR THE CONTEST. Winner further acknowledges that the foregoing 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) in connection with the award or the use or enjoyment of the award. ALL AWARDS ARE AWARDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY SORT, EXPRESS OR IMPLIED.
If any provision of these Official Contest Rules are held to be illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these terms and conditions shall otherwise remain in full force and effect and enforceable to the fullest extent permitted by applicable law. BuzzFeed reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Contest Rules. The Contest is governed by and shall be construed under the laws of the State of New York, U.S.A., without regard to the conflicts of law provisions therein. All disputes in connection with the subject matter of these Official Contest Rules will be determined by binding arbitration in New York, New York by, and under the rules of, JAMS. The Contest is void where prohibited or restricted by any relevant federal, state or local law, including but not limited to jurisdictions with laws that would require registration, disclosure, filing, trust account, or posting of a bond, or any other requirements that are not satisfied. These Official Contest Rules (together with the BuzzFeed User Agreement) set forth the entire agreement, and supersede any and all prior agreements of the parties with respect to the subject matter hereof. No change, modification or waiver to these Official Contest Rules will be effective unless in writing and signed by the party against which enforcement is sought.
If you have any questions about these Official Contest Rules, or wish to receive a written notification of the Contest winner, please send questions/requests via e-mail to firstname.lastname@example.org.
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