‘MOFOS HOLIDAY GIVEAWAY’ CONTEST
Official Contest Rules
NO PURCHASE OR PAYMENT OF ANY MONEY IS NECESSARY TO ENTER OR WIN THE CONTEST. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS EXIST BUT HAVE NOT BEEN MET. SUBJECT TO ALL FEDERAL, STATE AND LOCAL LAWS. AN AFFIDAVIT OF ELIGIBILITY AND RELEASE OF LIABILITY FORM MAY BE REQUIRED. BY ENTERING THIS CONTEST, YOU AGREE TO THESE OFFICIAL CONTEST RULES, WHICH ARE A CONTRACT—READ THEM CAREFULLY BEFORE ENTERING.
WITHOUT LIMITATION, THE PRESENT OFFICIAL CONTEST RULES AND/OR THIS CONTRACT INCLUDE INDEMNITIES TO THE SPONSOR FROM YOU, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
The Giveaway Contest (the “Contest”) is sponsored by MG PREMIUM LTD, having its corporate address located at 195-197 Old Nicosia-Limassol Road, Block 1 Dali Industrial Zone, 2540, Cyprus (the “Sponsor”) and begins on December 14, 2018 at 2:30:00 p.m. (EST) and ends on December 25, 2018 at 11:59:59 p.m. (EST) (the “Entry Period”). Entrant’s registration and participation in the Contest shall be governed by the terms and conditions contained herein (the “Official Contest Rules”).
- ELIGIBILITY: All entrants must be at least eighteen (18) years of age as of the date of entry or the age of majority in their respective state as of the date of entry, be a legal resident of the United States and be legally able to participate. Employees, agents, directors, and their immediate families (spouse, parents, children, siblings, and each of their spouses regardless of where they live) or members of households of the Sponsor and its parent company, subsidiaries, affiliates, or advertising, design, print production and publicity agencies and anyone connected with the production and distribution of the Contest (collectively, the “Contest Entities”) are not eligible to enter or be awarded a prize (an “Entrant”). Odds of winning will depend upon the total number of entries received during the Entry Period. Winners may be required to sign an Affidavit of Eligibility and complete relevant tax forms as a condition to the delivery of the applicable prize. Void where prohibited by law. All applicable federal, state, and local laws apply.
- HOW TO ENTER: No purchase or payment of any money is necessary to participate in the Contest. By participating in the Contest, Entrants (i) agree to respect and be bound by these Official Contest Rules, including all Eligibility Requirements described hereinafter, and (ii) agree to be bound by the decisions of Sponsors, which are final and binding in all matters relating to the Contest (“Entry”). To enter the Contest, you must complete all of the following steps:
- Have both a Twitter and an Instagram account in order to enter the Contest via Twitter and Instagram. If you do not already have an Instagram or a Twitter account, one may be opened free of charge athttps://www.instagram.com/ or at https://twitter.com/. Normal time, toll, connection, and usage rates, if any, charged by your Internet Service Provider may apply.
- Follow Mofos’ Twitter page (mofosnetwork) and Mofo’s Instagram account (Mofos_network) available at the following addresses :
- Tag three (3) friends on a Contest related post on Mofos’ Twitter page and tag three (3) friends on a Contest related post on Mofo’s Instagram account.
Entries generated by script, macro, or other automated means are void. Incomplete, corrupted, or untimely Entries are void and will be disqualified. Sponsor and Youtube and their agencies are not responsible for lost, late, incomplete, damaged, stolen or misdirected Entries; lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user’s computer equipment (software or hardware), or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. Proof of Entry submission will not be deemed to be proof of receipt by Sponsor.
- Entries may not contain material that is obscene, defamatory, libelous, threatening, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, or violate any law;
- Entries must be appropriate for viewing by the general public; appropriateness will be determined by Sponsor. Any entry deemed inappropriate or unsuitable, in Sponsor’s sole discretion, will be disqualified;
- Entries must not contain content that is known by you to be false, inaccurate or misleading. Entries must not include any representation of celebrities, athletes, musicians, or any other third-party (public or private), include any anti-social, political or religious groups, any commercial solicitation or promotional materials or name, address, phone number, or URL address. Entries must not contain advertisements, personal solicitations or commercial solicitations;
- Entries must not contain viruses, Trojan horses, worms, bots, spyware or any other computer code that is intended to damage, interfere with, or surreptitiously intercept or expropriate any system, data or information;
- Entrants, participants and all submitted Entries must be in keeping with Sponsor’s image as determined by Sponsor, in its sole discretion, or Entry will be disqualified from the Contest. Entries must not disparage persons or organizations associated with Sponsor. Entries must not reference any of Sponsor’s competitors.
Notwithstanding anything to the contrary in the foregoing, information collected from Entrant will only be used for direct marketing purposes if Entrant consents to use in such manner. Sponsor expressly reserves the right to disqualify any Entry that it believes in good faith is generated by an automated program or via scripts or otherwise in violation of any law or of these Official Contest Rules. By participating, all Entrants agree to abide by these Official Contest Rules.
- THE PRIZES: A total of twelve (12) prizes will be awarded in this Contest, each prize consisting of either one (1) Mofos branded item of clothing OR a one (1) month membership to Mofos website, at the Sponsor’s discretion.
(a “Prize”, collectively referred to as the “Prizes”).
Each Prize has an approximate retail value of $30.00 USD.
- SELECTION: Each day during the Entry Period at approximately 00:00:00 a.m. (EST), Sponsor will select one (1) finalist (a “Finalist”) at random among all eligible Entries received in accordance with these Official Contest Rules and at the sole discretion of the Sponsor. The Finalists are not chosen by popularity or subscriber count. The Finalists will be chosen by employees or representatives of the Sponsor. The number of eligible Entries received determines the odds of winning. In the event of a dispute regarding the identity of the person submitting the Entry, the authorized account holder of the account will be deemed to be the Entrant. The “authorized account holder” is the natural person assigned to the account by an Internet access provider, online service provider or other organization responsible for assigning addresses for the user name associated with the submitted address. Each Finalist may be required to show proof of being the authorized account holder. Sponsor shall have the ultimate right to determine the identity of a Finalist in its sole discretion. Sponsor reserves the right to determine and to alter the method of notification.
Decisions of the Sponsor are final and binding with respect to all matters related to the Contest. In no event shall the Sponsor be obligated to award more prizes than the Prizes stated in these Official Contest Rules.
Each Finalist will be notified by email or private message via Instagram or Twitter within twenty-four (24) hours following the date he/she is selected as a Finalist. In the event a Finalist does not respond to the message sent by the Sponsor’s representative within a period of twenty-four (24) hours following the first contact, the Finalist will be disqualified and the Sponsor will have the right, at its sole discretion, to cancel the award of such Prize.
If a Finalist is found to be ineligible, disqualified or if the Prize notification is undeliverable, an alternate Finalist may also be selected from the pool of eligible Entries. Each Entry submitted in response to the Contest and in accordance with the Official Contest Rules will constitute an official Entry. Sponsor is not responsible for any delay or failure to receive notification for any reason, including inactive account(s), technical difficulties associated therewith, or winner’s failure to adequately monitor any account.
In the event a Finalist accepts his/her Prize by responding to Sponsor’s notification by email or direct message through Twitter or Instagram (a “Winner”) he/she will receive a shoutout in a post announcing he/she is a Winner and won a Prize on Mofos’ Twitter page (mofosnetwork) and Mofo’s Instagram account (Mofos_network).
Except where prohibited, participation in the Contest constitutes participant’s consent to Sponsor’s use of participant’s Entry and his or her name, likeness, voice, opinions, biographical information, and residence for promotional purposes in any media without further payment or consideration. Winners may be required to sign an affidavit of eligibility, liability release and a publicity release that, among other things, will further allow Sponsor to use winner’s name, likeness, voice, opinions, biographical information, and residence for publicity and promotional purposes without further compensation where permitted by law.
- PRIZE FULFILLMENT: Winners must provide the following information to Sponsor in order to receive The Prizes: full legal name, mailing address, telephone number(s), email address, age, proof of birth date, and date of birth. Arrangements for prize fulfillment will be made by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to substitute a prize of greater or equal value.
- The Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor or any Contest Entity. Winners acknowledge that the Contest Entities and all other businesses affiliated with this Contest and their agents do not make, nor are in any manner responsible for, any warranty, representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of The Prizes being offered.
Conditions and restrictions may apply. The right to receive a prize is non-assignable and non-transferable. No prize substitution, exchange or cash equivalent will be allowed except by Sponsor, who reserves the right to substitute a prize with another prize of equal or greater value in case of unavailability of prize or force majeure.
By accepting one of the Prizes, Winners waives the right to 1) assert as a cost of winning one of the Prizes, any and all costs of verification and redemption to redeem their Prize, and 2) claim any liability (including attorneys’ fees and costs) which might arise from redeeming or seeking to redeem The Prize. Winners are responsible for all federal, state, local and income taxes associated with winning a Prize. Winners also accepts sole responsibility for any miscellaneous costs relating to acceptance of any Prize.
- GENERAL RULES: Contest administration, Winners selection and Prize claim verification will be conducted by Sponsor. By participating in the Contest, Entrant agrees to be bound by these Official Contest Rules and the decisions of Sponsor, whose decisions are final and binding. All materials submitted become the sole property of Sponsor and will not be returned. Return of prize as undeliverable will result in disqualification, and an alternate winner may be selected in Sponsor’s sole discretion.
- RELEASE AND INDEMNIFICATION: BY ENTERING THIS CONTEST, ENTRANTS FOREVER AND IRREVOCABLY AGREE TO DEFEND, INDEMNIFY, RELEASE AND HOLD HARMLESS CONTEST ENTITIES, SPONSOR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY “RELEASEES”) FROM AND AGAINST ANY AND ALL LIABILITIES, ACTIONS, CAUSES OF ACTIONS, LOSSES, COSTS, EXPENSES, DAMAGES, ACTUAL, INCIDENTAL OR CONSEQUENTIAL, RIGHTS, CLAIMS, DEMANDS WHATSOEVER IN LAW OR EQUITY, LAWSUITS, PENALTIES, PROCEEDINGS, JUDGMENTS, AND ACTIONS OF ANY KIND, WHICH THE ENTRANT NOW HAS OR MAY ACQUIRE, ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE CONTEST, THE PRIZES, ENTRY, THE REMOVAL FROM THE SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS, OR RESULTING DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, RECEIPT, DELIVERY, POSSESSION, DEFECT, USE, INABILITY TO USE OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE CONTEST, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH, LOSS OF, OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY.
- GENERAL CONDITIONS AND RELEASES: An Entrant or Winner may be disqualified from the Contest if he or she fails to comply with any provision of these Official Contest Rules, as determined in the sole discretion of Sponsor. Participation in the Contest is at Entrant’s own risk. By receipt of one of the Prizes, the applicable Winners agree to release and hold harmless Sponsor, the Contest Entities and their respective successors, assigns, shareholders, partners, subsidiaries, affiliated entities, employees, directors, officers, agents, or representatives. Each Entrant further agrees that in the event of any third party claims, damages, losses or injuries, arising from or relating to this Contest, Entrant will defend, indemnify and hold harmless the Releasees from any and all such claims, including the attorney’s fees related thereto.
Releasees shall not be liable for (1) failed, returned, or misdirected notifications based on inaccurate information provided by the winner on the Contest; Entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged, or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind; (2) any electronic miscommunications or failures; technical hardware or software failures of any kind; lost or unavailable network connections; or failed incomplete, garbled, or delayed computer transmissions which may limit an Entrant’s ability to participate in the Contest; (3) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions, or other failures; delayed computer transactions or network connections that are human, mechanical, or technical in nature; or any combination thereof, including any injury or damage to Entrant’s or any other person’s computer related to or resulting from downloading any part of this Contest; or (4) any warranty of fitness or merchantability of any prize or the function or operation thereof.
Releasees do not make any, and hereby disclaim any and all, representations or warranties of any kind regarding any Prize. Unless prohibited by applicable law, the acceptance of a Prize by the Winners constitutes Winner’s permission for Sponsor to use Winner’s name, address (town and state), biographical information, testimonials, voice and likeness and any and all identifying characteristics including, but not limited to, the taking of photographs and/or videos, etc. by Contest Entities’ photographers or videographers for advertising and/or publicity purposes in connection with this Contest only, worldwide and in all forms of media now known or hereafter developed, in perpetuity, and without further compensation, unless prohibited by law, and Winner agrees to execute any and all documents requested by Contest Entities to convey such rights to own all the results thereof. Nothing contained herein shall be deemed to obligate any of the Contest Entities to make use of any of the rights granted herein, and Winner waives any right to inspect or approve any such use of any and every nature and kind.
By entering or accepting a prize in this Contest, each Winner agrees to be bound by these Official Contest Rules and to conform to all federal, state, and local laws and regulations. Each Winner will be required to execute and return to Sponsor any additional documents required by Sponsor in connection with the possibility of receiving a Prize. Winner may be required to furnish proof of identity, address, and birth date in order to receive a prize. Any person attempting to defraud or in any way tamper with this Contest will be ineligible for Prizes and may be prosecuted to the full extent of the law. Sponsor reserves the right to modify these Official Contest Rules in any way or at any time. Sponsor reserves the right, in their sole discretion, to modify, cancel, or suspend this Contest should viruses, bugs, or other causes beyond Sponsor’s control corrupt the administration, security, or proper play of the Contest, or for any reason that Sponsor believe in good faith would be fair to the Entrants and the conduct of the Contest. In the event of cancellation or suspension, Sponsor shall promptly post a notice on the Contest entry page to such effect.
- INTELLECTUAL PROPERTY: Ownership of the pre-existing underlying intellectual property of the Entrant remains the property of the Entrant subject to Sponsor’s rights to reprint, display, reproduce, perform, use, and exhibit the Entry for the purpose of administering and promoting the Contest and for Sponsor’s marketing and advertising purposes. By participating in the Contest, each Entrant grants to Sponsor a non-exclusive, worldwide, fully paid, royalty-free, perpetual, transferable license to reprint, display, reproduce, perform, use, and exhibit (including the right to make derivative works of) the Entry and materials and information submitted on and in connection with the Contest or use or receipt of the prize for any and all purposes in any medium. Each participating Entrant hereby warrants that any Entry and other materials and information provided by Entrant are original with Entrant and do not violate or infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity, and do not violate any rules or regulations. If the Entry or information or materials provided by Entrant contain any material or elements that are not owned by Entrant and/or which are subject to the rights of third parties, Entrant represents he or she has obtained, prior to submission of the Entry and information or materials, any and all releases and consents necessary to permit use and exploitation of the Entry and information and materials by Sponsor in the manner set forth in the Official Contest Rules without additional compensation. ENTRANT WAIVES ANY MORAL RIGHTS HE OR SHE MAY HAVE TO THE ENTRIES, AND AGREES THAT IF SPONSOR ELECTS TO USE ENTRIES FOR ANY PURPOSE, ALL RIGHTS UNDER COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS WHICH MAY RESULT FROM THAT RELATING TO ENTRANT’S ENTRIES OR FROM USE OF THE SAME BY SPONSOR SHALL BE THE SOLE PROPERTY OF SPONSOR. ENTRANT FURTHER AGREES THAT IF SPONSOR ELECTS TO USE ENTRANT’S ENTRIES, ENTRANT WILL EXECUTE ANY DOCUMENTS REQUESTED BY SPONSOR REGARDING THIS ASSIGNMENT. IF ANY USE BY SPONSOR OF THE ENTRIES CAUSES IT TO BE LIABLE TO ANY THIRD PARTY, ENTRANT AGREES TO INDEMNIFY SPONSOR AND ITS AGENTS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVE AND ALL RELATED PARTIES FROM AND AGAINST ANY AND ALL DAMAGES, COSTS, JUDGMENTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) WHICH IT INCURS AS A RESULT OF ITS USE OF THE ENTRIES.
- GOVERNING LAW: This Contest shall be governed by the laws of the State of California, applicable to contracts made and performed therein without regard to its conflicts of law provisions. By participating in this Contest, Entrants hereby agree that any and all disputes, claims, and causes of action arising out of or connected with the Contest or the award of the Prizes and all issues and questions concerning the validity, interpretation and enforceability of these Official Contest Rules shall be resolved individually, without resort to any form of class action, and irrevocably consent to exclusive jurisdiction and venue in the State and federal courts of Los Angeles, California for any dispute or litigation arising from or relating to this Contest. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest and never shall include consequential, incidental or punitive damages and, in no event, attorneys’ fees. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
This Contest is in no way sponsored, endorsed, administered by, or associated with Twitter or Instagram, or any other organization not specifically named as a Sponsor.
Individuals participating in the Contest acknowledge having read and accepted these Rules and agree to comply with them.