2009 FUNNY OR DIE "LET'S GO VIRAL" CONTEST
"OFFICIAL RULES"
NO PURCHASE NECESSARY TO ENTER OR
WIN THE CONTEST. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. This contest
is sponsored solely by Funny or Die, Inc.
1. CONTEST DESCRIPTION: The Let’s
Go Viral contest (the "Contest") is a skill based competition
in which participants shall compete by submitting one or more original
comedy videos (each is an “Entrant Video”) for a chance to win a
free trip to the Funny or Die offices in Los Angeles and create a video
with the Funny or Die team. The first runner up will win a walk-on role
in the winner’s video produced by Funny or Die. Each Contest Entrant
(as such term is defined below) shall be invited to submit his/her Entrant
Video, which shall be judged as further described in Rules 7 and 8 below.
The Contest begins at 12:00:01 AM ET on June 30, and ends at 11:59:59
PM ET on October 30, 2009, and the deadline for submissions of Entrant
Videos is on September 30, 2009, at 11:59:59 PM ET (the "Submission
Deadline"). The Contest shall be conducted in two phases. The first
phase of the Contest ("Round One") consists of an online competition
in which Contest Entrants shall be invited to upload an Entrant Video
to the following website: http://www.funnyordie.com/
2. CONTEST ELIGIBILITY: The Contest
is open to legal residents of the fifty United States and the District
of Columbia who are at least 16 years of age at time of entry. Entrants
who are under the age of majority in their jurisdiction of residence
must have their parent/legal guardian's permission in order to submit
an entry in this Contest. Employees (and their immediate families, i.e.,
parents, spouse, children, siblings, grandparents, step parents, step
children and step siblings) of Funny or Die, Inc and their respective
parent companies, affiliated companies, subsidiaries, sponsors, advertising
and promotion partners and agencies, any other prize sponsor, and any
entity involved in the development, production, implementation, administration
or fulfillment of the Contest (all of the foregoing, together with Funny
Or Die, collectively referred to as the "Promotion Entities")
are not eligible to enter the Contest. A group of individuals (a "Team")
may collaborate on an Entrant Video, provided that ALL members of the
Team meet the eligibility requirements contained in these Official Rules.
The Team must designate one person as the agent of the group who shall
enter the Contest as the Contest Entrant on behalf of the Team, and
accept any prizes or awards on behalf of the Team. None of the Promotion
Entities are liable for any disputes between collaborators arising under
or related to the Contest. If a dispute as to the identity of a Contest
Entrant cannot be resolved to Funny Or Die's satisfaction, the affected
Entrant Video shall be deemed ineligible for the Contest.
3. HOW TO ENTER: Any individual wishing
to participate in the Contest must first become a Funny or Die member
to participate, thereby becoming an eligible participant (a "Contest
Entrant"). Membership is free and available at FunnyOrDie.com.
As part of the registration process, Contest Entrants shall be required
to (a) submit certain information, which may include, but not be limited
to, their name, username, address, telephone number, date of birth,
email address, and any other information required by Funny Or Die, and
(b) unconditionally agree to be bound by (i) these Official Rules, (ii)
FunnyOrDie.com’s Privacy Policy, Terms of Use and User Content Submission
Agreement. Multiple videos can be submitted for each registration/membership
per person and per e-mail address.
4. HOW TO SUBMIT AN ENTRANT VIDEO:
Following completion of membership for the FunnyOrDie.com website, each
Contest Entrant must follow the online instructions to complete, encode
and upload his/her Entrant Video. Each Contest Entrant, or Team (if
applicable), may submit any number of Entrant Videos during the term
of the Contest. The decision about what constitutes the same or materially
similar Entrant Video shall be made by Funny Or Die in their sole discretion.
Each Contest Entrant must complete the registration process and upload
his/her Entrant Video(s) no later than the Submission Deadline. All
Entrant Videos: (a) must be a wholly original, audio-visual performance
created by the Contest Entrant, (b) must be formatted and encoded according
to the requirements set forth on the Funny Or Die Site, (c) must be
in English, if there is any language in the Entrant Video; however,
subtitles may be permitted when used for comedic effect, rights or property,
(d) must not contain any copyrighted works (other than materials owned
by the Contest Entrant) or any other information, content or materials
that infringe the rights of any third party or violate any applicable
laws or regulations. All elements used, incorporated into or otherwise
appearing in a Entrant Video, including, without limitation, audio,
speech/voiceovers, stills, video, supers, or other audio-visual materials
(collectively, "Elements") must be entirely original, created
and performed by the Contest Entrant or be in the public domain. Use
of any Elements or other materials that are not original or in the public
domain may result in disqualification of the affected Entrant Video
and the disqualification of the Contest Entrant from participation in
the Contest, all as determined by Funny Or Die in their sole discretion.
5. SPONSORS' RIGHT TO DISQUALIFY:
At any time during the Contest, Funny Or Die reserves the right, in
their sole discretion, to disqualify and remove any Entrant Video for
any reason including, but not limited to, if Funny Or Die believes that
such Entrant Video, or any component thereof, contains any inappropriate
content, infringes the rights of any third party, violates any applicable
laws or regulations, is harmful to any Sponsor’s business, goodwill
or reputation, or otherwise does not meet the requirements set forth
in these Official Rules. The decisions of Funny Or Die on this and all
matters relating to the Contest are final and binding. 6. CONDITIONS
OF CONTEST ENTRY: (a) Each Contest Entrant retains ownership of any
Entrant Video he/she enters in the Contest. As a condition of entry
into the Contest, each Contest Entrant (or Contest Entrant's parent/legal
guardian, if Contest Entrant is a minor in his/her state of legal residence):
(i) WARRANTS AND REPRESENTS THAT
THE CONTEST ENTRANT OWNS ALL RIGHTS TO THE ENTRANT VIDEO(S) HE/SHE IS
SUBMITTING, INCLUDING, WITHOUT LIMITATION, THE ELEMENTS, THE VIDEO OR
DIGITAL RECORDING ITSELF, AND THE PERFORMANCE CONTAINED IN EACH ENTRANT
VIDEO (COLLECTIVELY, THE "CONTEST ENTRY MATERIALS");
(ii) WARRANTS AND REPRESENTS THAT
THE CONTEST ENTRANT IS THE INDIVIDUAL PICTURED AND HEARD IN THE RECORDING,
OR, ALTERNATIVELY, THAT THE CONTEST ENTRANT HAS OBTAINED PERMISSION
FROM EACH PERSON WHO APPEARS OR WHO IS HEARD IN THE CONTEST ENTRY MATERIALS
TO GRANT THE RIGHTS TO FUNNY OR DIE DESCRIBED IN THESE OFFICIAL RULES,
AND CAN MAKE WRITTEN COPIES OF SUCH PERMISSIONS AVAILABLE TO THE PROMOTION
ENTITIES UPON REQUEST; (iii) WARRANTS AND REPRESENTS THAT: (A) HIS/HER
CONTEST ENTRY MATERIALS ARE ORIGINAL AND HAVE BEEN LEGALLY OBTAINED
AND CREATED AND (B) DO NOT INFRINGE THE INTELLECTUAL PROPERTY, PRIVACY
OR PUBLICITY RIGHTS OR ANY OTHER LEGAL OR MORAL RIGHTS OF ANY THIRD
PARTY, OR VIOLATE APPLICABLE LAWS, REGULATIONS OR NETWORK STANDARDS;
(iv) without limiting the rights
granted to the Promotion Entities and their affiliates, legal representatives,
assigns, agents and licensees if the Contest Entrant is a Finalist,
irrevocably grants to the Promotion Entities and their affiliates, legal
representatives, assigns, agents and licensees, the worldwide, royalty-free,
non-exclusive, sublicensable, perpetual and transferable right and license
to reproduce, encode, store, copy, transmit, publish, post, broadcast,
display, publicly perform, exhibit, use and/or otherwise edit or modify
(as necessary) the Contest Entrant and First Runner Up's name, state
of residence, Contest registration information, image, voice, likeness,
statements, biographical material, including, without limitation, the
video or digital recording and performances contained in any of the
above items, as well as any additional photographic images, video images,
portraits, interviews or other materials relating to the Contest Entrant
and arising out of his/her participation in this Contest (with or without
using the Contest Entrant's name) (collectively, the "Additional
Materials") in connection with the rights granted in Rule 6(a)(v)
below, without additional review, compensation, or approval from the
Contest Entrant or any other party, except as prohibited by law;
(v) without limiting the rights granted
to the Promotion Entities and their affiliates, legal representatives,
assigns, agents and licensees, irrevocably grants to the Promotion Entities
and their affiliates, legal representatives, assigns, agents and licensees,
the worldwide, royalty-free, non-exclusive, sublicensable, perpetual
and transferable right and license to reproduce, encode, store, modify
(for any purpose, including, but not limited to, internal standards/practices
review and editorial control), copy, transmit, publish, post, broadcast,
display, publicly perform, adapt, exhibit, create derivative works of,
and/or otherwise exploit the Contest Entry Materials for (A) any purpose
on or through the Partner Sites and/or the Funny Or Die Site and (B)
any advertising, promotional or commercial purposes on any Funny or
Die programming service in any and all media, throughout the world,
whether now known or hereafter created, in each instance, without additional
review, compensation, or approval from the Contest Entrant or any other
party, except as prohibited by law;
(vi) grants to all end users of the
Funny Or Die Site (A) the non-exclusive license to access the Contest
Entry Materials through the Funny Or Die Site, (B) the ability to rate,
review, comment on and tag the Contest Entry Materials, (C) the ability
to send and distribute the Contest Entry Materials via e-mail, instant
messenger or other electronic means, (D) the ability to access the Contest
Entry Materials via the Funny Or Die Site’s APIs or via RSS or any
similar XML or related feeds, and (E) the non-exclusive license to use,
reproduce, distribute, remix, prepare derivative works of and compilations,
display and perform the Contest Entry Materials as permitted through
the functionality of the Funny Or Die Site pursuant to the respective
terms of service applicable thereto.
(vii) forever waives any rights of
privacy, intellectual property rights, and any other legal or moral
rights that may preclude the Promotion Entities' use of the Contest
Entry Materials or Additional Materials, or require the Contest Entrant's
permission for the Promotion Entities to use them for promotional purposes,
and agrees to never sue or assert any claim against the Promotion Entities'
use and exploitation of the same as permitted herein;
(viii) acknowledges and agrees that
(A) the Promotion Entities shall have access to and/or may create or
have created literary, film, tape and/or other materials, ideas and
concepts which may be similar or identical to the Contest Entry Materials
in theme, idea, plot, format, characters and/or other respects, (B)
the Contest Entrant shall not be entitled to any compensation or other
consideration because of the use by the Promotion Entities of any such
similar or identical material, ideas and/or concepts, and (C) the Promotion
Entities' use of material containing elements similar to or identical
with those contained in the Contest Entry Materials or any component
thereof shall not obligate the Promotion Entities to negotiate with
nor entitle Contest Entrant to any compensation, accounting or other
claim; and
(ix) agrees to indemnify and hold
the Promotion Entities and their respective affiliates, officers, directors,
agents, co-branders or other partners, and any of their employees (collectively,
the "Promotion Indemnitees"), harmless from any and all claims,
damages, expenses, costs (including reasonable attorneys' fees) and
liabilities (including settlements), brought or asserted by any third
party against any of the Promotion Indemnitees arising out of or in
connection with (A) any Contest Entry Materials or Additional Materials
(including, without limitation, any and all claims of third parties,
whether or not groundless or based on the submission of such material),
(B) any breach by the Contest Entrant of any warranty, agreement or
representation contained in these Official Rules or terms of service
or in any documentation submitted or agreed to by the Contest Entrant,
(C) the Contest Entrant's conduct during and in connection with this
Contest, including, without limitation, trademark, copyright, or other
intellectual property rights, right of publicity, right of privacy or
defamation, or (D) the acceptance, use or misuse of any award or prize.
(b) In addition to the rights granted
to the Promotion Entities as set forth above, each Finalist (or Finalist's
parent/legal guardian, if Finalist is a minor in his/her state of legal
residence) irrevocably grants to the Promotion Entities and their affiliates,
legal representatives, assigns, agents and licensees, the worldwide,
royalty-free, non-exclusive, sublicensable, perpetual and transferable
right and license to reproduce, encode, store, modify (for any purpose,
including, but not limited to, internal standards/practices review and
editorial control), copy, transmit, publish, post, broadcast, display,
publicly perform, adapt, exhibit, create derivative works of, and/or
otherwise exploit the Contest Entry Materials in any manner on any Funny
or Die programming service in any and all media, throughout the world,
whether now known or hereafter created, in each instance, without additional
review, compensation, or approval from the Finalist or any other party,
except as prohibited by law.
7. ROUND ONE: PARTNER FINALIST SELECTION
PROCESS: At the start of Round One on at 12:00:01 AM ET on June 30,
2009, a series of sample submissions may be made available as examples
on the Funny Or Die Site. All eligible Entrant Videos, as they are received
and deemed to be eligible, shall be displayed on the Funny or Die Site
starting on June 30, 2009.
8. ROUND TWO: THE JUDGING PHASE:
Beginning September 30, 2009, at 11:59:59 PM ET (the "Submission
Deadline. End users of the Funny Or Die Site (the "Funny Or Die
Site Voters") shall be able to view and vote on all Entrant Videos
during the entire contest period, but their votes are not counted towards
the Final Judging.
9. WINNER AND FIRST RUNNER UP PRIZES:
The Winner and the First Runner Up selected shall each receive a trip
for two (Winner and companion) to Los Angeles, California, at a date
in 2010 to be determined later (the "Prize Trip"). If an Entrant
Video submitted by a Team is selected as a Winner and awarded the Prize
Trip, only the ONE Team member designated as the "Contest Entrant"
by the Team shall be entitled to the Prize Trip.
Contest Winner will receive for free:
i) rounddtrip airfare to Los Angeles, California, ii) 2 nights hotel
accomodations, iii) $200 in cash for ground transportation and other
miscellaneous expenses, and iv) production assistance from the Funny
or Die team to make a short-form (3 minutes or less) comedy video (Winner's
FOD Video). Funny or Die will provide all reasonable equipment
neccessary to shoot and edit the video (e.g. camera, lights, microphones,
editing suite), assist with script writing, secure actors, and arrange
for shooting locations. For clarity, the costs of production (both
monetary and non monetary) will be generally consistent with Funny or
Die's standard business practices. During the production process,
Winner will receive input from and/or interaction with Will Ferrell,
Adam McKay, Judd Apatow, Chris Henchy, and Andrew Steele. Winner's
FOD Video will be featured for no less than one day on the Funny or
Die hompage, located at www.funnyordie.com, at a date of Funny or Die's
choosing, but in any case no later than 30 days after the completion
of Winner's Funny or Die Video.
First Runner Up will receive for
free: i) roundtrip airfare to Los Angeles, California, ii) 2 nights
hotel accommodations, iii) $200 in cash for ground transportation and
other miscellaneous expenses, and will contribute to the video shoot
described above.
(ARV of each Prize Trip is $1,500
and the value of the Prize Trip may vary depending upon the actual cost
of air transportation from point of departure and accommodations at
time of reservation). If a Winner or First Runner Up is deemed a minor
in his/her state of residence, then the Winner or First Runner Up’s
parent/legal guardian shall be required to accompany the Winner or First
Runner Up on the trip as their travel companion. Limit one Prize Trip
per Winner or First Runner Up. Except as specifically provided herein,
the Prize Trip does not include taxes, insurance, telephone charges,
personal expenses, travel arrangements between the Finalist’s home
and the U.S. airport of departure, ground transportation (except as
specified herein), gratuities, passenger facility charges, departure
taxes, incidental charges, or any other items not specifically described
in these Official Rules, and all expenses for any of the foregoing are
the sole responsibility of the Finalist. Once confirmed, trip dates
and travel accommodations cannot be changed by the Winner or First Runner
Up; travel is subject to availability, blackout dates, and/or changes
due to circumstances beyond the Site’s control. Winner or First Runner
Up and their respective travel companions must travel on the same dates,
itinerary, and fare class. All travel awarded in this Contest must be
completed by June 2, 2010. No extensions shall be permitted, and any
unused travel shall be forfeited. The Prize Trips cannot be used in
conjunction with any other promotion or offer and may not be separated.
All tickets issued in conjunction with the Prize Trips are not eligible
for frequent flyer miles and no code-share flights may be used. Prize
Trips may not be transferred or assigned except by Funny or Die. Only
listed prizes shall be awarded and no substitutions, cash equivalents
or redemptions shall be made, except that Funny Or Die reserve the right
to substitute any prize package with another prize of equal or greater
value in the event that the advertised prize (or any component thereof)
is not available. Reporting and payment of all applicable taxes, fees,
and/or surcharges, if any, arising out of, or resulting from, acceptance
or use of any prize, are the sole responsibility of the winner of that
prize. The Promotion Entities expressly disclaim any responsibility
or liability for injury or loss to any person or property relating to
the delivery and/or subsequent use of the prizes awarded. The Promotion
Entities make no representations or warranties concerning the appearance,
safety or performance of any prize awarded. Restrictions, conditions,
and limitations apply. The Promotion Entities shall not be liable for
nor replace any lost or stolen prize items. 10. GENERAL RULES: The Contest
is governed by and subject to the laws of the United States. All federal,
state and local laws and regulations apply. Void where prohibited by
law. All of the Finalists shall receive an IRS 1099 for the value of
their prizes. If any prize is awarded in connection with an Entrant
Video submitted by a Team, the member of the Team designated as the
"Contest Entrant" by the Team shall be designated as the recipient
of any prizes for tax purposes, and shall receive the IRS 1099 form
in connection with such prizes. By participating in the Contest and/or
accepting any prize, Contest Entrants grant permission to the Promotion
Entities and their advertising and promotion agencies to use their name,
likenesses, Entrant Videos, and any other material submitted in connection
with the Contest for purposes of advertising, publicity and promotion
purposes, without further compensation or accounting to Contest Entrant,
unless prohibited by law. Contest Entrants agree to be bound by these
Official Rules and the decisions of Funny Or Die, which are final and
binding on all matters relating to the Contest. Funny Or Die is not
responsible for any typographical or other errors in the printing of
the offer, administration of the Contest or the announcement of the
prizes, or for lost, late, misdirected, damaged, incomplete or illegal
entries. Funny Or Die reserves the right at their sole discretion to
disqualify any Contest Entrant or the vote of any individual found to
be (a) tampering or attempting to tamper with the entry process or the
operation of the Contest or any Sponsor website, (b) violating these
Official Rules, (c) violating the terms of service, conditions of use
and/or general rules or guidelines of any Funny or Die property or service,
or (d) acting in an unsportsmanlike or disruptive manner, or with intent
to annoy, abuse, threaten or harass any other person. Further, Funny
Or Die reserves the right to disqualify any entry which, in Funny Or
Die's sole discretion, is deemed to be offensive, libelous, slanderous,
inflammatory, or otherwise inappropriate in any way for this Contest.
NONCOMPLIANCE WITH ANY OF THE OFFICIAL RULES MAY RESULT IN DISQUALIFICATION.
ANY VIOLATION OF THESE OFFICIAL RULES BY A WINNER OR FIRST RUNNER UP
OR ANY BEHAVIOR BY A WINNER OR FIRST RUNNER UP OR ANY GUEST OF A WINNER
OR FIRST RUNNER UP THAT WILL BRING SUCH WINNER OR FIRST RUNNER UP OR
THE PROMOTION ENTITIES INTO DISREPUTE (IN FUNNY OR DIE’S SOLE DISCRETION)
WILL RESULT IN SUCH FINALIST’S DISQUALIFICATION AS A FINALIST AND
ALL PRIVILEGES AS A FINALIST WILL IMMEDIATELY BE TERMINATED. CAUTION:
ANY ATTEMPT BY A CONTEST ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY
DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST
MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT
BE MADE, FUNNY OR DIE RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH
PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
12. LIMITATIONS OF LIABILITY: The
Promotion Entities assume no responsibility for any computer, online,
telephone transmission or technical malfunctions that may occur during
participation in the Contest or any Contest-related activity (including,
without limitation, the voting phase of the Contest), or for theft,
destruction or unauthorized access to, or alteration of, Contest Entry
Materials or votes. The Promotion Entities are not responsible for any
incorrect or inaccurate information, whether caused by website users,
Contest Entrants or any of the equipment or programming associated with
or utilized in the Contest; or for any technical or human error which
may occur in the processing of submissions or votes in the Contest.
The Promotion Entities assume no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission,
failures or technical malfunction of any telephone network or lines,
computer online systems, servers, providers, computer equipment, software,
email, players or browsers, whether on account of technical problems,
traffic congestion on the Internet or at any website, or on account
of any combination of the foregoing (including, without limitation,
any such problems which may result in the inability to access the Funny
Or Die Site or to submit Contest Entry Materials or votes in connection
with the Contest). The Promotion Entities are not responsible for any
injury or damage to Contest Entrants or any other person, or to any
computer related to or resulting from participating or downloading materials
in the Contest. If, for any reason, the Contest is not capable of running
as planned, including infection by computer virus, bugs, tampering,
unauthorized intervention, fraud, technical failures, or any other causes
beyond the control of the Promotion Entities which corrupt or affect
the administration, security, fairness, integrity or proper conduct
of the Contest, Funny Or Die reserves the right at their sole discretion
to cancel, terminate, modify or suspend the Contest and select winners
from among those eligible Contest Entrants from that portion of the
Contest that has not been compromised, if any.
13. DISPUTES/GOVERNING LAW: Except
where prohibited, as a condition of participating in the Contest, each
Contest Entrant agrees that any and all disputes which cannot be resolved
between the parties, claims and causes of action arising out of or connected
with this Contest, or any prize awarded, or the determination of winners
shall be resolved individually, without resort to any form of class
action. Further, in any such dispute, under no circumstances will any
Contest Entrant be permitted to obtain awards for, and hereby waives
all rights to claim punitive, incidental or consequential damages, or
any other damages, including attorneys' fees, other than entrant's actual
out-pocket expenses (e.g., costs associated with entering this Contest),
and each Contest Entrant further waives all rights to have damages multiplied
or increased. All issues and questions rights and obligations of Contest
Entrant in connection with the Contest shall be governed by, and construed
in accordance with, the laws of the State of New York, U.S.A., without
giving effect to the conflict of laws rules thereof and any matters
or proceedings as set forth in these Official Rules, shall take place
in the State of New York, County of New York. The parties waive rights
to trial by jury in any action or proceeding instituted in connection
with these Official Rules and/or this Contest.
14. PRIVACY: By entering the Contest,
each Contest Entrant agrees to the Sponsors’ use of their personal
information, as described in FUNNY OR DIE’s Privacy Policy, located
at http://www.funnyordie.com/
15. WINNERS LIST/RULES REQUESTS: For a copy of these Official Rules or the winners names, send a separate, stamped, self-addressed envelope to: Mitch Galbraith, Funny or Die, 455 Portage Avenue Suite B, Palo Alto CA 94306. Vermont residents may omit return postage.