ROAD 2 ODDBALL STAND-UP COMPETITION
1. Eligibility: The Road 2 Oddball Stand-Up Competition (the “Competition”) is only open to permanent legal residents of the fifty (50) states of the United States (“U.S.”) and the District of Columbia (“D.C.”) who are currently physically located and residing therein (excluding Guam, Puerto Rico and all other U.S. and foreign territories and possessions) and who are twenty-one (21) years of age or older as of the date of entry. Employees of MillerCoors LLC, Live Nation, Creative Artists Agency, Synergy Global Entertainment, Inc., E360, Funny or Die, Inc. (“Sponsor”), their respective parent and subsidiary companies, the Road 2 Oddball Tour (“R2O”), the Oddball Comedy Festival (collectively, “Competition Entities”), and/or members of their immediate families (spouses, children, siblings, parents) are ineligible to enter the Competition. Employees, agents and officers of alcohol beverage retailers and distributors and their family members are not eligible to enter or win the Competition.
2. Competition Period: For all purposes of this Competition, Sponsor’s computer is the official clock and all times refer to Pacific Time (“PT”). The Competition period begins at 8:59:59 a.m. PT on March 26, 2014 and ends at 12:00 p.m. PT on July 13, 2014 (“Competition Period”). Competition consists of two (2) rounds. Videos (defined below) for the First Round must be received by 11:59 p.m. PT on April 23, 2014. Pleas (defined below) for the Second Round is must be received by 11:59 p.m. PT on July 10, 2014.
3. How to Enter:
- - To enter the Competition, participants must (1) visit the Competition page located at www.funnyordie.com/road2oddball, (2) follow the links and instructions to complete registration information, (3) select one (1) of fifteen (15) local markets (each a “Market”) in which participant will compete in the First Round, (4) upload a video submission, between one minute and thirty seconds (01:30) and three minutes (3:00) in length, showcasing participant’s stand-up abilities (the “Video”). Limit one (1) Video per person throughout the Competition Period. Sponsor may select any/all Videos and/or Pleas, in Sponsor’s sole discretion, to feature on the Website. The deadline to upload Videos for consideration in the First Round is 11:59 p.m. PT on April 23, 2014.
- First Round Voting Period: Between 8:59 am PT on March 26, 2014 and 11:59 pm PT on April 23, 2014, Participants must gain as many “Funny Votes” as possible for their Video on the Website (the “First Round Voting Period”).
- - First Round Selection: On or about April 28, 2014, one (1) winner from each Market (collectively, “Local Winners”) will be selected by a panel of Sponsor’s judges, in their sole discretion, taking into account, without limitation, originality, content, performance and the amount of “Funny Votes” for each Video. Only Local Winners will have the opportunity to participate in the Second Round as described below.
- - Pleas: After the Road 2 Oddball Tour has concluded, each Local Winner must upload one (1) “plea” video (the “Plea”) on to the Website between 30 seconds and 2 minutes in length. Limit one (1) Plea per Local Winner. Local Winners must submit a Plea by 11:59 p.m. PT on July 10, 2014 in order to be eligible in the Second Round Voting Period.
- - Second Round Voting Period: Between June 15, 2014 at 12:00 p.m. PT and July 10, 2014 at 11:59 p.m. PT (the “Second Round Voting Period”), each Local Winner must gain as many “Funny Votes” as possible for his/her Plea on the Website (the “Second Round Voting Period”).
- - Second Round Selection: On or about July 13, 2014, one (1) winner (the “National Winner”) will be selected by a panel of Sponsor judges, in their sole discretion, taking into account, without limitation, creativity, content, performance on the R2O Tour and the amount of “Funny Votes” for the Plea.
4. Video and Plea Restrictions: Videos and Pleas may not include material that could be deemed by the Sponsor and/or MillerCoors, LLC(a) to be inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous, (b) to be unlawful or whose purpose is to encourage unlawful activities by others, (c) to contain gratuitous violence, dangerous stunts or weapons of any kind, (c) to disparage Sponsor, MillerCoors, LLC, promotional participants, or any person or party affiliated with the Competition. Videos and Pleas may not contain brand names or trademarks. Each participant is solely responsible for obtaining any and all necessary licenses, releases or waivers permitting participant to use (i) the name, likeness, other attribute or proprietary mark of any individual or entity appearing in the Video and/or Plea, and (ii) music or any other third party material contained in the Video and/or Plea. If a Video and/or Plea is found to violate any of the terms of the Official Rules, Sponsor may disqualify participant and Sponsor may remove the Video and/or Plea from the Website. Videos and/or Pleas generated by any means which subvert the Competition entry process shall be void. All Videos and Pleas become the property of Sponsor and will not be acknowledged by Sponsor or returned to participant. Proof of submitting a Video and/or Plea will not be deemed by Sponsor as proof of receipt or Video into the Competition. Final eligibility for the award of any prize is subject to eligibility verification, as set forth below.
- Local Winners: Each Local Winner will be invited to perform at one (1) show in the Local Winner’s respective Market on the R2O Comedy Tour, tentatively scheduled between May 5, 2014 and May 29, 2014 (dates, locations, times, set length and position at sole discretion of Sponsor and subject to change). The total approximate retail value (“ARV”) of each Local Winner’s prize is two hundred dollars ($200).
- National Winner: The National Winner will be invited to join the Oddball Comedy Festival on the second stage in select cities tentatively scheduled August 1, 2014 through September 12, 2014 (dates, times, set length and position at sole discretion of Sponsor and subject to change). Sponsor will provide National Winner with (i) transportation on the Oddball Comedy Festival bus to select cities on the Oddball Festival, in Sponsor’s sole discretion, (ii) one (1) hotel room in each city that National Winner is invited to join on the Oddball Comedy Festival, (iii) catered meals for the National Winner during his/her participation in the Oddball Comedy Festival, and (iv) a per diem for the duration of National Winner’s participation in the Oddball Comedy Festival, in Sponsor’s discretion, not to exceed a total of three thousand dollars ($3,000). The total ARV of the National Winner’s prize is fifteen thousand dollars ($15,000).
All expenses associated with the receipt or use of prize(s) not specifically mentioned as being included are excluded and are each Local Winner and National Winner’s sole responsibility (including, without limitation, any transportation National Winner may require to the first city on the Oddball Comedy Festival and/or after the conclusion of the Oddball Comedy Festival). No compensation will be provided for Local Winners’ and/or National Winner’s participation on the R2O Comedy Tour and/or the Oddball Comedy Festival, except as specifically set out herein. No cash equivalent for prize(s) will be available. Prize is not transferable. However, Sponsor may, in its sole discretion, choose to substitute a prize of equal or greater value due to prize unavailability or for any other reason. The prize(s) and prize notification(s) will only be sent to addresses within the fifty (50) states of the U.S. (including D.C.). Any depiction of prize(s) in Competition materials or otherwise are for illustrative purposes only. All federal, state, or other tax liabilities (including but not limited to income taxes) arising from participation in the Competition or award of any prize(s) will be the sole responsibility of the winner(s). The Competition administrator is not the supplier or guarantor of any prize. Sponsor reserves the right to determine that the pool of participants in any/all Markets are not worthy of performing at certain tour dates and to select any candidate in Sponsor’s sole discretion to perform at any date on the R2O Tour and/or the Oddball Comedy Festival.
6. Notification of Winners: Potential winners will be notified via phone and/or email to the phone number and/or email address provided by participant or associated with the participant’s Competition registration within approximately twenty-four (24) hours of each round of Selections. Each potential winner will be emailed further instructions that must be adhered to within twenty-four (24) hours or his/her Video may be disqualified and an alternate potential winner may be selected. Instructions may include, but are not limited to, requiring potential winners to sign, execute, and return an original unmodified Affidavit of Eligibility, a Liability Release, (where legal) a Publicity Release as well as a copy of his/her legible government issued photo identification and any other documentation that Sponsor and/or the Competition administrator requires (collectively “Affidavit/Release”) within twenty-four (24) hours after delivery to the potential winner or such potential winner may be disqualified and an alternate potential winner for such prize may be selected. By returning the completed Affidavit/Release, winner attests to the provisions stated therein including the accuracy of the information contained therein and his/her compliance with these Official Rules. If a potential winner does not respond to the email and/or does not supply his Affidavit/Release within twenty four (24) hours; is found to be ineligible; if he/she does not comply with these Official Rules; if his/her prize or prize notification email is returned as undeliverable; potential winner may be disqualified and an alternate potential winner may be selected at Sponsor’s sole discretion.
8. Disclaimers: Competition Entities are not responsible or liable for Videos and/or Pleas that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), or for Videos and/or Pleas that are illegible, late, tampered with, forged, incomplete, misdirected, deleted, damaged, lost, misplaced, stolen, destroyed, or otherwise not in compliance with these Official Rules and such Videos and/or Pleas will be disqualified. By entering the Competition, participants agree and acknowledge that the Competition Entities shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury or death) in connection with: participation in this Competition; human error; acceptance/possession, use/misuse, and/or defects of the prize(s) awarded herein; change of official Competition sponsor, typographical errors in Competition promotional material; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or internet service provider utilized by Competition; interruption or inability to access the Competition, the Website or any online service via the internet due to hardware or software compatibility problems; any damage to participant’s (or any third person’s) computer and/or its contents related to or resulting from any part of this Competition; pre-emption/interruption/cancellation of elements of the Competition, even if caused by the negligence of one of the Competition Entities. Participants further agree to indemnify and hold harmless the Competition Entities from any and all claims and liability resulting or arising from the Competition, and hereby acknowledge that said Competition Entities 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, relative to any prize, including express warranties provided exclusively by a prize supplier that are sent along with a prize. Competition Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed (1) by any wrongful, negligent or unauthorized act or omission on the part of the prize supplier or any of its agents, servants, employees or independent contractors, (2) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of Sponsor, or (3) by any other cause, condition or event whatsoever beyond the control of Sponsor or its parents, subsidiaries and affiliated companies. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.
9. GOVERNING LAW, JURISDICTION, ARBITRATION: Any controversy or claim arising out of or relating to (i) the Competition, (ii) the awarding or redemption of any prize and/or (iii) the determination of the scope or applicability of these Official Rules or their enforcement or interpretation shall be governed by and construed in accordance with the substantive laws of the state of California without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. Any controversy or claim arising out of or relating to this agreement, its enforcement, arbitrability or interpretation shall be submitted to final and binding arbitration, to be held in Los Angeles County, California, before a single arbitrator, in accordance with California Code of Civil Procedure §§ 1280 et seq. The arbitrator shall be selected by mutual agreement of Sponsor(s) and the participant or participants bringing forth the controversy or claim (collectively, the “Parties”) or, if the Parties cannot agree, then by striking from a list of arbitrators supplied by the American Arbitration Association or JAMS/Endispute. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. The Parties will share equally in payment of the arbitrator’s fees and arbitration expenses and any other costs unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert and attorneys’ fees and other expenses to the same extent as if the matter were being heard in court). Participant(s) agrees that his/her claim will be resolved individually, exclusively by arbitration, without resort to any form of class action. Participant(s) further agrees that any claim/judgment/award in such arbitration shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Competition but in no event attorneys' fees; and, under no circumstances, will an participant(s) be entitled to awards for and participant(s) hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or increased. Should any term of this section be deemed void, unenforceable or contrary to law, such term shall, but only to the extent necessary to bring this section within the requirements of law, be deemed to be severed from the other terms of these Official Rules, and the remainder of these Official Rules shall be given effect as if it had not included the severed term herein. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
10. Name of Winners: To receive the name of winner(s) or an additional copy of these Official Rules, send a self-addressed stamped envelope to: the lot, Attn: FOD, The Road 2 Oddball Stand-Up Competition Winners or The Road 2 Oddball Stand-Up Competition Rules (specify which), 1041 N Formosa Avenue, Formosa South Bldg, West Hollywood, CA 90046. All requests must be received no later than two (2) months after the stated end date of the Competition Period. The Official Rules will be available on the Website during the entire Competition. Name of winners may also be posted on the Website.
11. Sponsor: Funny or Die, Inc., 1041 N Formosa Ave, Formosa South Building, West Hollywood, CA 90046 MillerCoors LLC shall not be liable for the promotion of, execution, verification, or fulfillment of winners for this Competition.