Smosh's "Finding Carter" Contest Rules and Regulations

Editor

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.

Contest Description: The Smosh Finding Carter Contest (“Contest”) begins on March 31, 2015 at 12:00 p.m. Eastern Time (“ET”) and ends on March 31, 2015 at 11:59 p.m. ET (the “Contest Period”). All persons participating in the Contest (each, an “Entrant”) unconditionally accept and agree to comply with and abide by these rules (the “Official Rules”) and the decisions of Defy Media, LLC (“Sponsor”), which shall be final and binding in all respects. Sponsor is responsible for the collection, submission or processing of contest entries (“Entries”) and the overall administration of the Contest. Entrants should look solely to Sponsor with any questions, comments or problems related to the Official Rules of the Contest.

Eligibility: Entrants must be legal residents of the United States (excluding Florida) and the District of Columbia who: (a) are 13 years of age or older. Void in Puerto Rico, Guam, the U.S. Virgin Islands, and where prohibited or restricted by law. Sponsor and its respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and Contest agencies and each of their respective officers, directors and employees (collectively, the “Contest Entities”), and members of their immediate families and/or persons living in the same household as such persons, are ineligible to enter the Contest or win a prize.

Online Entry: Enter the Contest during the Contest Period by finding a hidden image of MTV’s Finding Carter on online at smosh.com (the “Contest Site”). Sponsor will post one (1) tweet via its “Smosh” Twitter handle (i.e. [email protected]) that contains a clue to find the hidden image on Smosh.com. The first twenty (20) emails received at [email protected] with “Finding Carter” as the subject line along with Entrant’s full name, date of birth, and mailing address in the body of the email (collectively, “Entry Information”) will be eligible to receive a prize. Limit one (1) entry per person and/or per email address. Additional entries will be disregarded. All entries must be posted by the end of the Contest Period in order to participate. Sponsor’s database clock will be the official time keeper for this Contest. Automated or robotic Entries submitted by individuals or organizations will be disqualified. All online entries must be made by the Entrant, and only at the Contest Site.

Privacy: Each Entrant acknowledges that if s/he is chosen as a winner, certain of such Entrant’s personally identifying information may be disclosed to third parties at least as required by law, including, without limitation, by inclusion on a winner’s list. All personal information submitted as part of the Contest may be shared by and between the Promotion Entities, and each of the Promotion Entities will use such information in accordance with their respective independent online privacy policies.

Winner Selection: Winner(s) will be notified by email approximately five (5) days after the Contest Period and will be offered a prize. Within three (3) business days following such notification, winner(s) must accept the offered prize by either email or telephone as directed by Sponsor. Any winner notification not responded to or returned as undeliverable may (at Sponsor’s sole discretion) result in prize forfeiture, in which event an alternate winner shall be selected from among the remaining eligible Entries. Unless otherwise directed by Sponsor, winner(s) shall be required to sign and return an affidavit of eligibility, a release of liability, and a publicity release (collectively, the “Prize Claim Documents”). If a winner is under 18 years of age, the applicable prize may (at Sponsor’s sole discretion) be awarded to such winner’s parent or legal guardian and such parent or legal guardian shall ratify and sign the Prize Claim Documents in the winner’s place. If a winner (or parent or legal guardian, if applicable) does not return completed Prize Claim Documents within five (5) days of receipt thereof (or a shorter time, if reasonably required by exigencies at Sponsor’s sole discretion), such winner may be disqualified and an alternate winner may be selected from the remaining eligible Entrants. No substitution or transfer of a prize is permitted except by Sponsor. Federal, state and local taxes, if any, are the responsibility of each winner (or each winner’s parent or legal guardian, if applicable). Prizes will only be awarded and/or delivered to addresses within the United States.

Prizes: The value of each prize indicated below is an approximate retail value (“ARV”). • Twenty (20) Grand Prize winners will each receive one (1) Super Smosh Bros. t-shirt (ARV $25.00).

TOTAL ARV OF ALL GRAND PRIZES: $500.00

Only one (1) prize per person and per household will be awarded. Prizes cannot be transferred, redeemed for cash or substituted by winner(s). Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if a prize described in these Official Rules is unavailable or cannot be awarded, in whole or in part, for any reason. The ARV of each prize represents Sponsor’s final, binding, good faith determination and cannot be appealed by winner(s); in no event will Sponsor award the difference (if any) between a prize’s stated ARV and actual value. Sponsor makes no representation or warranty concerning the appearance, safety or performance of any prize awarded. Restrictions, conditions, and limitations may apply. Sponsor will not replace any lost or stolen prize items.

General Conditions: Entrant expressly understands and agrees that any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any prize awarded shall be resolved: (a) individually, without resort to any form of class action; and (b) in a federal or state court located in the County of New York in the State of New York, which shall have sole and exclusive personal jurisdiction over Entrant in any matter pertaining to the Contest. Any and all claims, judgments, and awards to Entrant arising from the Contest shall in no event include attorneys’ fees and shall be limited to actual out-of-pocket costs incurred by Entrant, including costs associated with entering this Contest. Under no circumstances will Entrant be permitted to obtain awards for, and entrant 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 otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

Prize will only be awarded and/or delivered to addresses within the United States. All federal, state and/or local taxes, fees, and surcharges are the sole responsibility of the prize winner. Failure to comply with the Official Rules will result in forfeiture of the prize. If prize is forfeited, an additional drawing at random from eligible Entries may be made to determine a winner.

Except where prohibited by law, submission to Sponsor of the Prize Claim Documents shall indicate that each winner (and the parent or legal guardian of such winner(s), if applicable) grants permission (and will confirm such grant in writing) for the Promotion Entities, their advertising and promotional agencies, and those acting under their authority to use the name(s), photograph(s), voice(s) and/or likeness(es) of such winner(s) for advertising and/or publicity purposes in all media now known or hereafter discovered, worldwide and on the Internet, without notice, review, approval, or additional compensation.

In the event that any provision of these Official Rules is determined to be invalid, illegal, or otherwise unenforceable, all other provisions will remain in full force and effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

Release of Liability: By submission to Sponsor of the Prize Claim Documents, each winner understands, acknowledges, and agrees that the Promotion Entities will have no liability whatsoever for, and shall be held harmless by such winner (and such winner’s parent or legal guardian, if applicable) against any and all liability for injuries, losses, or damages of any kind to property or persons (including death) resulting in whole or in part, directly or indirectly, from: (a) participation in this Contest; (b) acceptance, possession, misuse or use of any prize from this Contest; or (c) traveling to, preparing for, or participating in any Contest-related activity. The Promotion Entities expressly disclaim any responsibility or liability for injury or loss to any person or property in connection with the prizes awarded.

Conduct: Sponsor reserves the right at its sole discretion to disqualify any individual it finds: (a) to be tampering with the entry process or the operations of the Contest or the Contest Site; (b) to be acting in violation of the Official Rules; or (c) to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY DELIBERATE ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES (INCLUDING, BUT NOT LIMITED TO, MONEY DAMAGES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

Limitation of Liability: Sponsor is not responsible for any incorrect or inaccurate information, whether caused by Contest Site users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error, which may occur in the processing of submissions in the Contest. Sponsor assumes no responsibility for any misdirected or lost mail, or any error, omission, interruption, deletion, defect, delay of operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Entrant’s or any other person’s computer related to or resulting from participating 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 Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, then Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Contest. In such event, Sponsor may, in its sole discretion, perform the random drawing from among all eligible Entries received prior to or after such cancellation, suspension, or modification.

Winner’s List: To obtain a copy of any legally required winners list or a copy of these Official Rules, send the applicable request and a self-addressed, stamped, #10 envelope to The Smosh Finding Carter Contest c/o Defy Media, LLC at 498 Seventh Avenue, 19th Floor, New York, NY 10018. Such request must be received no later than July 1, 2015 for the name of the winner and, by the end of the promotion, for a copy of the rules. Vermont residents may omit return postage for Official Rules requests.

Sponsor: The Contest is sponsored by Defy Media, LLC, 498 Seventh Avenue, 19th Floor, New York, NY 10018.

Promotional support provided courtesy of Viacom International Inc. on behalf of MTV.

MTV and all related titles, logos and icons of identifying products and/or services are proprietary marks of Viacom International Inc. All rights reserved

© 2015 Defy Media, LLC All rights reserved.