Contest Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS PROMOTION. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
By participating in any contests, competitions, prize draws, promotions, giveaways promoted on and run through our website, email campaigns, and social media channels contest on any of mmhmm inc.’s websites or social media pages (a "Contest"), each Entrant unconditionally accepts and agrees to comply with and abide by these Rules and the decisions of mmhmm inc. (“Sponsor”), which shall be final and binding in all respects. To enter a Contest, you must enter as directed on our website, email campaign, or social media channels. Promotions on social media are in no way sponsored, endorsed, or administered by, or associated with, Facebook, Twitter, Instagram, LinkedIn, or any other social network.
1. ELIGIBILITY: The Contest is only open to individuals age 18 or older at time of entry (individually, an “Entrant”, and collectively, the “Entrants”). Employees of Sponsor and its parent companies, affiliates, subsidiaries, and related companies, agencies, and the judging panel and immediate families (defined as parents, children, siblings and spouse and their respective spouses, regardless of where they reside) and those living in the same household, whether or not related, are not eligible to enter, win or vote. This Contest is void and no Entrants shall be accepted where participation is prohibited or restricted by applicable law.
2. CONTEST PERIOD: A Contest shall open for entries at the time and on the date specified on Sponsor’s website, email campaign, and/or social media channels, and similarly, shall close to entries at the time and on the date specified on the website, email campaign, and social media channels. Unless otherwise stated, these times and dates are set to those for Pacific Time. Any entries received before the opening or after the closing of the Contest will be invalid and will not be entered into the Contest.
3. HOW TO ENTER: The Contest must be entered by submitting an Entry as directed on the website, email campaign, or social media channels during the Contest Period. The entry must fulfill all Contest requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Sponsor. By entering, Entrants represent and warrant (i) that they own the content or materials in Entry submissions, and (ii) the Entry submission does not violate the rights of any third parties. Sponsor reserves the right in its sole and absolute discretion to disqualify any entry.
4. JUDGING: The judges for the Contest shall be designated by Sponsor and the following factors will be used to evaluate each Entry: the subject matter of the Entry, the emotional reaction elicited by the Entry, and the production value of the Entry. Each judge will award a score of 1 to 10 to each Entry, and the highest scoring entry will be awarded the prize stated on the website, email campaign, or social media channels. Judging will occur throughout the Contest Period. Entrants are subject to verification that they are qualified participants as defined by these Rules.
5. PRIZES: The winner(s) of the Contest (the “Winner”) will receive the prize stated on the website, email campaign, or social media channels. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by Sponsor. No cash or other prize substitution shall be permitted except at Sponsor’s discretion. The prize is non-transferable. Taxes on prizes, if any, are solely the responsibility of the winner. We recommend that you consult with your tax advisor if you have further questions. Sponsor reserves the right to substitute a prize of equal or greater value in its sole discretion unless such substitution is prohibited by law. Sponsor may disqualify a winner and select an alternate winner if any prize is returned undeliverable. Sponsor need not substitute a prize based on the winner’s request.
6. WINNER SELECTION: Winners will be selected based on the judging criteria described above from valid Entries received during the Contest Period. Sponsor’s decisions will be final and binding. Each winning Entrant will be notified on Instagram, YouTube, LinkedIn, Facebook, or Twitter via Direct Message or public post. The potential winning Entrant must respond to Sponsor’s prize notification message within 48 hours from that date and time of the Sponsor’s prize notification message. If the potential winning Entrant does not respond to Sponsor’s prize notification message within the specified time or the prize notification message is returned as undeliverable, a new winner will be chosen based on the previously assigned scores. Alternate winners will be contacted via Direct Message and must respond to the Sponsor’s prize notification message within 24 hours from that date and time of the Sponsor’s prize notification message.
7. REQUIRED DOCUMENTATION: The potential winning entrant may be required to complete a Contest Prize Validation Agreement and Release (“Affidavit”) in accordance with the Sponsor’s requirements. Any Entrant who fails or refuses to sign and return the required documentation within the time period as specified by Sponsor will be disqualified. Non-compliance with these Rules or failure to return all required documentation by the stated deadline or Sponsor’s inability to contact an Entrant (using the means specified by Sponsor) within a reasonable time period, as determined in Sponsor’s sole discretion may result in disqualification and the forfeiture of any prizes.
8. GRANT OF RIGHTS: Except where prohibited, participation in the Contest constitutes Entrant’s consent to Sponsor’s and its agents’ right to use, publish and reproduce Entrant’s video and their name, city, state/province and country of residence, voice, photograph, likeness and image, and any other information submitted to Sponsor in connection with the Contest, for the purposes of publicity, promotion and advertising, in any media and any distribution medium, including at Sponsor’s web site and in blog posts and social media channels, and incorporate the same in derivative works constituting marketing materials (collectively, “Publicity Materials”) for the purpose of marketing and selling the mmhmm service. To the broadest possible extent, Entrant waives any right entrant may have to inspect or approve the Publicity Materials, or the advertising or other copy that may be used in connection therewith or the use to which the Publicity Materials may be applied. Entrant grants to Sponsor all right, title and interest in any finished photographs, pictures, negatives, video, audio, recordings, reproductions, and copies of the Publicity Materials (excluding any ownership of the Entrant’s video), without any obligation for an accounting, payment, or compensation.
9. ENTRY REQUIREMENTS: Each Entry submitted (i) may not be inappropriate, offensive, libelous or defamatory, pornographic, sexually explicit, contain nudity, unlawful or plagiarized, (ii) must not be harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way, (iii) may not violate or encourage others to violate any law, statute, ordinance or regulation, (iv) may not defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or property rights or any other third party right (and Entrant hereby warrants and represents to Sponsor that Entrant shall have obtained all licenses, waivers and releases from any third party required to create, publish and distribute their video, and grant to Sponsor the rights granted herein), (v) may not contain commercial or corporate advertising, including display of corporate logos, brand names and slogans, other than those relating to Sponsor, (vi) may not include references to alcoholic beverages, tobacco, drug paraphernalia, firearms or any depiction or representation thereof and (vii) may not include any virus, worm, corrupt file, Trojan horse or other forms of corruptive code or content that may harm or compromise Sponsor’s website or the proper conduct of the Contest. Sponsor reserves the right to verify the accuracy or truthfulness of any information contained within a submitted Entry. Sponsor has the right in its sole discretion to determine if any Entry is not appropriate for publication on the Site or for any other public release and if Entry is in compliance with these Rules. Sponsor reserves the right to disqualify an Entry for any reason. Sponsor’s decisions are final and binding with respect to all matters relating to this Contest.
10. LIMITATIONS ON LIABILITY: Sponsor and its respective affiliates, subsidiaries, parent corporations, advertising and promotional agencies, and all of their officers, directors, shareholders, employees, and agents are not responsible for: any incorrect or inaccurate Entry information; human errors; technical malfunctions; failures, omissions, interruptions, deletions, or defects of any network, computer online system, computer equipment, servers, providers, or software, including any injury or damage to Entrant’s or any other person’s computer relating to participation or inability to participate in the Contest; inability to obtain a Twitter or Instagram account or share a video, or upload information or data; theft, tampering, destruction, or unauthorized access to, or alteration of, Entries; Entries that are processed late or incorrectly or is incomplete or lost due to computer, or electronic malfunction or traffic congestion on the Internet or any website or for any other reason whatsoever; printing or other errors; or any combination thereof. Proof of uploading a video or data or submitting information as required herein is not considered proof of actual performance or receipt. False, fraudulent, or deceptive Entries or acts shall render Entrants ineligible and all associated Entries will be void.
11. INDEMNITY: Entrant shall indemnify and defend Sponsor its parent companies, each of Sponsor’s advertising agencies, and the officers, directors, employees, and agents of all of the foregoing and the successors and assigns of each of them, from and against actions, claims, damages, liabilities, costs and expenses incurred by Sponsor, including reasonable counsel fees, arising from or related to (i) Entrant’s use of any prize, (ii) Sponsor’s use of any of the video submitted by Entrant in connection with this Contest, and any Publicity Materials containing the video, or (iii) any intentional misconduct or negligence by Entrant in connection with this Contest.
12. RELEASES: As a condition of participating in the Contest, Entrants release Sponsor, Instagram, YouTube, LinkedIn, Facebook, Twitter and their respective parents, subsidiaries, agencies, divisions and affiliates from liability, for loss, harm, damage, injury, cost or expense whatsoever including property damage, personal injury and death that may occur in connection with, preparation for, travel to, or participation in the Contest, or possession, acceptance or use of prize or participation in any Contest-related activities and claims based on publicity rights, copyright or trademark infringement, defamation or invasion of privacy and merchandise delivery.
13. REGISTRATION INFORMATION; PRIVACY AND PUBLICITY: Each Entrant agrees that personal data provided to Sponsor for the Contest, including name, mailing address, phone number, email address, video content (including images of individuals) may be processed, stored, and otherwise used for the purposes and within the context of the Contest. This data will be maintained in accordance with the Sponsor’s Privacy Policy. This data will also be transferred into the United States (for Entrants outside the United States). By participating in the Contest, Entrants expressly agree to the transmission, processing, and storage of their personal data in the United States for the purposes of running and promoting the Contest and the communications with, and delivery of prizes to, winners. Each Entrant hereby acknowledges the collection, distribution and retention of personal data described herein and, accordingly, each Entrant, by submitting an Entry, consents to such collection, retention and use of their personal data. Each Entrant has the right to access, review, rectify or cancel any personal data held by Sponsor in connection with the Contest by writing to Sponsor at the address specified below. If an Entrant does not provide the data required, that Entrant will be ineligible.
For residents of the European Union: Pursuant to EU law pertaining to data collection and processing, you are informed that:
a. The data controller is Sponsor and the data recipients are, initially, Sponsor and its partners, contractors, and agents;
b. Your personal data will be transferred to the U.S.;
c. Your data is collected for purposes of administration of the Contest;
d. You have a right of access to and withdrawal of your personal data. You also have a right of opposition to the data collection, under certain circumstances. To exercise such right, you may write to: Sponsor at the address specified below.
14. GENERAL CONDITIONS: Potential winning Entrants are subject to Sponsor’s verification. Sponsor’s decisions are final and binding in all matters related to the Contest. Potential winners must comply with the Rules, and receipt of prizes is contingent upon fulfilling all requirements. Sponsor is not responsible for technical, hardware or software failures, malfunctions, lost or unavailable network connections or failed, incomplete, garbled, or delayed computer transmissions or unforeseen schedule changes that may limit an Entrant’s ability to participate in the Contest, even if caused by Sponsor’s negligence. Sponsor has the sole discretion to modify, cancel or suspend this Contest should viruses, bugs, unauthorized human intervention, or other causes beyond Sponsor’s control affect the administration, security, or proper operation of the Contest, or Sponsor otherwise becomes incapable of running the Contest as planned. Sponsor is not responsible for changes to Entrant’s contact information. Sponsor has the sole discretion to disqualify Entrants who violate these Rules, tamper with the operation of the Contest or engage in any conduct that is detrimental or unfair to Sponsor, the Contest or any other Entrant.
15. WINNER LIST: To obtain a winner list by mail, send an email to social@mmhmm.app. Sponsor will send requested winner lists within 4-6 weeks after all prizes are awarded. Requests for the winner list must be received within 30 days following the Contest Period.
16. GOVERNING LAW; FORUM AND RECOURSE TO JUDICIAL PROCEDURES: These Rules shall be governed by, subject to and construed in accordance with the laws of the State of California, United States of America, excluding all conflict of law rules. If any provision in these Rules is held to be invalid or unenforceable, such provision shall be modified to the extent legally permissible to most closely implement the intention of such provision and all other provisions hereof will remain in full force and effect. Sponsor reserves the right to modify these Rules at any time prior to completion of the Competition to address any legal or other requirement that may arise in connection with the Competition. Each Contestant who registers for the Competition will receive email notification of any such change in the Rules. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Competition are hereby excluded, and all Contestants expressly waive any and all such rights.
17. ARBITRATION: By entering the Competition, each Contestant agrees that exclusive jurisdiction for any dispute, claim or demand related in any way to the Competition will be decided by binding arbitration. All disputes between you and Sponsor, of whatsoever kind or nature arising out of these Rules, shall be submitted to Judicial Arbitration and Mediation Services, Inc. ("JAMS") for binding arbitration under its rules then in effect in the San Francisco, California, USA area, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.
18. SPONSOR: mmhmm inc., a Delaware corporation. The Contest is in no way sponsored, endorsed, or administered by, or associated with, Instagram, YouTube, LinkedIn, Facebook, or Twitter
Please note that “Twitter” is a trademark of Twitter, Inc., and “Instagram” is a trademark of Instagram, Inc., “Facebook” is a trademark of Facebook Inc, “LinkedIn” is a trademark of LinkedIn Corporation, and “YouTube” is a trademark of Google LLC. respectively, and or its or their respective affiliates.