I'm a Fan Sweepstakes Rules
mmhmm
MMHMM I’M A FAN SWEEPSTAKES RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
By participating in the mmhmm I’m a Fan Sweepstakes (the "Sweepstakes"), 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. Sponsor is responsible for the administration of the Sweepstakes. Entrants should look solely to Sponsor with any questions, comments, or problems related to the Sweepstakes.
1. ELIGIBILITY
The Sweepstakes is only open to individuals age 18 or older at time of entry who are members of the mmhmm Community (individually, an “Entrant”, and collectively, the “Entrants”). Any person may become a member of the mmhmm Community by registering at the mmhmm Community page (https://community.mmhmm.app/home). There is no cost to become a mmhmm Community member. Employees of Sponsor and its related companies, agencies, and immediate families (defined as parents, children, siblings, spouse, life partner, or similar statutorily-recognized domestic partner, 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. This Sweepstakes is void and no Entrants shall be eligible where participation is prohibited or restricted by applicable law.
2. TIMING
The Sweepstakes shall be conducted by Sponsor between 12:00 am EDT on May 1, 2024 through 12:00 am PDT on May 30, 2024 (the “Sweepstakes Period”).
3. HOW TO ENTER
Entrant must submit a post in the mmhmm Community Café Channel using words, images, music, and/or video proclaiming whatever the Entrant is a fan of at any time during the Sweepstakes Period in order to enter (an “Entry”). The Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with any social media platforms including, without limitation, LinkedIn or Instagram and Sponsor is not affiliated in any manner with those entities.
Individuals may also submit a valid Entry to the Sweepstakes by sending an email to social@mmhmm.app with the words “I’m a Fan Sweepstakes” in the subject line during the Sweepstakes Period and including their name, email address, and physical address where a prize may be delivered.
4. WINNER SELECTION
Sponsor will use a random name selector, populated with the names of all Entrants who submit an Entry during the Sweepstakes Period, to select one winner of the Sweepstakes. Sponsor’s decisions will be final and binding. The winning Entrant will be notified via email at the address associated with their mmhmm Community membership.
5. PRIZE
Sponsor will award one prize connected to that of which the winner is a fan, which prize shall be selected in Sponsor’s sole discretion and have a value no greater than $150. Sponsor will pay the cost for delivering the prize to the winning Entrant via Sponsor’s preferred delivery method. Taxes on the prize, if any, are solely the responsibility of the winner. We recommend that you consult with your tax advisor if you have further questions. 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. ENTRY REQUIREMENTS
Each Entry (i) may not be inappropriate, offensive, libelous, 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 Entry post, and grant to Sponsor the rights granted herein), and (v) 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 Sweepstakes. Sponsor has the right in its sole discretion to determine if any Entry is not appropriate or ineligible under these Rules 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 the Sweepstakes.
7. GRANT OF RIGHTS
Except where prohibited, participation in the Sweepstakes constitutes Entrant’s consent to Sponsor’s and its agents’ right to use, publish, and reproduce Entrant’s name, city, state/province, and country of residence, and any other information submitted to Sponsor in connection with the Sweepstakes, or subsequent social media or other posts by the winner regarding mmhmm or the Sweepstakes, 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 the nonexclusive, perpetual right and license to publish, copy, modify, distribute, and create derivative works of, any photographs, pictures, video, audio, recordings, reproductions, and copies of the Publicity Materials (excluding any ownership of the Entrant’s copyrighted material), without any obligation for an accounting, payment, or compensation.
8. LIMITATIONS ON LIABILITY
Sponsor is neither a manufacturer nor seller of the prize won in connection with the Sweepstakes and is provided as-is, with all faults, and without any warranty or assurance whatsoever from Sponsor or any other party; each recipient of a prize assumes all risks associated with or arising from the receipt, use, or disposition of the prize. 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 Sweepstakes; inability to upload information, files, or data or send or receive any email; 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. False, fraudulent, or deceptive Entries or acts shall render an Entrant ineligible and all associated Entries will be void.
9. INDEMNITY
Entrant shall defend, indemnify, and hold harmless Sponsor, 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 comment submitted by Entrant in connection with the Sweepstakes, or (iii) any intentional misconduct or negligence by Entrant in connection with the Sweepstakes.
10. RELEASES
As a condition of participating in the Sweepstakes, Entrant releases Sponsor, LinkedIn Corporation, and Instagram and their respective parent, subsidiary, and related companies, the prize suppliers, advertising and promotion agencies, independent contractors and each of them and their respective officers, directors, shareholders, members, agents and employees, and all of their respective successors, heirs, estates, and assignees from liability, for loss, harm, damage, injury, cost or expense whatsoever including property damage, personal injury and death that may occur in connection with, participation in the Sweepstakes, or possession, acceptance or use of the prize or participation in any Sweepstakes-related activities, and claims based on publicity rights, copyright, or trademark infringement, defamation or invasion of privacy and merchandise delivery.
11. REGISTRATION INFORMATION; PRIVACY AND PUBLICITY
Each Entrant agrees that personal data provided to Sponsor for the Sweepstakes, including name, mailing address, phone number, email address, comment content (including images of individuals) may be processed, stored, and otherwise used for the purposes and within the context of the Sweepstakes and the creation and publication of the Publicity Materials. 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 Sweepstakes, each Entrant expressly agrees to the transmission, processing, and storage of their personal data in the United States, and consents to such collection, retention, and use, for the purposes of running and promoting the Sweepstakes and the communications with, and delivery of the prize to, the winner. Each Entrant has the right to access, review, rectify, or cancel any personal data held by Sponsor in connection with the Sweepstakes 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 Sweepstakes;
D. You have a right of access to and withdrawal of your personal data. You may also have a right of opposition to the data collection, and/or a right to lodge a complaint with the data protection authority in your country of residence, under certain circumstances. To exercise such right, you may write to Sponsor by email at privacy@mmhmm.app.
12. GENERAL CONDITIONS
Potential winning Entrants are subject to Sponsor’s verification. Sponsor’s decisions are final and binding in all matters related to the Sweepstakes. Potential winners must comply with the Rules, and receipt of a prize is contingent upon fulfilling all requirements. Sponsor has the sole discretion to modify, cancel, or suspend the Sweepstakes should viruses, bugs, unauthorized human intervention, or other causes beyond Sponsor’s control affect the administration, security, or proper operation of the Sweepstakes, or Sponsor otherwise becomes incapable of running the Sweepstakes as planned. Sponsor is not responsible for changes to Entrant’s contact information or any failure of delivery of a prize. Sponsor has the sole discretion to disqualify Entrants who violate these Rules, tamper with the operation of the Sweepstakes or engage in any conduct that is detrimental or unfair to Sponsor, the Sweepstakes or any other Entrant.
13. WINNER LIST
To obtain a winner list by mail, send a stamped, self-addressed envelope to mmhmm I’m a Fan Sweepstakes, PO Box 34407, PMB 85948, Little Rock, Arkansas 72203-4407 USA. Sponsor will send requested winner lists within 4-6 weeks after all prizes are awarded. Requests for the winner list must be received by August 31, 2024.
14. 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 Delaware, 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 Sweepstakes to address any legal or other requirement that may arise in connection with the Sweepstakes. Sponsor will announce any such modification of the Rules in its newsletter and/or in a social media post. 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 the Sweepstakes are hereby excluded, and all Sweepstakes Entrants expressly waive any and all such rights.
15. ARBITRATION
By entering the Sweepstakes, each Sweepstakes Entrant agrees that exclusive jurisdiction for any dispute, claim or demand related in any way to the Sweepstakes 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 Wilmington, Delaware, USA area, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.
16. SPONSOR
mmhmm inc., PO Box 34407, PMB 85948, Little Rock, Arkansas 72203-4407 USA. The Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with LinkedIn or Instagram.
Please note that trademarks of LinkedIn and Instagram are trademarks of those companies and or their respective affiliates.