LAST UPDATED: 14 AUGUST 2019
Jukin Media, Inc. (“Sponsor”) is the sponsor of the FailArmy Contest (“Contest”) and is the producer of “FailArmy” (“FailArmy” or “FA”), a television and digital programming brand featuring user-generated content (“UGC”). Sponsor is seeking submissions by members of the public of their pre-existing UGC showing funny and/or unique non-staged events for possible inclusion in Sponsor’s programming. Any submissions may be used, licensed, and/or distributed in Sponsor’s sole discretion for any and all uses.
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND NOT LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.
The FailArmy Contest (the “Contest”) is open to legal residents of the United States and the District of Columbia, 13 years of age or older, who are located in the United States or the District of Columbia, all at the time of entry. Employees, contractors, directors and officers of Sponsor and its parent, affiliates, subsidiaries, and advertising and promotion agencies and all other service agencies involved with the Contest (the “Promotional Parties”), and members of the immediate family (spouse, parent, child, sibling and their respective spouse) and household of each such employee are not eligible to participate. The Contest is subject to all applicable federal, state, and local laws and regulations and is void where restricted or prohibited by law. Winning a prize is contingent upon fulfilling all requirements set forth herein. The individual submitting the entry will be considered the Entrant and will be the only individual eligible to compete for the prize. For any entrant who is under the age of majority in his or her jurisdiction of residence, that entrant’s parent or legal guardian must execute all documents on minor entrant’s behalf to be eligible. An ineligible entry may still be featured or otherwise displayed, but such submissions are disqualified from the Contest or Contest Prize. Entries may be deemed ineligible at any phase of the Contest without notification.
The Contest occurs four (4) times each year, and begins at 12:00:00 am Pacific Time (“PT”) on the following dates: (1) March 1, (2) June 1, (3) September 1, and (4) December 1, and runs for a three month period each, ending at 11:59:59 pm PT on the following dates: (1) May 31, (2) August 31, and (3) November 30, and (4) February 28, respectively (the “Promotion Period”). Sponsor’s computer is the official timekeeping device for this Contest. All Videos must be received by Sponsor on or before the applicable deadline date to be eligible for inclusion in that Contest period. Deadline dates are subject to change at Sponsor’s sole discretion.
During the Promotion Period, visit https://www.failarmy.com/ (“Website”) and complete the entry form in full, include a link to your video submission (“Video”), and submit the entry form. Entrant’s Video must fulfill all of the instructions and criteria set forth herein to earn one (1) Entry into the Contest. Entrants who do not follow all of the instructions or abide by these Official Rules or other instructions of Sponsor may be disqualified from prize consideration. Sponsor is not responsible for incorrect or inaccurate entry information whether caused by Internet 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 the entries. Sponsor reserves the right, in its sole discretion to cancel or suspend this Contest should fraud, virus, bugs or other causes beyond the control of Sponsor corrupt the administration, security or proper play of the Contest. By participating, entrants agree to be bound by these Official Rules and by the decisions of the Sponsor and judges, which shall be final and binding in all respects. Entrants may be required to complete, sign and return a video license, Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity/Appearance Release, within 7 days of receiving such request from Sponsor. Failure to do so may result in ineligibility to receive a prize. Entrants may not enter with multiple names, addresses or identities nor may entrants use any other device or artifice to enter multiple times or as multiple entrants. Any entrant who attempts to enter with multiple names under multiple identities or email addresses will be disqualified from prize consideration and forfeits any and all prizes won, in Sponsor’s discretion. Should multiple users of the same email address to enter the Contest and a dispute thereafter arises regarding the identity of the entrant, the authorized account holder of said account at the time of entry will be considered the entrant. “Authorized account holder” of the email address is defined as the natural person who is assigned the email address by the internet service provider, or other organization which is responsible for assigning such accounts. Automated entries are prohibited, and any use of automated devices will cause disqualification from prize consideration. Sponsor reserves the right at its sole discretion, to disqualify from prize consideration any individual (and all of his or her entries) who tampers with the entry process. As used herein, “Content” refers to all content you submit in connection with the Contest (e.g., the Video, content contained in the Video, description, text, tag names, hash tags submitted with the Video or contained in the any description accompanying the Video at the Video URL provided by entrant, the Video title, Video comments, Video story notes, etc.). Sponsor reserves the right to disqualify entrant and his/her entry from prize consideration if the Content does not adhere to the submission requirements, as determined in Sponsor’s sole discretion.
BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER CONTENT MAY BE POSTED ON SPONSOR’S WEBSITES AND OTHER INTERNET CHANNELS, USED IN SPONSOR’S PROGRAMMING, LICENSED/ASSIGNED TO OTHERS, OR USED AS OTHERWISE PROVIDED BY SPONSOR, IN SPONSOR’S SOLE DISCRETION, REGARDLESS OF ENTRANT’S ELIGIBILITY FOR THE CONTEST OR THE CONTEST PRIZE. ENTRANT AGREES THAT, IN THE EVENT OF AN INELIGIBLE ENTRY, THE OPPORTUNITY FOR THE VIDEO TO RECEIVE PUBLICITY IS THE SOLE AND SUFFICIENT CONSIDERATION DUE TO ENTRANT AND THAT THE EXCLUSIVE LICENSE GRANTED BY ENTRANT HEREIN SHALL BE AND REMAIN VALID AND IRREVOCABLE.
By submitting Content, you hereby warrant and represent that the Content conforms to the additional submission requirements set forth herein:
• Content must comply with these Official Rules;
• Content cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, group, profane or pornographic, contain nudity or any materially dangerous activity;
• Cannot demonstrate cruelty towards animals;
• Content cannot depict, and cannot itself, be in violation of any law.
CONTENT IS NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right to waive the Contest submission requirements set forth herein in its sole discretion. Sponsor reserves the right, in its sole discretion, during or upon completion of the Promotion Period, to request that any entrant resubmit his or her Content that fails to comply with the Contest submission requirements prior to any judging or voting period. By submitting an entry, you agree that your submission is gratuitous and made without restriction, will not place Sponsor under any obligation, and that Sponsor is free to disclose or otherwise disclose the ideas contained in the Content on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you. Sponsor reserves the right to, and may or may not, monitor/screen entries prior to using them in accordance with its rights. By entering, you acknowledge that Sponsor has no obligation to use or post any entry you submit.
All submissions become the sole property of Sponsor. By submitting any entry, Entrant grants Sponsor the exclusive, unlimited right to use, refrain from using, change, alter, edit, modify, add to, subtract from and rearrange the Content and to exhibit, distribute, broadcast, reproduce, license others to reproduce and distribute, advertise, promote, publish and otherwise exploit the Content by any and all methods or means, whether now known or hereafter devised, in any manner and in any and all media throughout the world, in perpetuity, for any purpose whatsoever as Sponsor in its sole discretion may determine (the “Licensed Rights”), including for the purpose of marketing, advertising, and promotion. In addition, by submitting any entry, Entrant grants Sponsor the exclusive right and permission to record, copy, reproduce, adapt, modify, summarize, copyright, photograph, film, license, vend, rent, distribute, televise, publish, exhibit, disseminate, display, perform and otherwise exploit in any and all markets and media (collectively, “use”) Entrant’s appearance, name, likeness, voice, documents, biographical data, performance in, and other media artifacts provided to Sponsor by Entrant or concerning Entrant (collectively the “Materials”) in and in connection with the Content, in any manner and in any and all media throughout the world, in perpetuity, for any purpose whatsoever as Sponsor and/or is assignees in its sole discretion may determine, including for the purpose of marketing, advertising, and promotion. Entrant furthermore does hereby irrevocably appoint Sponsor as its attorney-in-fact to take any such action as may from time to time be necessary to effect, transfer, or assign the rights granted to Sponsor herein, including without limitation copyright-related actions, and assigns to Sponsor the right to prosecute any and all claims from the past, present, and future use of the Content by unauthorized third parties. Sponsor may assign the Content and any and all rights associated therewith in its sole discretion.
Entrant represents and warrants the following with respect to his/her Content:
(a) Owner of Rights: Entrant has the sole, exclusive and unencumbered ownership of all rights of every kind and character throughout the universe in and to the Licensed Rights and has clear title to the material upon which the Content is based. Entrant has the absolute right to grant to Sponsor, all rights, licenses and privileges granted to or vested in Sponsor in these Official Rules. Entrant has not authorized and will not authorize any other party to exercise any right or take any action that impairs the rights herein granted to Sponsor.
(b) Rights Are Clear: Entrant has obtained all clearances and paid all monies necessary for Sponsor to exercise its exclusive rights hereunder and there will not be any other rights to be cleared or any payments required to be made by Sponsor as a result of any use of the Content pursuant to the rights and licenses herein granted (including without limitation, payments in connection with contingent participations, residuals, clearance rights, moral rights, union fees, and music rights). Entrant has not previously entered into any other agreement in connection with the Content. All of the individuals and entities connected with the production of the Content, and all of the individuals and entities whose names, voices, photographs, likenesses, appearance, works, services and other materials appear or have been used in the Content, have authorized and approved entrant’s use thereof, and Sponsor shall have the right to use all names, voices, photographs, likenesses, appearance and performances contained in the Content in connection with the exploitation, promotion, and use of the Licensed Rights. It is expressly understood that Sponsor has not assumed any obligations under any contracts entered into by entrant. Entrant agrees to complete all additional forms required by Sponsor and must be able to grant to Sponsor all rights set forth in such forms, including without limitation, the consent forms and/or other releases as required by Sponsor (collectively, the “Releases”). For the sake of clarity, Sponsor’s requirement related to completion of Releases is not intended to, and does not, alter that exclusive ownership of the Content that is granted to Sponsor upon the Entrant’s agreement to the Sponsor’s online Terms of Service.
(c) No Infringement: No part of the Content, any materials contained therein, or the exercise by Sponsor of the Licensed Rights violates or will violate, or infringes or will infringe, any trademark, trade name, contract, agreement, copyright (whether common law or statutory), patent, literary, artistic, music, dramatic, personal, private, civil, property, privacy or publicity right or “moral rights of authors” or any other right of any person or entity, and shall not give rise to a claim of slander or libel. There are no existing, anticipated, or threatened claims or litigation that would adversely affect or impair any of the Licensed Rights. Entrant hereby agrees to indemnify, release and hold harmless Sponsor, its successors, licensees, sub- distributors and assigns, and the directors, officers, employees, representatives and agents of each of the foregoing, from any and all claims, demands, causes of action, damages, judgments, liabilities, losses, costs, expenses, and attorney’s fees arising out of or resulting from (i) any breach by entrant of any warranty, representation or any other provision of these Official Rules, including, without limitation, the representations and warranties made with respect to the Content, and/or (ii) any claims of or respecting slander, libel, defamation, invasion of privacy or right of publicity, false light, infringement of copyright or trademark, or violations of any other rights arising out of or relating to any use by Sponsor of the rights granted under this these Official Rules. Entrant acknowledges that Sponsor is relying on the representations made by entrant in accordance with these Official Rules and a breach by entrant would cause Sponsor irrevocable injury and damage that cannot be adequately compensated by damages in an action at law and entrant therefore expressly agrees that, without limiting Sponsor’s remedies, Sponsor shall be entitled to injunctive and other equitable relief.
In addition to earning an entry into the Contest for Content that fully complies with the terms set forth herein, in full and complete consideration to entrant for all of the Licensed Rights granted to Sponsor hereunder, Sponsor shall consider the Content for inclusion in Sponsor compilations and other uses and productions.
At the end of the Promotion Period, each potentially eligible Video submitted during the Entry Period will be judged by a qualified panel of judges based equally on the following criteria: 1) uniqueness, 2) emotional reaction felt by the viewer, and 3) appropriateness for Sponsor’s channels of distribution. The entrant receiving the highest score from the judges will be the winner for the Entry Period in which he or she submitted their entry, all subject to verification. In the event of a tie, a tie breaker will be based upon the highest score in the first judging criteria, continuing thereafter to each judging criteria in the order set forth above, as needed, to break the tie. Judges’ decisions are final in all matters relating to this Contest.
Notification: Potential winner will be notified by email or telephone on or about thirty (30) days after the end of the contest period. Potential winners are subject to verification, including verification of age. If a potential winner is found not to be eligible or not in compliance with these Official Rules, or if prize notification or any prize is returned as undeliverable, the potential winner will be disqualified from prize consideration. In the event that a potential winner is disqualified from prize consideration for any reason, Sponsor reserves the right to award the prize to an alternate entrant who will also be selected based upon the judging criteria set forth above, even if the disqualified potential winner’s name may have been publicly announced. Prizes won by an eligible entrant who is a minor in his/her state of residence will be awarded to minor’s parent or legal guardian who must sign and return all required documents. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants.
As a condition of entering, the entrants (or entrant’s parent/legal guardian if entrant is a minor in his/her state of residence) agree (and agree to confirm in writing) on behalf of him/her and his/her heirs and executors or his/her minor child to release and hold harmless the Promotional Parties and each of their respective employees, directors, officers, agents, and shareholders (collectively, the “Released Parties”) from any and all liability, loss, injury (including personal injury or death) or damage of any kind, arising from or in connection with participation in the Contest, or incurred with respect to the awarding, receipt, acceptance, possession, and/or use or misuse of any prize or any item redeemed therewith.
By accepting a prize, the winner (or winner’s parent/legal guardian, if winner is a minor in his/her state of residence) grants (and agrees to confirm such grant in writing) to Sponsor the right to use and publish the winner’s name, address (city and state of residence), Content, and/or likeness for advertising and promotional purposes in commerce and in any and all media now known or hereafter devised, worldwide in perpetuity, without limitation or notice, and without additional compensation, notification or permission, unless prohibited by law.
Subject to the terms herein, a cash prize of $1,000 awarded in the form of a check or Paypal payment made payable to the winner, will be awarded to the winning entrant up to ninety (90) days after the close of the Contest period, provided that the entrant(s) certify and establish to Sponsor’s satisfaction that they are the owner(s) of the Video and further provided that entrant(s) have complied with these Official Rules and have signed all necessary Releases and any other forms as determined by Sponsor.
If any prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. Prizes are non-transferable and no substitution of prize is offered, except at the sole discretion of the Sponsor. Prize winners will be solely responsible for all federal, state and/or local taxes associated with the prizes they receive, regardless of whether the prize, in whole or in part, is used. All prize details are at Sponsor’s sole discretion. Please allow 6-8 weeks for prize delivery following winner confirmation.
Prizes won by an eligible entrant who is a minor in his/her state of residence will be awarded to minor’s parent or legal guardian who must sign and return all required documents. The winners shall be required to provide Sponsor with a valid social security number or tax identification number before the prize will be awarded for tax reporting purposes, and may be required to sign an IRS W-9 form. Winners will be issued an IRS 1099 tax form.
Sponsor is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions or network connections that are human or technical in nature. Entry material that has been tampered with or altered is void. If for any reason, (including but not limited to tampering, unauthorized intervention, fraud, or any other cause), the administration, security, fairness, integrity, or proper conduct of the Contest is affected or corrupted or the Contest is not capable of being conducted as described in these Official Rules for any other reason, as determined by Sponsor in its sole discretion, Sponsor shall have the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest, and in such case, to select the potential winners in a manner deemed fair and equitable by the Sponsor.
Any controversy or claim arising out of or relating to this Contest shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.
THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE CONTEST, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
The Official Rules and this Contest are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in the “Binding Arbitration” Section of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in Los Angeles, California.
Jukin Media, Inc., 5764 W. Jefferson Blvd., Los Angeles, CA 90016, U.S.A.