#ArtBrain Sweepstakes Official Rules | outbrain.com


#ArtBrain Sweepstakes Official Rules

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  1. SPONSOR:  Outbrain, 39 west 13th street, New York, 10011.


  1. SWEEPSTAKES ADMINISTRATOR: Ventura Associates International LLC, 60 East 42nd Street, Suite 650, New York, NY  10165, an independent judging organization whose decisions are final and binding with respect to the Sweepstakes (“Administrator”).


  1. ENTRY PERIOD: Sweepstakes will begin at 8:00 AM Eastern Standard Time on May 19, 2014 and will end at 11:59 PM ET on May 25, 2014 (“Entry Period”).
  2. ELIGIBILITY: Sweepstakes is open to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older at time of Entry. Employee of the Sponsor. its parent,  affiliate,  subsidiary  company  or  its  advertising  or promotion  agency involved in this Sweepstakes (collectively, “Entities”), or a member of the household or  immediate  family  of  such  employee are not eligible to enter or win.


  1. HOW TO ENTER: 1) Visit the Outbrain Booth in New York City at the Metropolitan Pavilion during Internet Week (“Booth”). 2) Create Artbrain by following the instructions Sponsor will post at the Booth (“Content”). 3) Upon completion, share your Content via Twitter using your Smartphone during the Entry Period by: (a) sign into your Twitter account (“Account”) or, if you are not already a member, becoming a member of Twitter.com and sign into your account; (b)“following” @outbrain on Twitter (http://Twitter.com/outbrain or http://Twitter.com/Outbrain); (c) share your Content using your Twitter account, (d) include in your tweet the hashtags #Artbrain and #SweepsEntry (“Term”) in your tweet message (collectively, “Entry”). If your Twitter account is set to “protected mode”, your updates/responses will not be visible to Sponsor and, therefore, will not be received by Sponsor, resulting in your failure to enter the Sweepstakes. Normal Internet access and usage charges imposed by your online service will apply. It is your sole responsibility to notify the Sponsor in writing if you change your Account. The Sponsor’s computer will be the time keeping device for the purposes of this Sweepstakes. Any Entry that fails to meet Sponsor’s specifications may be disqualified. All Entries must be received during the Entry Period. An Entrant may submit more than one (1) Entry during the Entry Period. Entries received after the Entry Period will be disqualified. Proof of submitting an Entry does not constitute proof of receipt or Entry into the Sweepstakes.


  1. SIX (6) PRIZES/APPROXIMATE RETAIL VALUES (“ARV”): A Google Chromecast (ARV: $50.00 each) (“Prize”).  If the actual value of the prize is less than the stated ARV, the difference will not be awarded. Any depiction of prize is for illustrative purposes only.  Total ARV of all prizes: $300.00. Prizes are not redeemable for cash or transferable. No substitution allowed except, at Sponsor’s sole discretion, a prize of equal or greater value may be substituted.  Sponsor will not replace any lost, mutilated or stolen Prizes.


  1. RANDOM DRAWING: Six (6) Winners will be selected on or about May 23, 2014 in a random drawing from all eligible Entries received by Administrator to receive one (1) Prize. Odds of winning depend on the total number of eligible Entries received.


  1. WINNER NOTIFICATION: Potential winners will be notified on Twitter by Direct Message to the potential winner’s Account on or about May 27, 2014. Sponsor is not responsible for changes to the Twitter Direct Message function that may interfere with winner notification. To claim a Prize, you will be required to provide your email address and your physical mailing address. At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate winner may result from any of the following: [1] potential winner’s failure to respond to notification within twenty four (24) hours after its transmission; [2] the failure of notification due to deactivation of the potential winner’s Account prior to receipt of notification; [3] potential winner’s failure to become a follower of @Outbrain resulting in the potential winner’s failure to receive a Direct Message from Sponsor; [4] potential winner’s Account “protected mode” is set so that the potential winner’s updates/responses may not be visible to Sponsor; [5] potential winner’s failure to include #Artbrain” and “#SweepsEntry” in the tweet message; [6] potential winner’s failure to provide Sponsor with satisfactory proof of age, identity and residency; [7] potential winner’s failure to validly claim the prize by June 15, 2014, [8] potential winner’s failure to provide required additional information upon Administrator’s request for eligibility or prize fulfillment purposes, and [9] any other non-compliance with the Official Rules


  1. PRIVACY POLICY/DATA COLLECTION: All personal information provided by  you  for  this  Sweepstakes  is  subject  to  Sponsor’s  privacy  policy  located  at http://www.outbrain.com/legal/privacy-713/ (“Privacy Policy”).


  1. RELEASE,     WARRANTY,     LIMITATION     OF     LIABILITY     AND INDEMNIFICATION/CONDITIONS: Entrant expressly understands and agrees that: [1] s/he hereby releases and holds harmless Sponsor, its parents, divisions and subsidiaries, and their respective agents, affiliates, employees, officers, directors, shareholders,   representatives   and   independent   contractors   (the   “Released Parties”)  from  any  and  all  liability  for  claims,  demands,  losses  and  liabilities, including, without limitation, for death and bodily injury,  resulting, in whole or in part, directly or indirectly, from Entrant’s participation in the Sweepstakes and/or the use or acceptance  of  any  prize  won;  [2]  s/he agrees to indemnify and hold harmless the Released Parties from and against any and all claims, liabilities (including, but not limited to, attorneys’ and experts’ fees, costs and disbursements), demands and actions of every kind and nature, whether or not now known or suspected (collectively, “Claims”), arising out of or in connection with (i) Entrant’s participation in the Sweepstakes; (ii) any Entry submitted by Entrant (including, but not limited to, any and all claims of third parties, whether or not groundless, based on the Entry of such material); (iii) the use by Released Parties of any of the rights granted by Entrant in connection with the Sweepstakes; and (iv) any breach by Entrant of any warranty, agreement or  representation  contained  in  these  Official Rules or  in  any  documentation submitted by Entrant.


  1. General: By entering this Sweepstakes, Entrants agree to by bound by these Official Rules and the decisions of Sponsor and Administrator on all matters relating to the Sweepstakes, which are final and binding. Each Winner is solely responsible for all local, state and federal taxes on the Prize including sales or use taxes, as well as any expenses related to participation in the Sweepstakes or acceptance of his/her Prize. By participating, each Entrant agrees to, release and hold the Sweepstakes Entities and their respective divisions, affiliates, subsidiaries, officers, directors, employees, agents, and representatives (collectively “Releasees”) harmless from any injury, loss, or damage to person, including death, personal injury or loss or damage to property due in-whole or in-part, directly or indirectly to the acceptance or use/misuse of each Prize, participation in any promotion-related activity, or participation in the Sweepstakes. Entrants also accept and agree to be bound by the Official Rules and decisions of the Sponsor and Administrator, which are final and binding. This Sweepstakes is subject to all federal, state and local laws and is void where prohibited. By accepting the Prize, each Winner agrees, where imposing such condition is legal, that Sponsor and their designees shall have the right, but not the obligation, to use of his/her name, city and state of residence and/or likeness, Entry, and or Content for advertising and publicity purposes in any and all media now or hereafter known throughout the world in perpetuity without further compensation, permission or notification and, upon request, will confirm consent to such use in writing. Sponsor and Administrator are not responsible for any typographical or other error in the offer or administration of this Sweepstakes, or in the announcement of Winners and Prizes. In the event Sponsor is prevented from continuing with this Sweepstakes, or the integrity and/or feasibility of the Sweepstakes as planned is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, or local government law, order, or regulation, order of any court or jurisdiction (each a “Force Majeure” event or occurrence), Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel, or terminate the Sweepstakes and award the Prizes from among all eligible Entries received up to that date. All disputes, claims and causes of action at law or in equity (individually, “Claim”) arising out of or relating to this Sweepstakes, the meaning or interpretation of the rules or the Prizes awarded shall be resolved by applying the laws of New York, without regard to conflict of laws provisions therein, and shall be solely and exclusively brought in the state or federal courts within that state. All Claims shall be resolved individually, without resort to any form of class action and all Claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event include attorneys’ fees, and under no circumstances will any entrant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, special, consequential damages and any other damages, other than for actual out-of-pocket expenses and waives all rights to have damages multiplied or otherwise increased.


  1. INTERNET: Sponsor is not responsible for any electronic transmission  errors resulting  in  any  omission,  interruption,  deletion,  defect,  delay  in operations  or  transmissions,  theft  or  destruction  or  unauthorized access to or alterations of any materials submitted, or for any technical, network, telephone equipment,  electronic, computer, hardware or software malfunction or  limitations  of any kind, or any inaccurate transmissions of or failure to receive entry information on account of technical problems or traffic congestion on the Internet. If for any reason the Internet portion of the Contest is not capable of running  as  planned,  including  infection  by  computer  virus,  bugs, tampering,  unauthorized  intervention,  fraud,  technical  failures,  an insufficient  number of Submissions,  or  any  other  causes  beyond Sponsor’s control which corrupt or affect the administration, security, fairness,   integrity,  or  proper  conduct  of  this  Sweepstakes,  Sponsor reserves  the right in its sole and unfettered discretion to cancel, terminate,  modify,  extend  and/or  suspend  the  Sweepstakes  and/or  to award  any  prizes  based  on  alternate  means  including,  without limitation, based on Entries received prior to termination. SPONSOR RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISQUALIFY YOU IF YOU TAMPER OR ARE SUSPECTED OF TAMPERING    WITH    THE    SUBMISSION    AND/OR    JUDGING PROCESS.  ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE  ANY WEBSITE OR KIOSK OWNED OR OPERATED   BY SPONSOR, INCLUDING,   BUT   NOT   LIMITED   TO,   THE   KIOSK  OR MARVEL.COM,  OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH  AN  ATTEMPT  BE  MADE,  SPONSOR  RESERVES  THE RIGHT TO SEEK DAMAGES AND/OR OTHER RELIEF FROM YOU TO THE FULLEST EXTENT OF THE LAW. IF SPONSOR IN ITS SOLE DISCRETION BELIEVES THAT ANY SUCH CONDUCT HAS OCCURRED, THEN SPONSOR MAY TAKE SUCH REMEDIAL MEASURES AS SPONSOR DEEMS APPROPRIATE IN KEEPING WITH THE FAIRNESS AND INTEGRITY OF THE CONTEST.


  1. WINNER’S LIST: For a list of winners, send a separate, stamped, self-addressed envelope to: Artbrain Sweepstakes Winner’s List Requests, c/o Ventura Associates, Dept. VP, 60 East 42nd Street, Suite 650, NYC, NY 10165, designating either winner’s list or Rules. Requests must be received no later than May 31, 2014.




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