I. Contest and Sponsor
Participation in the Tinderdictorian 2019 Contest (the “Contest”) constitutes Participant’s full and unconditional agreement to these Official Rules. Participant is free to disclaim any prize and status as Participant (as defined below) and as a result will not be eligible to receive any prize. The Contest is sponsored and administered by Match Group, LLC, located at 8750 N. Central Expressway, Dallas, TX 75231, USA (“Sponsor”). All decisions related to, as well as all interpretation of, these Official Rules by Sponsor shall be final and binding. This Contest is no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Instagram, or any other social media website or medium not mentioned herein (the “Social Media Sites”). By participating in this Contest, each Participant releases the Social Media Sites and each of their respective parent companies, subsidiaries, affiliates, partners, employees, directors, agents, and advertising agencies from and against any and all claims, injuries, losses or damages based on, related to, or arising from the Contest.
The Contest is open to legal residents of the 50 United States (including the District of Columbia) and Puerto Rico who are at least 18 years of age at the time of entry. Employees, agents, officers, and directors of Sponsor or its direct or indirect parent companies, affiliates, subsidiaries, advertising agencies, public relations agencies or prize suppliers, including, without limitation, vendors providing services in connection with the Contest (all of the foregoing, collectively with Sponsor, the “Contest Entities”) and each such individual’s immediate family (including, without limitation, any spouse or domestic partner, parents, siblings, children, and all of their respective spouses or domestic partners, whether related by blood, adoption, marriage, civil partnership or cohabitation) and household members of each such individual are not eligible. Eligibility is contingent upon agreement to, and compliance with, these Official Rules and fulfilling all requirements in these Official Rules. Participation in the Contest in any way, including submission of any entry or the partial completion of any act of entry or any other steps taken to participate in the Contest in any manner, constitutes full and unconditional agreement with all provisions of these Official Rules. The Contest Period starts at 9:00 AM (PT) on May 15, 2019 and ends at 11:30 PM (PT) on May 17, 2019 (the “Contest Period”). Only entries submitted and received during the Contest Period will be accepted. Sponsor’s computer will be the official timekeeper of this Contest. The Contest is subject to all applicable federal, state, and local laws.
III. How to Enter
NO PURCHASE NECESSARY. PURCHASES DO NOT INCREASE CHANCES OF WINNING. Any eligible participant entering this Contest through this method shall be a “Participant.”
Entry Method: During the Contest Period, you will automatically become a Participant and receive one entry when you follow @Tinder on Twitter and tweet your best high school senior prank (photos optional) using #prankforgold and tagging @Tinder and three (3) friends (who are 18 years of age or older as of date of entry) (an “Entry”).
Entries must be entirely original and created by the Participant. Participants may submit only one Entry. Entries must not have been submitted previously in a promotion of any kind or exhibited or displayed publically through any means. Entries must not violate any applicable laws or third party rights, such as intellectual property rights or rights of publicity, and must not depict the name, logo or brand of any other company or contain any lewd, defamatory, obscene, or offensive or illegal conduct. Entries must not communicate a message inconsistent with the positive image and goodwill of Sponsor. Any Entry that is not compliant with these Official Rules will be deemed ineligible.
By posting to the Social Media Sites as part of, or related to, this Contest, Participant agrees to abide by the terms and conditions of the social media platform and will not violate any policies, rules, terms, or other conditions of the third-party site.
By uploading, submitting, or posting any Entry related to this Contest, Participant grants Sponsor a perpetual, irrevocable, non-exclusive, royalty-free license (with the right to sublicense and freely assign) to use, download, copy, modify, publish, transmit, display, and distribute the Entry in any and all media or distribution methods (now known or later developed), including on any social media sites, whether modified or unmodified, in whole or in part and individually or as part of a compilation, for any and all purposes, with the license extending to all copyright rights, moral rights and all publicity rights in every jurisdiction worldwide, without further compensation, notification or permission. Further, by submitting an Entry that contains an image, you represent and warrant to Sponsor that you have obtained all releases and consents necessary to grant Sponsor the aforementioned rights to use, download, copy, modify, publish, transmit, display and distribute the Entry, including any image contained therein. By entering, you hereby waive any moral rights you may have in your Entry in favor of Sponsor and the Contest Entities.
IV. Conditions of Entry
By entering this Contest, all Participants agree to be bound by these Official Rules and the decisions of the Sponsor and its authorized representatives, which are final and binding in all matters concerning this Contest. Entries not legitimately obtained in accordance with these Official Rules are void. Only qualified entries received during the Contest Period will be eligible for participation. All entries become the property of Sponsor and will not be acknowledged or returned.
All requested information must be provided to Sponsor in order to redeem the Prizes (as defined below). Unintelligible entries; entries with incomplete, invalid, incorrect, or noncurrent information; entries that are counterfeit, damaged, or tampered with in any way; and entries with printing, production, or typographical errors will be disqualified. Disqualified entries and entries that are late, lost, damaged, misdirected, stolen, or not delivered are not the responsibility of the Sponsor, regardless of cause. Sponsor is not responsible if a potential winner does not receive any of the Prizes because erroneous, expired, canceled, fraudulent, or fake information was provided during the Contest. Proof of sent entry and/or entry receipt (such as a copy of a “thank you” screen or message) sent by Sponsor does not constitute proof of actual receipt of entry for purposes of this Contest.
Participation must be by the Participant. Participation by any other individual or any entity, and/or originating at any other website or email address, including, but not limited to, commercial promotion, subscription notification, and/or entering service sites, will be declared invalid and disqualified for this Contest. Any attempt by any Participant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations, and logins; entries through a sweepstakes club or similar entity; or any other unauthorized methods will void Participant’s entries and Participant will be disqualified. Submitting mass entries or entries generated by an automated program, script, macro, or use of any other devices is prohibited and will result in disqualification.
In the event of a dispute as to the identity of Participant, the authorized account holder of the email address connected to the social media account used to enter will be deemed to be the Participant. Potential winners may be required to show proof of being the authorized account holder. The “authorized account holder” is the natural person assigned to an email address by an Internet service provider, online service provider, or other organization (business, educational institution, etc.) responsible for assigning email addresses for the domain associated with the email address. If the identity of the individual who actually participated in the Contest cannot be resolved to Sponsor’s satisfaction, the affected individual’s entry will be deemed ineligible.
Sponsor reserves the right in its sole discretion to disqualify any individual found to be in violation of these Official Rules. Sponsor further reserves the right to disqualify any individual found, in Sponsor’s sole discretion, to be tampering with the entry process or the operation of the Contest (including, but not limited to, tampering with applicable websites), or acting in a non-sportsmanlike or disruptive manner. Any attempt to undermine the operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.
V. Prizes and Approximate Retail Values (“ARVs”)
Grand Prize: There will be one (1) winner of the grand prize, which consists of ten thousand dollars (US$10,000.00) paid by check and a free, three (3) month subscription to Tinder Gold (ARV $89.97) (the “Grand Prize”).
Runner-Up Prizes: There will be three (3) winners of the runner-up prize, which consists of a free, three (3) month subscription to Tinder Gold (ARV $89.97) (the “Runner-Up Prizes” and together with the Grand Prize, the “Prizes”).
If any winner is disqualified or not eligible, then Sponsor may select a new winner from the pool of eligible Participants. Winners may be required to sign an Affidavit of Eligibility, Liability, and, where legal, Publicity Release (“Release”) along with a properly completed U.S. Department of the Treasury Internal Revenue Service Form W-9, within the required time period communicated to the winners to be eligible to participate in or receive any portion of the Prizes awarded. Winners may also be issued a U.S. Department of the Treasury Internal Revenue Service Form 1099 and related tax forms for the actual value of the Prizes provided by Sponsor.
Only the Prizes set forth in these Official Rules will be awarded. If, through printing or production error, or for any other reason whatsoever, more prizes are claimed than intended and/or set forth in these Official Rules, Sponsor reserves the right to award only the stated number of prizes from all legitimate, unawarded, eligible prize claims.
VI. Judging Criteria
Starting upon the completion of the Contest Period and concluding within a reasonably prompt time after the termination of the Contest Period, winners will be chosen by Sponsor based on the applicability of the Entry to the following criteria: originality (25%), comedic value (25%), difficulty (25%) and relevance to senior year and high school graduation theme (25%). In the event of any tie, the winning Entry will be selected based on marketability of the Entry. The selection of the Grand Prize winner and Runner-Up Prize winners are within the sole discretion of the Sponsor.
VII. Winner Determination, Notification, and Eligibility Verification
All potential winners are subject to eligibility verification by Sponsor, whose decisions are final and binding. A PARTICIPANT IS NOT A WINNER OF ANY PRIZE, EVEN IF NOTIFIED OF BEING A WINNER, UNLESS AND UNTIL THE PARTICIPANT'S ELIGIBILITY HAS BEEN VERIFIED.
To be verified as eligible to receive any of the Prizes, each potential winner must continue to comply with all terms and conditions, fulfill all requirements of these Official Rules, sign and complete the Release and any required tax forms issued by the U.S. Department of the Treasury Internal Revenue Service and not be disqualified for any reason. Each potential winner will be notified by direct message via Twitter or by email on or about May 21, 2019 (subject to Sponsor’s discretion) after being selected as a potential winner and must provide Sponsor with requested information as necessary to award a prize. If a potential winner cannot be contacted using the information provided or fails to respond to Sponsor’s attempt to notify them of selection within twelve (12) hours; if any notification is returned as undeliverable or yields an error or undeliverable type “bounce back” email (regardless if the message is ultimately delivered to the recipient); if the potential winner fails to sign and return the Release (if applicable) or any other required documentation or fails to comply with these Official Rules; if any of the Prizes are returned as undeliverable; if a potential winner is unable or unwilling to accept any of the Prizes as stated; or if the potential winner cannot be verified as eligible for any other reason, the potential winner will be disqualified and an alternate may be chosen.
In the event that a potential winner is disqualified for any reason, the foregoing process will be repeated until each of the Prizes is awarded or until three (3) attempts have been made to award each of the Prizes and each attempt has failed. Sponsor will identify each potential winner and verify the potential winner’s eligibility concurrently throughout, and after the end of, the Contest Period as applicable. If unable to verify eligibility, Sponsor will select any alternate potential winner within a reasonable time.
In any case, the winners will be determined, and the Prizes will be awarded, within a reasonable time after the end of the Contest Period except as agreed between Sponsor and the winners. The winners’ names may be obtained by printing the requestor’s name, address, city, state, and zip on a 3” x 5” postcard and mailing it to Sponsor at 8750 N. Central Expressway, Dallas, TX 75231, USA, Attn: “Tinderdictorian 2019 Contest Winner’s List.” Limit one request per person, per household.
VIII. Odds Statement
Odds of winning depend on number of eligible entries received.
IX. Indemnification and Limitations of Liability
By entering this Contest or participating in the Prizes, each Participant agrees to release, discharge, indemnify, and hold harmless Sponsor, the Contest Entities, the Social Media Sites, and each of their respective parent and affiliate companies, subsidiaries, sales representatives, distributors, partners, dealers, wholesalers, retailers, vendors, suppliers, promotional agencies, contractors, advertising, and fulfillment, including each company’s respective officers, directors, employees, and agents and their immediate families (spouse or domestic partner, parents, siblings, children, and all of their respective spouses or domestic partners) and household members of each such individual, and any and all other companies and individuals associated with this Contest (collectively, the “Released Parties”) from and against any claim or cause of action related to this Contest. Possible claims or causes of action include, but are not limited to, infringement of any right of publicity or intellectual property; threatened or actual injury, loss, or damage to any person, including death and disability; defamation or portrayal in a false light (intentional and unintentional); and damage to or loss of property, arising out of such Participant’s participation in the Contest or Participant’s receipt or use or misuse of any of the Prizes. IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THIS CONTEST. (Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties. Check your local laws for any restrictions or limitations regarding these limitations or exclusions.)
Participants waive any right to claim ambiguity in these Official Rules. The Released Parties are not responsible for: (1) technical failures of any kind; (2) incorrect or inaccurate information, whether caused by Participants, any internet or email service provider, any promotional or advertising agency, printing or computing errors, or by any of the equipment or programming associated with or utilized in the Contest; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error that may occur in the administration of the Contest, the processing of entries, or redeeming any prize; (5) any injury or damage to persons or property that may be caused, directly or indirectly, in whole or in part, from Participant’s participation in the Contest; (6) the receipt, use, or misuse of any of the Prizes; and (7) any other errors in any materials, information, or announcements associated with the Contest. If for any reason a Participant's Entry is confirmed to have been erroneously voided or corrupted by Sponsor, Participant’s sole remedy is another entry in the Contest, subject to availability and provided that Contest has not then expired.
EACH PARTICIPANT AND WINNER WAIVES CALIFORNIA CIVIL CODE § 1542 (AND ALL SIMILAR LAWS OF ANY STATE OR TERRITORY OF THE UNITED STATES), WHICH READS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” EACH PARTICIPANT AND WINNER REPRESENTS AND WARRANTS FULL UNDERSTANDING OF, AND ACKNOWLEDGES THE SIGNIFICANCE AND CONSEQUENCE OF, WAIVER OF CALIFORNIA CIVIL CODE § 1542 (AND ALL SIMILAR LAWS OF ANY STATE OR TERRITORY OF THE UNITED STATES).
Except where prohibited, participation in the Contest and/or receipt or use of any of the Prizes constitutes any Participant’s consent to Sponsor’s use of his or her name, likeness, photograph, voice, opinions, statements, biographical information, hometown and state, Entry (including all components thereof) for promotional or advertising purposes in any media, worldwide, now known or hereafter developed, in perpetuity, without further review, notification, approval, payment, or consideration (unless prohibited by law).
XI. Enforceability of Official Rules
The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor reserves the right to correct clerical or typographical errors in promotional materials or these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Sponsor reserves the right to cancel, suspend, and/or modify the Contest, or any part of it, if any fraud, technical failure, tampering, computer virus, or other factor, technical or otherwise, beyond Sponsor’s reasonable control, impairs Sponsor’s ability to properly conduct the Contest, as determined by Sponsor in its sole discretion and subject to any law or regulation. In such event, Sponsor reserves the right, but not the obligation to award the Prizes from the Entries submitted before the cancellation, suspension, or modification of the Contest.
Except where prohibited, Participant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court located in Dallas County, Texas, USA; and (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the Participant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Texas, USA without giving effect to any choice of law or conflict of law rules (no matter what jurisdiction), that would cause the application of the laws of any jurisdiction other than as stated.
Sponsor is not responsible if any communication, electronic or otherwise, is intercepted, misdirected, or not received for any reason. Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, or defect; miscommunications or failed, jumbled, or scrambled computer, telephone, or cable transmissions; delay in operations or transmission; theft, destruction, unauthorized access to, or alterations of Contest materials; technical, network, telephone, electronic, computer, hardware, or software malfunctions or limitations of any kind; lost, interrupted, inaccessible, or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; inaccurate transmissions or failures to receive information on account of technical problems or traffic congestion on the Internet or at any website; or any combination thereof. Sponsor assumes no responsibility for any damage to a Participant’s or any other individual’s computer or wireless phone which occurs by accessing any Contest-related websites or otherwise participating or redeeming the Prizes related to this Contest.
Sponsor: Match Group, LLC, 8750 N. Central Expressway, Dallas, TX 75231, USA. For a full list of details and official rules, see https://tinderclassof2019.splashthat.com/.