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Page 1: MTVN BALA-#1173282-v3-Contest Rules - Drunk History ...files.cc.com/rules/v3-Contest_Rules_Drunk_History... · 2 you are giving Sponsor the right to post your Entry, including your
Page 2: MTVN BALA-#1173282-v3-Contest Rules - Drunk History ...files.cc.com/rules/v3-Contest_Rules_Drunk_History... · 2 you are giving Sponsor the right to post your Entry, including your

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Official Rules “Drunk History” Diorama Design Contest

Sponsored by Comedy Central

1. NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID IN ALASKA AND HAWAII AND WHERE PROHIBITED OR RESTRICTED BY LAW.

2. CONTEST OVERVIEW: During the Entry Period, Entrants (as defined below) may enter the Contest (as defined below) by creating an original diorama (i.e. a three-dimensional scenic representation) depicting a scene from an episode of “Drunk History” (the “Diorama”). Entrants shall submit a photograph of their Diorama for a chance to win admission to an exclusive “Drunk History” fan event in New York, NY and an opportunity to meet Derek Waters, as further described in Paragraph 8 below. Eligible Entries (defined hereinafter) will be judged by Sponsor in accordance with Section 7 to determine one (1) winner (the “Winner”), as further described below.

3. ELIGIBILITY: Comedy Central’s “Drunk History” Diorama Design Contest ( the "Contest”) is open only to permanent, legal residents of the forty-eight (48) contiguous United States (“U.S.”) and the District of Columbia (void in Hawaii, Alaska, Puerto Rico, and all U.S. territories and possessions and all overseas military installations) who are at least eighteen (18) years of age as of December 12, 2018, with access to the Internet at all times during the Contest Period (as defined below). All employees of Comedy Partners d/b/a Comedy Central (“Sponsor” or “Comedy Central”), and all associated agencies and each of their respective parent corporations, subsidiaries, affiliates, sales representatives, distributors, licensees, prize providers or agents, and all of their respective officers, directors and employees (all of the foregoing, together with Sponsor collectively, “Contest Entities”), and their immediate family members (spouse, parent, child, sibling and their respective spouses) and those living in the same household of each (whether legally related or not), are ineligible to enter or win the Contest. All applicable federal, state and local laws and regulations apply. Entry in the Contest constitutes your full and unconditional acceptance of these Official Rules.

4. CONTEST PERIOD: The Contest begins at 2:00 p.m. Pacific Time (“PT”) on December 11, 2018 and ends at 11:59 p.m. PT on January 4, 2019 (the "Contest Period"). Sponsor’s computer shall be the official timekeeper for all matters related to this Contest.

5. CONTEST ENTRY INSTRUCTIONS: During the Contest Period, enter by following the directions set forth below:

Step 1 (Design Your Diorama): Using completely original designs, images, figures and/or content, to which you own all the rights, to create the Diorama. The diorama should creatively depict a scene from a past “Drunk History” episode and should be created solely by the Entrant. Step 2 (Photograph your Diorama): Digitally photograph the Diorama, so that Sponsor may accurately and clearly view the scene depiction, artistry, and overall design (the “Photo(s)” and together with the Diorama, each an “Entry” and collectively, the “Entries”). ENTRIES MUST BE AN IMAGE FILE (JPG, GIF, PNG, etc.). ENTRIES SUBMITTED IN OTHER FILE TYPES WILL BE DISQUALIFIED. Resolution must be at least 500 pixels in width, and Entry should not exceed 1.75MB in size, however, Entrants are encouraged to maintain a high-resolution copy of their Entry. Step 3 (Submit Your Entry): Submit your Entry by sending an email to [email protected] with the following: (i) Entrants first and last name; (ii) Entrants e-mail address and phone number; (iii) the Photo(s); (iv) an explanation of the scene that is depicted in the Diorama; and (v) Entrant may, but is not required to, provide their social media handle (the “Email Entry”). Each individual who submits an Entry as per the instructions set forth above, shall be considered an “Entrant.” Entrants may submit multiple Entries during the Contest Period; however, each individual Diorama may only be submitted once. An Entry may be submitted by a team of no more than two (2) individuals (a “Team”). If an Entry is submitted by a Team, the two individuals will collectively be referred to as an “Entrant.” In such a case, both parties must be aware that they are entering the Contest and both must be listed on the Email Entry. In case of a dispute over the identity of an Entrant, the authorized account holder(s) of the email address(es) submitted at the time of Entry will be deemed to be the Entrant. “Authorized account holder” is defined as the person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Entries must be received before 11:59 p.m. PT on January 4, 2019 to be eligible for the Contest. By entering this Contest: (a)

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you are giving Sponsor the right to post your Entry, including your name and Photo(s), on Comedy Central’s linear channel, the Website, Comedy Central’s website, other Comedy Central owned or controlled digital and social platforms, and/or other public websites (collectively, “Contest Websites”); and (b) you are assigning all ownership rights and usage rights to your Entry to Comedy Central. All Entries must meet all requirements set forth in these Official Rules. By submitting an Entry, Entrant warrants and represents that he/she consents to the submission and use of the Entry and to its posting on the Website and/or any other platform as determined by Sponsor and/or its agent(s). Except where prohibited by law, submission of an Entry grants the Contest Entities the right in perpetuity to reproduce, publish, display, use, edit, adjust, modify, abridge, condense, and excerpt from such Entry in any way, in any and all media, and to sublicense such rights, without limitation and without attribution, notification, or compensation to Entrant.

6. ENTRY REQUIREMENTS AND RESTRICTIONS: No third party material is permitted in your Diorama, unless such

material is in the public domain. If Sponsor becomes aware or is notified that any element of your Diorama infringes upon the rights of a third party and/or receives a legally valid request (in Sponsor’s sole discretion) to remove or invalidate the affected Diorama because of infringement, the applicable Entry may be disqualified, in Sponsor’s sole discretion. Any Diorama that has received an award from another competition or contest or that has been optioned or purchased by a third party is not eligible as an Entry for this Contest.

The Entry submitted must: § be the work solely of, and totally original to, the Entrant; § be in a digital graphic file (JPG, GIF, PNG, etc.); and § be suitable for general audiences (may not be lewd, offensive, obscene, indecent or objectionable, including but not

limited to nudity, pornography, violent, illegal or profane depictions) in Sponsor’s sole discretion.

The Entry content submitted must not: § be in bad taste or controversial in the way it portrays any group or individuals (including actors in “Drunk

History”); § be derogatory of any ethnic, racial, gender, religious, professional or age group; § include images of any object, location or building with brand names or logos; § mention any third party company names; § depict or encourage a violation of any law or regulation or in any way violate any law or regulation; and § be previously published or appear anywhere or contain any third party copyrighted material or otherwise

misappropriate or infringe upon the intellectual property rights of a third party.

In Sponsor’s sole discretion, any Diorama which does not meet all of these requirements will be disqualified.

7. SELECTION OF WINNER: Entries will be reviewed on a rolling basis during the Contest Period by a panel of qualified judges (the “Judges”), who, on or about January 9, 2019, will select one (1) winner (the “Winner”) [or in the event a Team Entry is selected as the Winner, the two individuals will collectively be considered as the “Winner”], based on the following judging criteria (“Judging Criteria”): originality (50%) and creativity (50%). In the event of a tie, the Judges will break the tie by selecting the tied Entrant who received the highest points for creativity. In the event a tie remains, the tied Entries will be judged by an additional tie-breaking judge, using the Judging Criteria, to determine which of the tied Entrants will be the Winner. The potential Winner shall be required to sign and return to Sponsor a notarized Affidavit of Eligibility and Liability/Publicity Release (“Affidavit/Release”) within forty-eight (48) hours of being selected as a Winner. At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate Winner may result from any of the following: (a) a potential Winner’s failure to respond to Winner notifications within forty-eight (48) hours of its transmission; (b) the return of Winner notifications as undeliverable after two (2) attempts; (c) Winner’s failure to provide Sponsor with a signed and notarized Affidavit/Release within forty-eight (48) hours of transmission (or in the case of a two-person team, failure by at least one (1) Entrant to return a signed and notarized Affidavit/ Release within forty-eight (48) hours of transmission); and/or (d) any other non-compliance with these Official Rules.

8. PRIZE: Only one (1) Prize (as defined below) will be awarded. In the event the winning Entry was created by one (1) individual, the Prize shall be awarded to the Winner and his/her one (1) guest (the “Guest”). In the event the winning Entry was created by a Team, the Prize shall be shared amongst the two individuals and they will not be entitled to bring a Guest. The Winner will receive a trip for two (2) to New York, NY to attend an exclusive “Drunk History” fan event and the opportunity to meet Derek Waters (subject to talent availability) (the “Event”). The Prize trip includes: (i) roundtrip coach class

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air transportation for the Winner (and Guest, if applicable), which shall originate from a major gateway airport of Sponsor’s choice nearest Winner’s primary residence to New York, NY (or a major gateway airport near New York, NY); (ii) one (1) night’s hotel accommodations in a New York metropolitan area hotel (standard room, room and tax only), as determined by Sponsor in its sole discretion; (iii) two (2) entry tickets to the Event; and (iv) ground transportation in New York (New York Airport – Hotel – Event – Hotel - New York Airport)(Approximate Retail Value (“ARV”) $3,950) (collectively, the “Prize”). The ARV is subject to change based on current market conditions at time of Prize fulfillment and the time of travel and the distance between departure and destination. Any difference between the ARV and the actual value, if any, will not be awarded.

Time and/or date of the Event are subject to change and/or cancellation. If the Event is cancelled or changed to a date such that Winner is no longer able to attend, the remaining elements of the Prize shall be awarded and shall constitute full satisfaction of Sponsor’s Prize obligation to Winner and no additional compensation will be awarded. Winner (and Guest, if applicable) must travel together on the same itinerary, including same departure date and return date, and must have valid travel documents (i.e., valid government issued photo ID and/or passport) prior to departure. Failure to secure the necessary travel documents will result in forfeiture of Prize and time permitting, at Sponsor’s sole discretion, an alternate potential Winner may be selected from the remaining eligible Entries. If Winner’s residence is within two hundred and fifty (250) miles of New York, NY, Sponsor may, in its sole discretion, substitute train or ground transportation for airfare and that shall constitute full satisfaction of Sponsor’s Prize obligation to the Winner and no additional compensation will be awarded. No other travel elements (including, without limitation, baggage fees, ground transportation (except as specifically stated herein), meals, gratuities and souvenirs) are included as part of the Prize. Sponsor will not replace any lost or stolen tickets, vouchers or certificates. An airline ticket will only be issued to Winner (and Guest, if applicable). In the event of an act of God or an unforeseen, uncontrollable event, Sponsor reserves the right to reschedule all travel for a later date. All taxes on a Prize, and other expenses related to accepting and/or using a Prize not listed in these Official Rules, are the responsibility of the Winner. Winner will receive a Form 1099 reflecting the actual retail value of the Prize. Any difference stated between the ARV and the actual retail value of a Prize will not be awarded. The Prize is not transferable, except to a surviving spouse residing in the same household, and may not be redeemed for cash. No substitution is allowed except, at Sponsor’s sole discretion, a prize of equal or greater value may be substituted. In the event of a one-person Entry, and if Winner chooses to take Trip with no Guest, the remaining elements of Prize shall be awarded and shall constitute full satisfaction of Sponsor’s Prize obligation to Winner and no additional compensation will be awarded. Guest shall be required to execute and return a release of liability and, where legal, a publicity release (collectively, “Guest Documents”), which must be returned with the Affidavit/Release or Guest portion of the Prize will be forfeited. Guest must be eighteen (18) years of age or older as of the start of the Contest Period. PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). CONTEST ENTITIES (INCLUDING EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND AFFILIATES) EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY ARISING FROM USE OR REDEMPTION OF A PRIZE, AS FURTHER SET FORTH IN THESE OFFICIAL RULES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES OR INJURIES SUSTAINED BY A WINNER AND/OR GUEST FOR ANY REASON, INCLUDING FROM ANY PART OF TRAVEL TO NEW YORK, ANY PART OF A PRIZE OR ANY OTHER CAUSE(S) BEYOND SPONSOR’S REASONABLE CONTROL.

9. PUBLICITY: As a condition of entry into the Contest, and by submitting your Entry into this Contest, except where prohibited

by law, each Entrant grants to the Contest Entities a perpetual, worldwide, unlimited, irrevocable, royalty-free license and right (but not the obligation) to publicize, broadcast, display and/or otherwise use the Contest Entrant’s name, likeness, city, state, biographical material, and the Entry (collectively, “Licensed Rights”) in any media now known or hereafter devised throughout the universe in perpetuity, including for advertising, promotional and publicity purposes, without additional review, compensation, permission or approval. The Licensed Rights include but are not limited to the foregoing: the right to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Entry and to incorporate the Entry in other works in any and all markets and media worldwide in perpetuity. Entrants warrant that they have the sole and exclusive right to grant such rights to the Contest Entities and that Contest Entities reproduction, publishing, displaying, and/or other use of the Entry will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. Entrants further agrees: (1) that Sponsor may exercise any and all rights hereunder without attribution, notification or compensation to Entrants; (2) that Sponsor shall have the right to freely assign his/her rights hereunder, in whole or in part, to any other person or entity, without notification or approval by Entrant; (3) that Sponsor shall have no obligation, express or implied, to use the Entry in any manner, and Entrants shall not be entitled to any

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damages or other relief by reason of Sponsor’s use or non-use of Entrant’s Entry; (4) that Entrants may be contacted by the Sponsor by e-mail regarding this Contest; and (5) to sign and deliver to the Sponsor such documents as the Sponsor may reasonably require to effectuate the rights granted herein.

10. GENERAL RULES: By entering or participating in the Contest, Entrants agree to be bound by these Official Rules, the terms and conditions of the Contest Entities’ websites, and by the decisions of Sponsor, which are final and binding in all respects. Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Contest. Contest Entities are not responsible for: (a) any incorrect or inaccurate information or technical failures of any kind; (b) unauthorized human intervention in any part of the entry process or the Contest; or (c) any other computer, network, technical, human or other error, problem or malfunction that may occur in connection with the administration of the Contest, the processing of Entries, or the selection or notification of Winner. Further, if, for any reason, the Contest is not capable of running as planned for reasons outside the control of the Sponsor which, in the sole opinion of Sponsor, may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest (or portion thereof), Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest (or portion thereof). In the event of such cancellation, termination, modification or suspension, Sponsor may select the Winner from all eligible, non-suspect Entries received prior to such action. Sponsor also reserves the right at its sole discretion to disqualify the Entry of any individual found to be: (a) tampering or attempting to tamper with the entry process or the operation of the Contest or any website operated by the Contest Entities; (b) using any robotic, macro, automatic, programmed or like entry methods, which will void all such Entries; (c) violating these Official Rules or the terms of service, conditions of use, and/or general rules of any Sponsor property or service; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person.

11. ADDITIONAL TERMS: By accepting the Prize, Winner agrees to release and hold harmless the Contest Entities from and against any and all losses, damages, rights, claims, actions and liabilities of any kind in connection with the Contest or receipt or redemption of a Prize.

Past experience has confirmed that contests and other competitions generate substantially similar submissions or entries which closely resemble concepts and ideas that have been independently developed by Sponsor before or after the Contest. Accordingly, Entrants may subsequently see a Sponsor presentation which seemingly incorporates an idea or concept or includes materials similar to that contained in their Entry. Any similarity is purely coincidental and unavoidable in light of the volume of ideas which Sponsor routinely considers in the course of its program development. Because of this possibility, Entrants hereby agree to submit their Entries under the following terms and conditions: (a) that Sponsor may use any ideas, concepts, material, in whole or in part, contained in an Entry and (b) Entrants indemnify and hold harmless the Contest Entities, from any claims, suits, losses damages and expenses (including reasonable attorneys’ fees) that arise from any breach of the conditions set forth in these Official Rules. All Entrants agree to the foregoing and in addition agree to obtain, upon request of Sponsor, any documentation and releases necessary to prove their unrestricted ownership in all materials contained in their Entry and their right to use such materials without limitation for any purpose.

12. DISPUTES: THIS CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NEW YORK, NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ENTRANTS BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.

13. PERSONAL INFORMATION: The personal information collected through this Contest (if any) is subject to Sponsor’s privacy policy, located at http://www.comedycentral.com/legal/privacy-policy (“Privacy Policy”). By entering this Contest, you agree to the use of your personal information as described in the above Privacy Policy.

14. OFFICIAL RULES/WINNER LIST REQUESTS: To obtain a copy of these Official Rules or for notification of the Winner, send a self-addressed stamped envelope to: Comedy Central’s “Drunk History” Diorama Design Contest, Official Rules/Winner List Request, 345 Hudson St., 9th Floor, New York, NY 10014, Attn: Counsel, Business and Legal Affairs. Requests for Winner’s list must be received no later than three (3) months after the end of the Contest Period.

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15. SPONSOR: Comedy Partners, 345 Hudson Street, New York, NY 10014.