9GAG Fun Off Contest Official Rules

NO PURCHASE OR PAYMENT OF ANY MONEY IS NECESSARY TO ENTER.  A PURCHASE WILL NOT IMPROVE THE CHANCES OF WINNING.  VOID WHERE PROHIBITED BY LAW OR WHERE REGISTRATION OR BONDING REQUIRED. THIS PROMOTION IS SUBJECT TO ALL NATIONAL, FEDERAL, PROVINCIAL, STATE AND LOCAL LAWS.  ONLINE ENTRY ONLY AND INTERNET CONNECTION REQUIRED.

These are the Official Rules (“Official Rules”) that govern your participation in the 9GAG Fun Off Contest promotion.  Participation in the promotion constitutes your full and unconditional agreement to and acceptance of these Official Rules as well as the 9GAG End User License Agreement and EULA of Service posted at https://about.9gag.com/tos/ (“EULA”), which is hereby incorporated into these Official Rules by this reference, so it is important that you read and understand them prior to participating in the promotion. To the extent there is a conflict between these Official Rules and the EULA, these Official Rules will govern.

1. Sponsor.  The sponsor of this promotion is 9GAG Limited, 16/F, King Palace Plaza, 52A Sha Tsui Road, Tsuen Wan, Hong Kong (“Sponsor”).  

2. Administrator. The administrator of this promotion is 9GAG Limited, 16/F, King Palace Plaza, 52A Sha Tsui Road, Tsuen Wan, Hong Kong (“Administrator”). The Administrator of the promotion is responsible for running the promotion at the direction of the Sponsor.  Questions regarding the promotion may be sent to funoff@9gag.com.

3. Eligibility.  In order to be eligible to participate in the promotion, a participant must be a natural person at least the age of majority and legally eligible in their jurisdiction of residence or domicile.  Government employees and employees of Sponsor or Administrator and their parent and affiliate companies, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible.

4. Entry Instructions.  To enter the promotion, go to the submission page at https://funoff.9gag.com/submit, provide all required information, and submit your User Content submission entry (each a “Submission”) as instructed during the submission process during the Promotion Period (as defined below).  In the event of a dispute as to any Submission, the authorized account holder of the email address associated with the Submission will be deemed to be the official entrant (the “Entrant”).  The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder. In the event of an ongoing dispute, Administrator reserves the right in its sole discretion to determine the identity of any Entrant.

All Submissions must meet the following criteria:

  • Submissions must be Posted in strict compliance with the entry instructions in these Official Rules.

  • Submissions (which include all supporting materials) must be original, non-infringing or violative of any third party rights (including, by way of example and not limitation, the rights of privacy and publicity), exclusively created, and owned by Entrant, and Entrant must have all rights necessary to submit the Submission and supporting materials (if any), as further specified in Section 5.5 of the EULA.

  • Submissions may not contain images of any individuals who have not provided their explicit authorization.  By including an image of any individual under the age of majority in their jurisdiction of residence in a Submission, you represent that you have received explicit permission from such minor’s parent or legal guardian to include such minor’s image.

  • Submissions must comply with the EULA.  Submissions may not contain material that is obscene, defamatory, libelous, threatening, pornographic, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, or violate any law.  Submissions must be appropriate for viewing by the general public; appropriateness will be determined by Administrator in its sole and absolute discretion.

Administrator reserves the right to reject any Submission for any or no reason in its sole discretion.

5. Promotion Period.  This promotion begins at 00:00 Hong Kong Time on November 9, 2018 and ends at 23:59 Hong Kong Time on March 31, 2019 (the “Promotion Period”).  Administrator’s computer is the official time-keeping device for the promotion.  All Submissions must be received during the dates and times specified in the Promotion Period.  This is a contest of skill. Odds of winning the promotion depend on the number and quality of eligible Submissions received during the Promotion Period.

6. Prize.  There will be one grand prize winner and a maximum of ten weekly winners per week during the Promotion period. The grand prize winner will receive US$10,000. Each weekly winner will receive recognition and promotion in a prominent manner on the 9GAG website, the manner of such recognition and promotion to be in Administrator’s sole discretion, for 3 months after selection of the winner. No substitution, assignment or transfer of the prize is permitted, except by Administrator, who has the right to substitute a prize with another of comparable or greater value.  Administrator reserves the right not to award the prize if doing so would violate any applicable laws or regulations. The prize will be given solely to the person who submitted the entry form on behalf of each winning Submission.  All national, federal, provincial, state, and local taxes are the sole responsibility of the winners. Administrator reserves the right to withhold payments, to obtain necessary tax information from winners, and to submit tax-related documents as required by law.

7. Judging/Winners Announcement.  Administrator reserves the right to disqualify Submissions for any reason, including any Submissions that it believes may be risky, infringing, or illegal. Administrator’s decisions are final in all matters related to the promotion.  

Administrator or its designees will select the winner of the promotion in its or their sole discretion.

The potential winner will be selected on or about April 30, 2019. Administrator or its agent will attempt to notify the potential winner by email within 7 days of selection and the potential winner will have 7 days from attempted notification to accept the prize.  No information regarding judging will necessarily be disclosed.

8. Conditions of Participation.  By submitting a Submission for this promotion, Entrant agrees to abide by these Official Rules and any decision Administrator makes regarding this promotion, which Administrator shall make in its sole discretion.  Administrator reserves the right to disqualify and prosecute to the fullest extent permitted by law any participant or winner who, in Administrator’s reasonable suspicion, tampers with the Administrator site, the entry process, violates these rules, or acts in an unsportsmanlike or disruptive manner.

9. Intellectual Property.  

By participating in the promotion, in addition to the rights granted in the EULA, each Entrant grants to Sponsor a worldwide, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable (through multiple tiers), transferable license to display, reproduce, perform, distribute, make derivative works of, use, and exhibit the Submission and materials and information submitted on and in connection with the promotion or use or receipt of the prize for any and all purposes in any medium now known or hereafter created.  

For each non-winning Submission, the license granted in this Section 9 will be exclusive from the date of submitting the Submission through the period ending 30 days after the winning Submission is publically announced by Administrator and non-exclusive thereafter.  

For each winning Submission, the license granted in this Section 9 will be exclusive for the duration of the copyright in the Submission.

Notwithstanding anything in this Section 9, Entrant may retain a copy of the Submission on Entrant’s mobile phone, tablet computer, and personal computer (collectively, “Personal Devices”), and any computer backup storage used in conjunction with such Personal Devices, whether on physical media or in the “cloud,” solely for Entrant’s personal, private, and non-commercial use.

Each Entrant hereby warrants that any Submission and other materials and information provided by Entrant are original works of authorship by Entrant and do not violate or infringe upon the copyrights, trademarks, rights of privacy, publicity, moral rights or other intellectual property or other rights of any person or entity, and do not violate any rules or regulations.  If the Submission or information or materials provided by Entrant contain any material or elements that are not owned by Entrant or that are subject to the rights of third parties, Entrant represents he, she or it has obtained, prior to submission of the Submission and information or materials, any and all releases and consents necessary to permit use and exploitation of the Submission and information and materials by Administrator in the manner set forth in the Official Rules without additional compensation.  

Each Entrant warrants that the Submission and materials and information provided do not contain information considered by Entrant or any other third party to be confidential.  Each Entrant agrees that Administrator has the right to verify the ownership and originality of all entries and that, upon Administrator’s request, Entrant must submit a written copy of any release or permission entrant has received from a third party granting Entrant the right to use such property or the content, images and likeness in a Submission.  Failure to provide such proof promptly upon request (and in any event within 72 hours) will result in disqualification from the promotion. Each Entrant understands and acknowledges that in the event a Submission is selected as a winning Submission and Entrant’s ownership, rights and the originality of the Submission cannot be verified to the satisfaction of Administrator or is in any other way ineligible, Administrator may select an alternate winner based on the same judging criteria without liability to the Entrant.  

10. Indemnification. By submitting a Submission in the promotion, you agree to indemnify, defend, and hold harmless Sponsor and Administrator and each of their respective affiliates, designees, parents, subsidiaries, employees, directors, officers, representatives and agents from: (a) any and all claims, demands, causes of action and judgments (including attorney’s fees, court costs and expert’s fees) arising out of or relating to any breach by you of the terms and conditions of these Official Rules, including any representations and warranties; (b) any other losses, damages, rights, claims and actions of any kind in connection with or resulting from your participation in the Contest or acceptance of any prize, including, without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy; and (c) use by Sponsor or Administrator of your Submission as set forth in these Official Rules.

11. Disclaimer, Release and Limit of Liability.  ADMINISTRATOR AND SPONSOR MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRIZE OR YOUR PARTICIPATION IN THE PROMOTION.  BY ENTERING THE PROMOTION OR RECEIPT OF ANY PRIZE, EACH ENTRANT AGREES TO RELEASE AND HOLD HARMLESS ADMINISTRATOR AND SPONSOR, AND THEIR SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/PROMOTION AGENCIES, AND PRIZE SUPPLIERS, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, ARISING OUT OF PARTICIPATION IN THE PROMOTION OR RECEIPT OR USE OR MISUSE OF ANY PRIZE.  THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR:  (a) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY ENTRANTS, PRINTING ERRORS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE PROMOTION; (b) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES OR NETWORK HARDWARE OR SOFTWARE; (c) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE PROMOTION; (d) TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE PROMOTION OR THE PROCESSING OF SUBMISSIONS; OR (e) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM ENTRANT’S PARTICIPATION IN THE PROMOTION OR RECEIPT OR USE OR MISUSE OF ANY PRIZE.  

12. General Rules. If for any reason an Entrant’s Submission is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another Submission in the promotion; provided that, if it is not possible to permit another Submission due to discontinuance of the promotion, or any part of it, for any reason, Administrator, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein.  Administrator reserves the right, in its sole discretion, to modify, suspend, or cancel the promotion at any time for any reason, including (without limitation), if a computer virus, bug, or other technical problem corrupts the administration, security, or proper conduct of the promotion. No more than the stated number of prizes will be awarded. In the event that production, technical, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Administrator reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.

13. Privacy and Use of Personal Information.  Administrator collects personal information from you when you enter this promotion.  Administrator reserves the right to use any information collected in accordance with its privacy policy, which may be found at https://about.9gag.com/privacy.

14. GOVERNING LAW AND DISPUTES. THESE OFFICIAL RULES AND THE PROMOTION ARE GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF HONG KONG SPECIAL ADMINISTRATIVE REGION AND THE FORUM AND VENUE FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THESE OFFICIAL RULES SHALL BE IN HONG KONG. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED ACCORDING TO THE DISPUTE RESOLUTION PROCEDURES SET FORTH IN SECTION 12 OF THE EULA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.

15. Winners List.  A copy of these Official Rules and a winners list may be obtained by sending an email request to funoff@9gag.com.  Requests for winners list must be received by 6 months from end of contest.