TBS HBCUCashoutTM CONTEST
OFFICIAL RULES
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN.
A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
OFFERED ONLY TO CERTAIN HBCU GRADUATES WHO ARE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY AND WHO RESIDE LEGALLY IN ONE OF THE FIFTY UNITED STATES OR THE DISTRICT OF COLUMBIA.
1. PROGRAM DESCRIPTION AND ENTRY PERIOD: The TBS HBCUCashOutTM Contest (the “Contest”) sponsored by Turner Entertainment Networks, Inc. (the “Sponsor”) provides an opportunity for entrants to film a 60-second (or shorter) video of themselves telling TBS how their HBCU degree is helping them achieve their dreams. Only the entrant can appear in their entry video. The three-step entry process is described in Section 4 below. Prizes are described in Section 9 below. Entries must adhere to all requirements set forth in these Official Rules. Entries will be judged based on the criteria set forth in Section 8 below. The Contest begins at 12:01 A.M. Eastern Time (“ET”) on September 19, 2022 and ends at 11:59 P.M. ET on November 18, 2022 (the “Entry Period”), however, Sponsor reserves the right to extend the Entry Period and/or change the timing of the subsequent dates as deemed necessary in their sole opinion. If such changes are made, the new timing will be noted at the Contest website http://TBSHBCUCashout.com and in these Official Rules.
2. ELIGIBILITY: The Contest is open only to legal residents of the 50 United States and the District of Columbia (the “Eligibility Area”) who: [a] are age 18 years or older; [b] have received a qualifying degree from a qualifying Historically Black College or University (“HBCU”) ; and [c] have a valid Instagram, Twitter, and/or YouTube account. For the purposes of this Contest, “HBCU” means is one of the accredited HBCUs which is located within the Eligibility Area and appears on the list available by clicking “Accredited HBCU listing” at https://sites.ed.gov/whhbcu/one-hundred-and-five-historically-black-colleges-and-universities/, and “Qualifying Degree” means one of the following degrees: Associate's degree; Bachelor's degree; Postbaccalaureate certificate; Master's degree; Post-master's certificate; or Doctor's degree. Free Instagram app download is available via www.instagram.com. Free Twitter accounts are available at www.twitter.com. Free YouTube accounts are available via www.youtube.com.
Employees, officers, and directors of Sponsor, , its respective parents, affiliates, subsidiaries, and advertising and promotion agencies, as well as members of the immediate families (spouses, parents, siblings and children, and the “steps” of each, regardless of where they live) of such employees/officers/directors, and those living in the same household as such employees/officers/directors, are not eligible to enter or win. Further: (a) members of commercial talent unions, including without limitation, the Screen Actors Guild (SAG) or the American Federation of Television and Radio Artists (AFTRA), are also not eligible to enter or win; and (b) previous winners of similar prizes in Sponsor’s promotions are also not eligible to enter or win. All determinations of eligibility will be made by Sponsor, , and/or its designees (collectively, the “Contest Parties”) in their sole discretion, where such decisions are final and may be made at any time. All applicable federal, state, and local laws and regulations apply. The Contest is intended for viewing and participation within the Eligibility Area only. Do not participate in the Contest unless you reside legally within the Eligibility Area. The Contest is void outside the Eligibility Area, and where prohibited or restricted by law.
3. CONTEST AGREEMENT: BY PARTICIPATING IN THE CONTEST, EACH PARTICIPANT REPRESENTS AND WARRANTS THAT THEY: [A] HAVE READ THESE OFFICIAL RULES, AND AGREE TO BE BOUND BY THEM, AND BY THE INTERPRETATIONS OF THESE OFFICIAL RULES BY THE CONTEST PARTIES, AND BY THE DECISIONS OF THE CONTEST PARTIES, WHICH ARE FINAL IN ALL MATTERS RELATING TO THIS CONTEST; [B] AGREE TO RELEASE AND HOLD HARMLESS THE RELEASEES AS FURTHER DETAILED IN SECTION 11; [C] ACKNOWLEDGE COMPLIANCE WITH THESE OFFICIAL RULES; [D] WARRANT THAT ALL INFORMATION PROVIDED BY PARTICIPANT IN CONNECTION WITH THE CONTEST IS TRUE, ACCURATE AND COMPLETE; AND [E] AGREE TO COMPLY WITH ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS.
Step 1 - Filming: Film an original 60-second (or shorter) video of yourself where you tell TBS how your HBCU degree is helping you achieve your dreams (see Section 5 below for important additional entry requirements before you film your video).
Step 2 - Upload: Next, upload the video to either Instagram, Twitter, or YouTube as follows:
-For Instagram, upload the video to your personal Instagram account (which must not be set to “private account”), and include the required hashtag #HBCUCashOutContest and mention @tbsnetwork and @morefromus in your post. Once uploaded, copy and save the link to your video.
-For Twitter, upload the video to your personal Twitter account (which must not be set to “protect your tweets”), and include the required hashtag #HBCUCashOutContest and mention @tbsnetwork and @morefromus in your post. Once uploaded, copy and save the link to your video.
-For YouTube, upload the video to your personal YouTube account (with the video privacy set to “Public” or “Unlisted”), and include the required hashtag #HBCUCashOutContest and mention @tbs and @morefromus in your post. Once uploaded, copy and save the link to your video.
Step 3 – Complete the Online Entry Form: Then, visit http://TBSHBCUCashout.com and follow the site instructions to complete the online entry form (including the link to your video which you saved in Step 2 above) and submit the completed online entry form during the Entry Period. Your entry cannot be changed once submitted.
Your entry is not complete until you have successfully completed all three steps above during the Entry Period. Further, note that your entry will not be considered successfully submitted if your Instagram, Twitter, or YouTube account or video/post settings prevent the Contest Parties from seeing your video. In order for an entry video to be considered for judging, you must maintain your Instagram, Twitter, or YouTube (each, a “Platform”) account in good standing and must continue to host the video through November 18, 2022, at the same link disclosed in your Contest entry form, with the video visible to anyone who has the link (unless asked by the Contest Parties to take down the video prior to this date).
Completing the entry form also constitutes your willful agreement to opt-in to Sponsor’s email marketing list. You may opt-out of Sponsor’s email marketing list at any time, by using any functioning “unsubscribe” link. If you decide to opt-out, this will not affect your ability to enter the Contest or your odds of winning a prize in the Contest.
There is a limit of one (1) entry per person. Each entry must meet all requirements. Any attempt by a person to use multiple accounts or identities to gain more entries than permitted by these Official Rules shall result in disqualification at the discretion of the Contest Parties. The Contest Parties are under no obligation to correspond about entries, nor are the Contest Parties required to acknowledge its receipt of entries. Proof of submission of entry does not constitute proof of receipt of entry. In the event of a dispute as to the identity of the entrant associated with any entry, the authorized account holder of the email account associated with the applicable Contest entry, at time of submission, will be deemed to be the entrant, as applicable. The “authorized account holder” is the natural person assigned to the applicable email account by the email service provider. Potential winners may be required to show proof of being the authorized account holder. In the event a dispute regarding the identity of the entrant associated with a particular entry cannot be resolved to the Contest Parties’ satisfaction, the affected entry will be deemed ineligible. In addition to compliance with these Official Rules, participation must also comply with the terms of service of the Platform where the entrant’s video is hosted (www.instagram.com/about/legal/terms, https://twitter.com/en/tos, or https://www.youtube.com/static?template=terms as applicable). Further, entry videos uploaded to YouTube which do not comply with the YouTube Community Guidelines will be disqualified. Normal Internet access and usage charges imposed by your online service will apply. If you participate from your mobile phone, such activity will be subject to the charges pursuant to your wireless service provider’s rate plan. You further understand that by participating via mobile phone, if you are a potential winner, the Contest Parties may contact you via mobile phone, which will be subject to the charges pursuant to your wireless service provider’s rate plan. Please consult your wireless service provider for more information. Entrants are solely responsible for any related equipment and Internet access charges, if any. Multiple entrants are not permitted to share the same Platform account and/or email account.
5. ADDITIONAL REQUIREMENTS FOR ENTRY VIDEOS:
You must be the only person appearing in the video. Do not copy the works of others, in whole or in part. Do not include any recognizable 3rd party brand names or logos in the video. Do not engage in any violent, dangerous, or illegal behavior in creating an entry. Entries must be completed in English.
Any elements that appear in an entry video including, without limitation, music/audio, graphics, filters, frames, logos, or images, must be either: (a) entirely original (created by the entrant); (b) property of the Sponsor (the “Provided Materials”); (c) provided by the Platform and used in accordance with the Platform’s applicable policies, where attribution/credit with/within the entry is not required (the “Platform Materials”); or (d) in the public domain. Sponsor grant to entrants a limited revocable, non-sub-licensable license to use the Provided Materials for the sole purpose of creating an entry, if an entrant chooses to do so. Use of Provided Materials is not required for entry, nor will it affect an entrant’s chances of winning. In addition, entrant recognizes that all of the right, title, and interest in the Provided Materials as well as all derivative works created using the Provided Materials (including an entry) shall vest exclusively in Sponsor, and entrant will not have or take any action that might harm or adversely affect such rights. No right, title, or interest in and to the Provided Materials except for the limited license granted to entrant in these Official Rules is transferred or created.
Entry videos must not: (i) contain email addresses or phone numbers; (ii) contain any recognizable 3rd party or copyrighted or trademarked materials (which are not otherwise described as allowable herein), including, but not limited to brand names, logos, or trade dress; (iii) contain inappropriate content, including but not limited to vulgarity, obscenity, lewd, pornographic or violent material, or materials which promote illegal drugs, underage or irresponsible use of alcohol, tobacco products, weapons, hate, or violence (to be determined by Contest Parties, in their sole discretion); (iv) defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies; (v) contain trade secrets; or (vi) invade the privacy or publicity rights of any person, living or deceased, or otherwise infringe upon a person's personal or proprietary rights.
Use of any prohibited elements in an entry video may result in disqualification of the applicable entry, in the Contest Parties’ sole discretion. Submitting an entry that contains elements which are copyrighted by another individual will make you responsible for any legal action the legal copyright holder might take against you. The Contest Parties' determination as to whether any entry potentially violates the rights of any third party is final. Entries that do not include all required information and do not adhere to the foregoing and following requirements or are deemed to be immoral, obscene, profane or not in keeping with Sponsor's image (all as determined by the Contest Parties in their sole discretion) may be considered void, in the Contest Parties’ sole discretion.
6. PARTICIPANT’S REPRESENTATIONS: By submitting an entry, you represent and warrant that: (a) you are the creator of your entry video; (b) you are the only person appearing in the entry video; (c) if you are not the person who took the applicable video, you have obtained written permission from the person who took the applicable video, such person(s) have granted all necessary rights to use the applicable video, and you will provide a copy of such written permission and grant of rights to Sponsor upon request or risk disqualification; (d) your entry is wholly original (apart from the Provided Materials, the Platform Materials, and any allowable public domain elements); (e) your entry does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, including any current or former employer, and does not defame any person or entity; (f) your entry has not previously been entered in any other promotion; (g) prior to posting your entry in connection with this Contest, your entry had not been previously published in any medium; (h) your entry does not violate any law or regulation; (i) except for any Platform Materials, no third party owns any of the rights to your entry (including, without limitation, any copyrights or trademarks contained therein); (j) you agree to waive any claim for reimbursement for any equipment or materials necessary to submit an entry regardless of whether or not the entry is selected for any prize; (k) your entry is gratuitous and made without restriction, and will not place the Contest Parties under any obligation except as specifically described herein; and (l) Sponsor is free to disclose or otherwise disclose the ideas contained in your entry on a non-confidential basis to anyone or otherwise use the ideas without any compensation to you.
Further, by participating: (1) you acknowledge that the material that will be submitted as part of the Contest may embody materials, suggestions, or ideas similar to those which have been developed by others or by the Contest Parties and hereby acknowledges that any similarity is purely coincidental and unavoidable in light of the volume of ideas that the Sponsor routinely uses and considers in the course of its business activities, and you understand that you will not be entitled to any compensation because of use by Contest Parties of any materials similar to those in your entry; (2) you hereby waive any right to any claim or liability with respect to Contest Parties’ use of similar materials; and (3) you understand that submitting any element that is copyrighted by another individual will result in you being responsible for any legal action the legal copyright holder might take against you or the Releasees (as defined below in Section 11).
7. SPONSOR’S RIGHTS TO ENTRIES: By submitting an entry, you grant the Sponsor and its affiliated companies, licensees, successors, assigns and designees (the “Licensees”) the unconditional (subject only to any applicable rights of the applicable Platform) an irrevocable and perpetual, royalty-free, assignable, worldwide license, in all media, to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, edit, adapt, modify, crop, create derivative works of, exhibit, and otherwise use your entry or any part thereof (with or without using your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party. Without limiting the foregoing, Sponsor reserves the right to post an online gallery of entries selected in its sole discretion, or to re-post on any social media website or other website, any entries selected in its sole discretion. Any use of a Contest entry by Sponsor or its Licensees should not be interpreted as a representation of eligibility or a designation of any particular status in the Contest. Should Sponsor or its designee edit your entry for purposes of re-use, you are not relieved from responsibility for compliance with these Official Rules. By submitting an entry, you forever waive any legal or moral rights in the entry that may preclude Sponsor’s use of the entry, or require your permission for Sponsor to use the entry. By submitting an entry, you further agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against any of the Releasees (as defined below in Section 11), or any other person or entity, on the grounds that any use of the entry, or any derivative works, infringe any of your rights, including, without limitation, copyrights, or moral rights. You further acknowledge that, unless specified otherwise herein, the Sponsor is in no way obligated to broadcast, publish or use your entry in any way. Nothing herein shall constitute an employment, joint venture, or partnership relationship between you and the Sponsor. In no way are you to be construed as the agent or to be acting as the agent of the Sponsor.
8. JUDGING/WINNER DETERMINATION: On or before December 16, 2022, a panel of judges selected in the sole discretion of the Sponsor will judge all eligible entries according to the following criteria: Storytelling Ability (33% of total score); (b) Originality/Creativity (33% of total score); and (c) Merit/Achievement of Participant, (34% of total score). A Sponsor-determined quantity of no more than ten (10) entrants whose entries score the highest will each be deemed a “Finalist”, pending verification of eligibility and continued compliance with these Official Rules. Finalist designation does not include any prizes, and notification as a Finalist is not a guarantee that the applicable entry was (or will be) selected as a prize-winning entry. The four (4) eligible Finalists whose entries score highest overall and who fulfill their obligations as a Finalist (as further described in Section 10) will each be deemed a Grand Prize winner, pending verification of eligibility and continued compliance with these Official Rules. Note, however, that Sponsor reserves the right to award fewer than the stated number of prizes, if in their sole and absolute discretion they do not receive a sufficient number of eligible or qualified entries for the Contest. In the event of a tie, the entry (from among the tied entries) with the highest “Appeal” score will be prevail(and if a tie cannot be broken in this manner, the entry with the highest “Originality/Creativity” score will prevail), pending verification of the associated entrant’s eligibility and continued compliance with these Official Rules. The decisions of the Contest Parties and judges are final and binding. Odds of winning depend on the skill of the entrants and the number of eligible entries received.
9. PRIZES: Four (4) Grand Prizes will be made available, each consisting of a check in the amount of $25,000.00 which the winner may use to pay off their student loans, but which is issued without restriction. Further, each Grand Prize check will also include an additional $8,000.00 of “income tax mitigation funds”, which the winner may use toward their income tax obligations, but which are issued without restriction. The total approximate retail value of each Grand Prize is $33,000.00. Any prize details not specified herein will be determined by Sponsor in its sole discretion. See Section 10 below for finalist/winner notification details and additional prize restrictions. Limit one (1) Grand Prize per person and/or household.
10. FINALIST/WINNER NOTIFICATION AND GENERAL PRIZE RESTRICTIONS: The names of Finalists and/or their social media “handles” may be announced online prior to verification; however, any such announcement is not a guarantee of eligibility. Each potential Finalist will be notified by email (using the information provided in their entry) to verify his/her eligibility and ability to become a Finalist and accept a prize if their entry is so selected, to confirm/obtain their complete contact information, to request a completed affidavit of eligibility/liability release/perpetual license and (where legal) a publicity release, to request proof of the potential Finalist’s identity, age, and legal residence (in the form of a copy of government-issued photo identification), to request a copy of the potential Finalist’s official qualifying HBCU transcript, to have the potential Finalist contact the HBCU to give permission for the Contest Parties to verify the potential Finalist’s attendance/degree/graduation date directly with the applicable HBCU, to request waiver forms authorizing the release of personal and background information if desired by the Contest Parties, and to request any other releases or documentation deemed necessary for the verification of the potential Finalist’s eligibility and/or Sponsor’s intended use of the potential Finalist’s entry. A potential Finalist must reply with all requested information and completed documents within 48 hours after the time that the notification email was sent, or the Finalist may be disqualified in the Contest Parties’ sole discretion. The Contest Parties also reserve the right to contact a potential Finalist using any other contact information provided in the potential Finalist’s entry, to alert the Finalist to the notification email and/or conduct a survey of the potential Finalist’s eligibility. Proof of identity, age, and legal residence (in the form of a copy of government-issued photo identification) may be required to become a Finalist and/or claim a prize. Further, by participating, each potential Finalist hereby authorizes the Contest Parties or their designee to request and obtain the potential Finalist’s college transcript(s) from the National Student Clearinghouse. Additionally, the Sponsor reserves the right to request, from any entrant and at any time, an edited version of an entry, where such edits are deemed necessary but do not to materially improve the quality of the entry, all as determined by the Sponsor, to be returned within 48 hours from the time of request by the Contest Parties or their designee. In the Contest Parties’ sole discretion, a potential Finalist or potential winner may only be notified one time as set forth above for attempted notification. Prior to the issuance of their prize check, each confirmed winner will also be required to return a properly completed IRS W-9 form within the time period specified by the Contest Parties, and such winner will receive an IRS Form 1099 issued in his/her name for the actual value of prizes received.
The Contest Parties reserve the right to require Finalists and potential winners to submit to a confidential criminal background check to confirm eligibility as a condition of participation, to help ensure that the use of any such person in advertising or publicity will not bring the Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest, as determined by Sponsor in its sole discretion. Such background check may include, without limitation, civil and criminal court records and police reports. Any participant may be disqualified in the Contest Parties’ sole discretion if: (a) he/she fails to reply or to provide any required information or properly completed documents within the required time period (as applicable); (b) he/she fails to comply with any of the terms of these Official Rules; (c) if any prize or prize notification is returned as undeliverable; or (d) if the results of his/her background check are deemed unsatisfactory in Contest Parties’ sole discretion.
Unless otherwise detailed herein, Sponsor shall have no obligation (express or implied) to use any entry, or to otherwise exploit any entry or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the any entry for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof. If Sponsor shall desire to secure additional assignments, certificates of engagement for the entry or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon Sponsor's request therefor.
By participating, each potential Finalist understands and agrees that: [a] if requested, they will appear for an approximately 30-minute virtual online Finalist Interview (the “Finalist Interview”) to occur on a virtual meeting platform and at a time determined by the Contest Parties in their sole discretion; [b] the Contest Parties reserve the right to disqualify any Finalist who, if invited, does not attend the Finalist Interview for any reason (including but not limited to illness, family emergencies, or technical/connectivity issues); [c] they may be required to provide one or more photographs of themselves and provide answers to any additional questions as posed the Contest Parties (collectively, “Additional Content”); and [d] any Additional Content and any footage from the Finalist Interview may be used as described in Section 14 below.
In the event of disqualification of a Finalist, winner or potential winner, at the Contest Parties’ sole discretion, the prize may be awarded to an alternate winner selected from among the remaining applicable eligible entries via the means of winner determination described herein, pending verification of eligibility. If any prize remains unclaimed after three (3) potential winners have been notified for that prize, the prize may remain unawarded, in Sponsor’s sole discretion. No responsibility is assumed by the Promotion Parties for any incorrect or missing social media account information, prize claim information, postal address, email address or phone number associated with an entry/prize claim, or for any change of address, email, social media account or phone number of a participant.
No prize transfer will be permitted. Unless otherwise specified herein, no prize substitution will be permitted except at Sponsor’s sole discretion due to unavailability, in which case a prize of comparable or greater value will be awarded. All other costs and expenses associated with acceptance and use of a prize not specified herein as being awarded are the sole responsibility of the applicable winner. The Contest Parties will not replace any lost, damaged or stolen prizes. All taxes (including without limitation Federal, state and local taxes) in connection with a prize, and the reporting consequence thereof, are the sole responsibility of the applicable winner. The Contest Parties make no representations regarding the tax liability associated with any prize, and each winner is advised to seek counsel regarding any tax liabilities associated with their prize. Contest Parties reserve the right to withhold any portion of a prize deemed necessary for compliance with tax withholding requirements, and to forward such portion to the applicable taxing authority on behalf of a winner. All prizes are awarded as-is and without warranty of any kind, implied or express. Winners should expect to receive their prizes within approximately 4 to 8 weeks following winner verification. Prizes will only be shipped within the 50 United States or Washington, DC.
11. RELEASE AND INDEMNIFICATION: BY PARTICIPATING IN THE CONTEST, PARTICIPANTS AGREE TO RELEASE AND HOLD HARMLESS SPONSOR, , INSTAGRAM, TWITTER, YOUTUBE, THE HBCUS, THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, AND ADVERTISING AND PROMOTION AGENCIES, TOGETHER WITH THE RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS OF EACH (AFOREMENTIONED INDIVIDUALS AND ORGANIZATIONS COLLECTIVELY, THE “RELEASEES”) FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE CONTEST OR PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY (INCLUDING WITHOUT LIMITATION THE REMOVAL FROM ANY WEBSITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS), OR RESULTING DIRECTLY OR INDIRECTLY, FROM THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE CONTEST (INCLUDING ANY TRAVEL OR ACTIVITY RELATED THERETO), INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY AND THE COLLECTION, USE AND/OR SHARING BY THE CONTEST PARTIES OF PERSONALLY IDENTIFIABLE INFORMATION OF THE PARTICIPANTS. WITHOUT LIMITING THE FOREGOING, EACH ENTRANT AGREES, AS A CONDITION OF PARTICIPATION, TO INDEMNIFY AND HOLD THE RELEASEES HARMLESS FROM ANY AND ALL CLAIMS, DAMAGES, EXPENSES, COSTS (INCLUDING REASONABLE ATTORNEYS' FEES) AND LIABILITIES (INCLUDING SETTLEMENTS), BROUGHT OR ASSERTED BY ANY THIRD PARTY AGAINST ANY OF THE RELEASEES DUE TO OR ARISING OUT OF THEIR ENTRY, OR THEIR CONDUCT IN CREATING AN ENTRY, OR OTHERWISE IN CONNECTION WITH THEIR PARTICIPATION IN THIS CONTEST, INCLUDING BUT NOT LIMITED TO: CLAIMS FOR TRADEMARK INFRINGEMENT; COPYRIGHT INFRINGEMENT; VIOLATION OF AN INDIVIDUAL’S RIGHT OF PUBLICITY OR RIGHT OF PRIVACY; OR DEFAMATION. WITHOUT LIMITING THE FOREGOING, THE CONTEST, ALL PRIZES, AND ALL MATERIALS PROVIDED ON OR THROUGH ANY CONTEST-RELATED WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
12. GENERAL: Releasees and Internet/wireless access providers are not responsible for: (a) lost, late, unintelligible, misdirected, incomplete, damaged or garbled entries, registration forms, emails, release forms or any other documents or communications of any kind; (b) technical errors, failures, or interruptions related to computers, hardware, software, programming, servers, providers, networks, or telephones; (c) communication disruption or other forces beyond the reasonable control of the Releasees, including the inability to submit entries or other disruption related to Internet traffic, virus, bug or non-authorized intervention; (d) damage caused by computer virus or otherwise resulting to any computer or device from entrant's access of the Contest, whether human, mechanical or electronic; (e) incorrect or inaccurate information whether caused by Contest users or by any of the programming or equipment associated with or used in the Contest; (f) any printing errors, typographical errors, or human errors, including but not limited to any human, mechanical typographical or electronic error which may occur in the administration of the Contest, processing of the entries, the announcement of Finalists/prizes/winners, or in any Contest-related materials(g) changes to social media platform policies and procedures that may interfere with the operation of the Contest; (h) content filtering or any malfunction/error/failure which may impact the accessibility of entries or the transmission or receipt of winner verification notices (or other communications with winners); or (i) unauthorized human intervention in the Contest. The Contest Parties may consider entries to be void if unreadable, inaccurate, incomplete, mutilated, tampered with, forged, irregular in any way or otherwise not in compliance with these Official Rules. Although he Contest Parties attempt to ensure the integrity of the Contest, Releasees are not responsible for the actions of participants or other individuals in connection with the Contest, including participants' or other individuals' attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest.
In the event of any conflict between any Contest details contained in these Official Rules and Contest details contained in any Contest advertising materials, the details of the Contest as set forth in these Official Rules shall prevail. If, for any reason, the Contest (or portion thereof) is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, by reason of any acts of God, disease, terrorist acts, earthquake, war, fire, flood, unusually severe weather, strikes or legal disputes (whether legal or illegal), industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles or any other causes which, in the sole opinion of Sponsor, could corrupt, compromise, undermine or otherwise affect the administration, security, fairness, integrity, viability or proper conduct of the Contest, Sponsor reserves the right in its sole and absolute discretion to cancel, terminate, modify or suspend all or any part of the Contest, and to select the applicable winner(s) via the means of winner determination described in these Official Rules (from among the applicable eligible, non-suspect entries received up to the time of such cancellation, termination, modification or suspension, as applicable), or to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. Entry must be made by the entrant and via the means described in these Official Rules only. Any failure by the Contest Parties to enforce any of these Official Rules will not constitute a waiver of such Official Rules. You are not a winner until your entry has been verified and you have complied with these Official Rules. Each entry is the opinion or view of the applicable entrant, and does not reflect the views of the Releasees. By participating in this Contest, entrants agree to waive any right to claim ambiguity or any deficiency in these Official Rules or the Contest, including its administration. When terms such as “may” are used in the se Official Rules, the Contest Parties have sole and absolute discretion.
This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram, Twitter, YouTube, or the HBCUs. You understand that you are providing your information to Sponsor, not to Instagram, Twitter, YouTube, or the HBCUs. Any questions, comments or complaints regarding the Contest must be directed to the Sponsor and not to Instagram, Twitter, YouTube, or the HBCUs.
13. CONDUCT: The Contest Parties reserve the right, at any time and in their sole discretion, to disqualify and/or deem ineligible to participate in this Contest or any future Sponsor promotions, any individual it suspects: (a) to be tampering with the entry process or the operation of the Contest or any website; (b) to be acting in violation of these Official Rules or Sponsor’s privacy policy or other terms, conditions or guidelines; (c) to be acting in bad faith or in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; (d) to have failed to agree to these Official Rules; or (e) to be in violation of these Official Rules. CAUTION: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF THESE OFFICIAL RULES AS WELL AS CRIMINAL AND CIVIL LAWS. SHOULD SPONSOR BELIEVE OR BECOME AWARE THAT SUCH AN ATTEMPT HAS BEEN, IS BEING, OR WILL BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY RESPONSIBLE PARTICIPANT(S) AND OTHER RESPONSIBLE INDIVIDUAL(S) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION CRIMINAL PROSECUTION.
14. PUBLICITY: By participating, you grant to Sponsor and its affiliated companies the right, except where prohibited by law, to use your name, likeness, picture, address (city and state), social media handle(s), voice, biographical information, Contest entry, written or oral statements regarding the Contest or Sponsor’s products/services, and if a Finalist, any Finalist Interview footage or Additional Content, for advertising and promotional purposes in promoting or publicizing Sponsor, its affiliated companies, and the products or services of each, in any and all media without limitation as to time or territory, without compensation unless required by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, picture, likeness, address (city and state), biographical information, or Contest entry.
15. DISPUTES: By participating, each entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any prize awarded, must be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in or nearest to Fulton County, Georgia, and each entrant submits to sole and exclusive personal jurisdiction to said courts in the State of Georgia for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) 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; and (c) under no circumstances will entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Some jurisdictions do not allow for limitations on the ability to pursue class action remedies, or certain kinds of damages, and so these limitations may not apply to you. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or the Releasees in connection with this Contest shall be governed by, and construed in accordance with, the laws of the State of Georgia, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of Georgia, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Georgia.
16. COLLECTION AND USE OF PERSONAL INFORMATION: By entering the Contest, participants agree and consent to The Contest Parties’ collection, use and retention of their personal information provided in their entries or prize claims for all purposes related to the Contest (including, without limitation, processing and administering entries or prize claims, sharing an participant’s personal information with Sponsor’s service providers, contractors, prizing partners, etc. as necessary to conduct and operate the Contest, communicating with and awarding prizes to winners, making public announcements about winners, and advertising, promoting and publicizing the Contest), as well as in accordance with Sponsor’s Privacy Policy published at https://www.tbs.com/privacy, provided that in the event of any conflict between these Official Rules and either Privacy Policy, the terms and conditions of these Official Rules shall prevail. Please review each applicable Privacy Policy before participating. If you object to anything stated in these Official Rules or an applicable Privacy Policy, do not participate in the Contest. If you are a California resident and wish to review the choices and rights you are afforded under the California Consumer Privacy Act (CCPA) or other applicable California privacy laws, please review the applicable sections of Sponsor’s Privacy Policy , using the link provided above.
17. SEVERABILITY/HEADINGS: If any provision of these Official Rules is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.
18. WINNER LIST: For the name, city, and state of the winners, mail a self-addressed, stamped envelope to be received by December 31, 2022 to: TBS HBCUCashoutTM Contest Winner List, Attn: John Renaud, 1050 Techwood Drive, Atlanta, GA 30318. Prize winners may also be announced on the Sponsor’s website(s) and/or social media accounts, at Sponsor’s sole discretion.
Sponsor: Turner Entertainment Networks, Inc., 1050 Techwood Drive, Atlanta, GA 30318
TM & © 2022 Turner Broadcasting System, Inc. A Warner Bros. Discovery Company. All Rights Reserved.