Did you know that you can upload pictures to CollegeHumor with your smart phone? We want to see what you've been doing all summer in all the time you've been away from your computer. Send us pictures of your funniest and most ridiculous moments of the summer and we'll add them to The Big Summer Fails Picture Gallery. Every Friday for the next five weeks one lucky submitter will win $100. To share your memories, download the CrowdFail app for your iPhone or Android at www.CrowdFail.com and turn on 'Send to CollegeHumor' during the upload. The sweepstakes only runs through September 14, so start uploading your fails now!
OFFICIAL RULES OF THE CROWDFAIL SWEEPSTAKES
NO PURCHASE NECESSARY
VOID WHERE PROHIBITED
These are Hatch Labs, Inc.'s ("Sponsor") Official Rules (the "Official Rules") of the Crowdfail Sweepstakes (the "Sweepstakes"). By entering the Sweepstakes, you accept these Official Rules.
Sponsor and this Sweepstakes are in no way sponsored or administered by College Humor.
To be eligible to participate in this Sweepstakes, you must be at least 18 years of age at the time you enter the Sweepstakes. Participation in the Sweepstakes and use of the Crowdfail mobile application is subject at all times to the Crowdfail Terms of Service, located at: www.crowdfail.com/terms.
The following persons are not eligible to enter the Sweepstakes: employees and directors of Sponsor, its parent company, and companies under common control with Sponsor; and members of the households of the foregoing persons (collectively, the "Sweepstakes Parties").
2. HOW TO ENTER.
To enter the Sweepstakes, submit your entry between August 14, 2012 at 12:00 a.m. Eastern Time and September 14, 2012 at 11:59 p.m. Eastern Time (the "Promotional Period"). Notwithstanding the forgoing, the Promotional Period will end should the number of entries exceed 1,000 in any given week period. To submit an entry, you do the following:
1. Download the Crowdfail mobile application (the "App") from the Apple App Store and register an account.
2. Turn on the "Enable Upload to College Humor" button within the App.
3. Tap the "Capture" button within the App to upload a "fail" photo.
4. Upload a picture that represents a funny summer "fail" moment.
You may enter as many times as you wish, provided that you follow steps 3-4 above each time you enter, and you keep the "Enable Upload to College Humor" button turned on.
Please note that, by entering the Sweepstakes and turning on the "Enable Upload to College Humor" button, you are granting us the right (although we are not required to) post your photo on www.collegehumor.com.
ANY ATTEMPT TO ENTER THE SWEEPSTAKES EXCEPT AS PROVIDED ABOVE IS VOID.
For all entries submitted prior to 11:59 p.m. Eastern Time on Friday during each week of the Promotional Period, Sponsor will conduct a drawing of entries to determine potential winners. Accordingly, one (1) winner will be selected each week with respect to entries entered as of 11:59 p.m. Eastern Time on the following dates: Friday, August 17th; Friday, August 24th; Friday, August 31st; Friday, September 7th; and Friday, September 14th. Entries that participate in the prior week's drawing will not be carried over to the following week(s). Because we only select one winner per week, the odds of winning will vary based on the number of total entries during the week leading up to the 11:59 p.m. Eastern Time Friday drawing each week. The drawings will be made at random using a randomized, anonymous process.
If you win, you will be notified by e-mail notification at the address you have registered in your Crowdfail account. To claim your prize, you must reply to our e-mail notification within 30 days of receipt. After that time, your prize will be forfeited.
Each potential winner may be required to sign an Affidavit of Eligibility and Liability Release. Failure to respond do so may result in disqualification with an alternate winner selected. Any alternate winners will be selected through a random drawing of entries. No person may win more than once.
Sponsor will award one (1) one-hundred dollar ($100) prize per week to one (1) user during each week of the Sweepstakes, totaling five-hundred dollars ($500) in the aggregate for the entire Sweepstakes, which ends on September 14, 2012. No prize transfer, assignment or substitution by any Prize winner is permitted.
TAXES, IF ANY, ARE THE SOLE RESPONSIBILITY OF THE WINNER.
By accepting a Prize, each winner releases and agrees to hold harmless Sponsor and the Sweepstakes Parties from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a prize, participation in any Sweepstakes related activity, or participation in this Sweepstakes.
6. REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION.
You represent and warrant that you are eligible to enter the Sweepstakes at the time of your entry. You further warrant that you will comply with these Official Rules in connection with your participation in the Sweepstakes. You shall indemnify, defend, and hold Sponsor and the Sweepstakes Parties harmless from any losses (including reasonable attorneys' fees) arising from any third party action asserting a breach by you of any representation, warranty, or obligation in these Official Rules.
7. PROHIBITED CONDUCT.
Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole determination, to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules. Any use of robotic, automatic, macro, programmed or like entry methods will void all Submissions or votes submitted by such methods and persons using any such methods (in Sponsor's sole determination) will be disqualified.
ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE ANY WEBSITE OR APPLICATION OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEYS' FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
If for any reason this Sweepstakes is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of Sponsor, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor reserves the right to cancel, terminate, modify or suspend the Sweepstakes, and award the prizes from among entries received prior to such action to the extent feasible. If the Sweepstakes is terminated due to tampering or technical difficulties prior to its expiration date, notice will be posted on a page on Sponsor's website, www.crowdfail.com (the "Sponsor Website").
8. LIMITATIONS OF LIABILITY.
Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet, mobile networks or Sponsor Website, or any combination thereof. Sponsor is not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in the Sweepstakes.
IN NO EVENT WILL SPONSOR OR THE SWEEPSTAKES PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THIS SWEEPSTAKES. THE SWEEPSTAKES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties so some of the above limitations or exclusions may not apply to you.
9. DISPUTES; MANDATORY ARBITRATION.
Sponsor's decisions on all matters relating to this Sweepstakes are final and binding in all respects.
These Official Rules and the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to principles of conflicts of laws.
ANY DISPUTE BETWEEN YOU AND SPONSOR SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, BY MANDATORY, FINAL, AND BINDING ARBITRATION PURSUANT TO THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. The arbitration shall take place before a single arbitrator, in English, in New York County, State of New York. In no circumstance shall the arbitrator be permitted to award attorneys' fees, costs, arbitration fees, punitive, treble, exemplary, incidental, or consequential damages, or any damages or losses other than your direct, actual out-of-pocket expenses (i.e., costs associated with entering this Sweepstakes). Any court action to enforce this arbitration provision shall be commenced in the state of federal courts located in New York County, State of New York.
11. WINNERS LIST/RULES REQUESTS.
For the name of each Winner or to request a copy of the official rules, mail a self-addressed stamped envelope indicating either "Crowdfail Sweepstakes Winners List" or "Crowdfail Sweepstakes Rules Request" for receipt by October 31, 2012 to:
Hatch Labs, Inc.
555 W. 18th Street
New York, NY 10011
Attn: Legal Department
The Sweepstakes is sponsored by: Hatch Labs, Inc., 555 W. 18th Street, New York, NY 10011.