PLEASE REVIEW THESE OFFICIAL RULES BEFORE PARTICIPATING IN THIS CONTEST.
MINORS MUST HAVE CONSENT OF PARENT OR LEGAL GUARDIAN.
GENERAL INFORMATION
Chance plays no part in the determination of the winner(s) of this skill-based contest (“Contest”). These Official Rules (“Official Rules”) form a binding legal agreement between you and Bad Panda, Inc., and its parent companies, subsidiary companies, investors, affiliates, successors, and assigns (“GYG”). This contest is not endorsed or approved by Epic Games, Inc. or Psyonix LLC.
USER ELIGIBILITY
This Contest is open only to natural persons, who are registered users of the gif your game application (“GYG App”). All references in these Official Rules to “you” (including references to “you”) are to you, in your capacity as a user of the GYG App or to your parent or legal guardian, if you are a minor.
A minor participating in this Contest must receive permission from his/her parent or legal guardian and include the full name and contact information of the parent or legal guardian when and how requested by GYG. If a minor wins a prize, the prize shall be awarded to the minor's parent or legal guardian, who must execute any required documentation on the minor's behalf as a condition to the payment of any prize money. If You are a minor, any references in these Official Rules to “You” shall be deemed to be Your parent or legal guardian, on your behalf. GYG shall have no liability with respect to disputes between You and your parent(s) or legal guardian(s). By participating in this Contest, you are confirming that you have (or your parent or legal guardian has) accepted all of the terms of these Official Rules.
The Contest is not open to individuals restricted by U.S. export controls and sanctions, and is void in any other nation, state, or province where prohibited or restricted by U.S. or local law, including, without limitation individuals located in Cuba, Iran, Syria, North Korea, the Government of Sudan, and Quebec. Additionally, the following individuals are not eligible to win a prize in this Contest: employees, consultants, independent contractors, or interns who currently work for, perform, or have worked or performed services within the past 12 months for GYG, Epic Games Inc., Psyonix LLC, or any of their respective affiliates or subsidiaries, and the immediate family members of any such individuals. Immediate family members, for the purposes of this Contest, means parents, step-parents, children, step-children, siblings, or spouses.
By entering the Contest, you affirm your eligibility, represent and warrant that you have reviewed these Official Rules, Terms of Service, and Privacy Policy of GYG, and agree to be bound by these Official Rules, and all decisions of the judges, which are final, binding and conclusive with respect to all matters relating to the Contest.
HOW TO ENTER
During the applicable entry period of December 19, 2019 – January 31, 2020 (“Entry Period”), You may enter gifs displaying your Rocket League goal for this Contest (each, an “Entry(ies)”) by following the steps below.
Steps to Enter
Step 1: Download the GYG App
Go to https://www.gifyourgame.com to download the GYG App.
Step 2: Create a GYG Account Through Discord or Email
Create an account using Discord by entering your Discord login credentials or by creating an account using your personal email, entering a username, and password.
Step 3: Make & Upload Goal Clips
On PC: To make goal clips using gif your game recording tools, press the “save clip” button while in-game and after scoring a goal inside Rocket League.
On PC, Web, and mobile application: You can upload goal clips in the GYG App by clicking the blue + button in the bottom right corner of the GYG App or by dragging a video into the GYG App.
Step 4: Tag Your Goal of the Year
Once a clip is upload to the GYG App, press the “add tags” button underneath a clip and add the "#GoaloftheYear" tag to the clip. This will enter your clip into the Contest. This can be done on PC, Web, and mobile applications.
Entry Eligibility
To be eligible, Entries must display a goal from Rocket League and must be submitted via the GYG App during the Entry Period and must be 90 seconds or less in length (“Eligible Entry”). For the purposes of the rights granted by agreeing to these Official Rules, your Entry includes your username, profile picture, and any text messages, clips, comments, or chats accompanying your Entry, if any. Rocket League goals submitted in previous GYG sponsored contests are eligible for this Contest. There is no limit to the number of Entries that may be submitted.
An Entry may not be submitted by more than one person. If an Entry is submitted by or developed by more than one user, only the user who submitted the Entry and scored the goal as determined by the Rocket League game may be awarded a prize(s). In the event of a dispute regarding the identity of a user, the dispute will be resolved in favor of the individual who is both the user and the natural person assigned an email address by an Internet access provider, online service provider, or other organization (i.e., business, educational institution) responsible for assigning email addresses for the domain associated with the submitted email address of the person who created the account.
RIGHTS IN ENTRIES
All Entries made by you are user generated content and you own the copyright in said user generated content. By submitting an Entry of your user generated content, you agree that GYG shall have the sole discretion in determining the extent and manner of use of any Entry and is not obligated to use or display any Entry submitted in whole or in part. Furthermore, you also agree that GYG has the nonexclusive perpetual rights without restriction to sublicense, edit, combine with other entries, delete, change, reproduce the Entry, and to post, save, publicly display, publish, and otherwise use and exploit such Entry, and any derivative works in the Entry in any and all manners or methods now known or later devised. You agree and confirm that the consideration that you have received from GYG constitutes full, adequate and fair remuneration for all rights of every kind and nature granted to GYG and that such consideration is fairly apportioned to each such right. By submitting an Entry, you acknowledge that your Entry, username, and any accompanying comments, chats, or other information submitted to the GYG App may be posted by GYG or its agents, on its websites, in social media, or any other location, in the sole and absolute discretion of GYG without any additional compensation to you.
Further, you hereby waive and agree to waive in favor of GYG any moral right, similar law in any country of the world, or other right or claim that is contrary to the intent of a transfer of rights to GYG in each Entry and agree not to institute support, maintain, or permit any action or lawsuit on the ground that any use of the Entry in any way constitutes an infringement of its moral rights.
SELECTION OF WINNERS
The judges will review all Eligible Entries as they are submitted during the Entry Period. A team of qualified judges selected by GYG, including a lead judge (the "Lead Judge"), will select from the Eligible Entries based on the following judging criteria: (1) level of difficulty of goal; (2) creativity/originality of the goal; and (3) community reaction related to the goal. While the community reaction to the goal is a factor in the judging criteria, it is not the primary factor. The Entries with the highest rankings from the judges will be eligible, subject to the other provisions of these Official Rules, to receive a prize. In the event of a tie, the tie will be broken by the Lead Judge using the criteria listed above. All decisions of the judges are final.
GYG will notify the winners after the close of the Entry Period via the GYG Platform and/or via email, which will commence the verification period. Each winner must complete, sign, and submit a Winner Declaration & Release Agreement, and any other documentation or information requested to GYG within ten (10) days after being notified as a condition to receiving any prize. In the event that a potential winner does not timely submit the required forms, then the judges will disqualify that Entry and will select another potential winner. GYG shall have no obligation to pay any prize to any winner in the event that such winner fails to timely submit the required forms or information.
GYG reserves the right to require any potential winner to submit to a confidential background check to confirm eligibility as a condition of awarding the prize to help ensure that the use of any such person in advertising or publicity will not bring GYG into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest as determined by GYG in its sole and absolute discretion.
PRIZING
One grand prize winner will receive $15,000 USD
One second place winner will receive $5,000 USD
One third place winner will receive $1,500 USD
Seven honorable mention winners will each receive $500 USD
Payment will be made in the form of a check or to a pay pal account. In the event that cash prizes are not allowed in a particular jurisdiction, GYG will provide a gift card of equivalent value instead of cash. Payments will be made to the submitter of the winning Entry or, if the submitter is a minor, to the parent or legal guardian of the submitter of the winning Entry.
If you are a minor, then your parent or legal guardian must reaffirm all rights and obligations contained in these Official Rules and sign the Winner Declaration & Release Agreement.
To claim any prize, you also grant GYG and its agents, to the extent allowable by law, the perpetual and irrevocable right to use your Entry, name, city of residence, image, voice, likeness, comments, chats, statements and biographical material, as well as any additional photographic images, video images, portraits, interviews or other materials provided by you and arising out of your participation in this Contest in any media throughout the universe for any proper purpose, without limitation, and without additional review, compensation, or approval from you or any other party.
Prizes are subject to applicable national, state, and local income tax. Each winner shall be responsible for reporting and paying the individual income tax generated from the prize to relevant tax authorities.
GENERAL CONDITIONS
By participating in this contest, you agree to be bound by these Official Rules and the decisions of the judges, which are final on all matters pertaining to the contest, and you waive any right to claim ambiguity in these Official Rules.
If you engage in the live chat function on the GYG App, you agree that you will not post any messages that are vulgar, inappropriate, discriminatory, abusive, or offensive to others. Your Entry may be disqualified if any of your messaging is found to have violated this provision, in the reasonable opinion of the judges.
If for any reason the Contest is not capable of running as planned, including without limitation, hacking, infection by computer virus, bugs, tampering, unauthorized intervention, cheating, fraud, technical failures, DOS attacks, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the contest, GYG reserves the right, at its sole discretion, to modify or terminate the Contest. GYG reserves the right, in its sole and absolute discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Contest; (b) violating these Official Rules; (c) acting in an unsportsmanlike or disruptive manner, or with intent to abuse, threaten, or harass any other person; or (d) attracts publicity which in the reasonable opinion of Lead Judge has an adverse effect upon the status or reputation of this Contest or of GYG. Any complaints of inappropriate behavior may be brought to the attention of GYG at support@gifyourgame.com and the complaint will be investigated. Retaliation against anyone who brings a complaint or cooperates in the investigation of a compliant is strictly prohibited.
If any provision of these Official Rules shall be deemed to violate any federal, state or local law, such provision shall be deemed to be amended to conform to such law and all other provisions shall remain in full force and effect. The interpretation and enforcement of these Official Rules will be governed by the laws of the State of California, USA.
LIMITATIONS OF LIABILITY AND RELEASE
No liability or responsibility is assumed by GYG, or any of its parent companies, subsidiary companies, investors, affiliates, successors, assigns, Contest judges, contractors, and their respective employees, agents, and contractors ("Released Parties") resulting from your or any other user’s participation in or attempt to participate in the Contest or ability or inability to register, upload, or download any information in connection with the Contest. No responsibility or liability is assumed by the Released Parties for technical problems or technical malfunction arising in connection with any occurrence, including, but limited to software, hardware, or network issues which may affect the operation of the Contest.
None of the Released Parties are responsible or liable for any injury, damage, or loss of any kind which may be sustained by you or any other user or any third party, regardless of whether or not the third party is participating in the Contest, using the GYG App, or downloading any information from the GYG App. None of the Released Parties shall be liable in the event that any portion of the Contest is cancelled by GYG.
You agree that the releases in these Official Rules are intended to apply to all claims whether or not known or suspected to exist with the intent of waiving the effect of California Civil Code Section 1542 and other laws requiring the intent to release future unknown claims. You represent and warrant that you are familiar with Section 1542 of the California Civil Code, which provides as follows:
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially effected his or her settlement with the debtor. With full awareness of and understanding of this provision, you waive and voluntarily relinquish any right or benefit You may have under Section 1542 of the California Civil Code, and any similar provision of statutory or non-statutory law of any other jurisdiction, to the fullest extent that you may lawfully waive all such rights and benefits pertaining to the subject matter of these Official Rules.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE GYG APP OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION. SHOULD SUCH AN ATTEMPT BE MADE, GYG RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS' FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
DISPUTE RESOLUTION
Except with respect to the protection and enforcement of the intellectual property rights of GYG and its rights to seek and/or obtain injunctive or equitable relief, any claim, cause of action or proceeding arising out of or relating to the Official Rules or the Contest shall be resolved by mandatory, binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The arbitration shall be conducted in accordance with the Federal Arbitration Act, and not any state law concerning arbitration, shall apply. The arbitration award shall be final and exclusive, and the prevailing party in the arbitration may file an action in court to confirm and to enforce the arbitration award. Any such action, or any claim, cause of action or proceeding not subject to arbitration as set forth in this Section, shall be filed and adjudicated in a state or federal court in Los Angeles County, California, and all parties agree to submit to the personal jurisdiction of those courts. Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred and, subject to applicable law, never shall include consequential, incidental or punitive damages, and in no event attorneys' fees or costs. Entrants irrevocably waive any rights to seek and/or obtain injunctive or other equitable relief and any defense of forum non conveniens. Further, any and all disputes, claims and causes of action arising out of or connected with the Contest, or any Prize awarded, will be resolved individually, without resort to any form of class action.
INDEMNIFICATION AND HOLD HARMLESS
You agree to indemnify and hold the Released Parties harmless from and against 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 Released Parties due to or arising out of or reasonably related to your participation in the Contest, including, but not limited to, bodily injury, death, property damage, violation or infringement of trademark, copyright, or other intellectual property rights, right of publicity, right of privacy and defamation.
WINNERS LISTS & QUESTIONS
The names of the winners will be available on the GYG App for at least sixty (60) days after the completion of the contest. Please direct any questions to support@gifyourgame.com
GYG ADDRESS:
1540 7th Street, Suite 300, Santa Monica, CA 90401
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