THE VENMO + BITMOJI CONTEST OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
A VENMO ACCOUNT IN GOOD STANDING IS REQUIRED TO PARTICIPATE AND RECEIVE A PRIZE. YOUR PARTICIPATION IS SUBJECT TO THE TERMS AND CONDITIONS OF THE VENMO USER AGREEMENT (https://venmo.com/legal/us-user-agreement/). FURTHER, BY PARTICIPATING IN THE CONTEST YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU.
THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM, LLC (“INSTAGRAM”) OR TWITTER, INC. (“TWITTER”).
OVERVIEW/CONTEST PERIOD. The Venmo + Bitmoji Contest (“Contest”) is sponsored by Venmo, a PayPal Inc. service (“Venmo” or “Sponsor”), begins 7:00 a.m. Pacific Time (“PT”) on July 11, 2019, and ends at 9:00:00 p.m. PT on July 11, 2019 (the “Contest Period”). Sponsor’s clock will be the official timekeeper for this Contest.
ELIGIBILITY. The Contest is open only to legal residents of any one (1) of the fifty (50) United States or the District of Columbia who, as of the entry date and through the time of prize award, are: (1) at least eighteen (18) years old and the age of majority in their jurisdiction of primary residence, and (2) Venmo account holders in good standing. Corporate entities are not eligible and have no right to claim any prize won by their employees. Employees, officers, directors, members, managers, representatives, and agents of the Sponsor, and their respective parents, divisions, affiliates, subsidiaries, advertising agencies or promotional partners associated with this Contest (collectively, the “Contest Entities”), and relatives of and those living in the same household as such individuals are not eligible to enter or win a prize. For the purpose of this Contest, relatives are defined as spouse, domestic partner, parent, legal guardian, legal ward, in-law, grandparent, sibling, children and grandchildren. This Contest is void in all U.S. territories (including Puerto Rico), possessions and overseas military installations and where prohibited by law. In the event of a dispute concerning the identity of a participant, the entry will be declared to have been made by the registered account holder of the Venmo account provided at the time of entry/used for entry, but only if that person meets all other eligibility criteria, otherwise the entry may be disqualified and any potential prize won will be forfeited in Sponsor’s sole discretion. Potential winner may be required to provide Sponsor with proof that he/she is the registered account holder of the Venmo account associated with a potentially winning entry. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible.
Only Entry Posts that are sent, identified and recorded on the Instagram Platform’s servers or received by Sponsor, as applicable, in accordance with the instructions above during the Contest Period will be considered. Other proof of submitting an entry (such as a printed or copied screen showing a purported Entry Post on entrant’s account feed on the Instagram Platform) does not constitute actual receipt of the entry for purposes of this Contest. Each entrant must be the rightful owner of the Twitter Platform account or Instagram Platform account utilized for entry. Each entrant should review all information entered for accuracy purposes and make all corrections necessary to inaccurate data before submitting his/her entry. Entries will not be acknowledged. Entries or participation made by any other individual or any entity or group, or originating at any web site other than as set forth specifically above, including, without limitation, through commercial promotion subscription notification or entering services, will be declared invalid and disqualified for this Contest. Entries or participation that is generated by a macro, bot, or other automated means will not be accepted and will be void.
SUBMISSION REQUIREMENTS: Entrant’s Entry Post and any accompanying content or information (collectively, “Entrant Content”) must meet all of the following requirements in Sponsor’s sole discretion or the associated entry will be disqualified:
- If Entrant Content depicts or includes any third party, entrant must have all permissions and rights from the individual depicted (and his/her parent or legal guardian, if a minor) and agrees to provide Sponsor with written confirmation of those permissions and rights upon request.
- Entrant Content must not identify, reference, or depict any company or any company’s brands, products, or services other than Sponsor (unless it is in reference to a purchase made with Venmo on a merchant partner’s mobile site or app). Entrant Content must NOT contain any commercial or corporate advertising (including, without limitation, corporate logos, brand names or artwork and slogans), recognizable branded products or commercial artwork other than Sponsor’s.
- All aspects of the Entrant Content must be originally created by and solely owned by entrant (or be in the public domain). Except for materials in the public domain, all third-party content and content unoriginal to the entrant is prohibited.
- If Entrant content does not contain a Bitmoji or does not match prompt
- Entrant Content must not infringe, misappropriate, or violate any rights of any third party including, without limitation, copyright, including moral rights, trademark, trade secret, or right of privacy or publicity.
- Entrant Content must be unpublished and not have been submitted in any other contest, promotion, or competition.
- Entrant Content must not include information or content that is false, fraudulent, deceptive, misleading, defamatory, threatening, trade libelous, slanderous, libelous, disparaging, unlawfully harassing, profane, obscene, pornographic, hateful, indecent, inappropriate or injurious to any individual, Sponsor, or any third party.
- Entrant Content must not contain or describe any harmful or illegal activity or content or in any way violate any federal, state, provincial, territorial, or local laws, rules or regulations.
- Entrant Content must be suitable for presentation in a public forum.
- Entrant Content must not suggest, depict, or describe any inappropriate, unlawful, or dangerous behavior or use of Sponsor’s or any other products or services.
- Entrant agrees that his/her participation in the Contest, agreement to these Contest Rules, and Sponsor’s display and use of the Entrant Content will not violate any agreement to which entrant is a signatory or party.
- Entrant agrees to indemnify the Contest Entities against any and all claims from any third party for any use or reuse by Sponsor of the Entrant Content.
Sponsor reserves the right in its sole discretion to disqualify from the Contest and/or remove from displaying (where applicable) or re-publishing any entry or Entrant Content that, in its sole discretion, refers, depicts, or in any way reflects negatively upon Sponsor, the Contest, or any other person or entity or does not comply with these requirements or these Official Rules.
LICENSE: By entering, except where prohibited by law, each entrant grants to the Sponsor and its agents, successors and assigns (“Licensed Entity(ies)”) in perpetuity the irrevocable, sublicensable, absolute right and permission to use, edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, separate, dub, adapt, publish, combine with other material, reuse, adapt, and exploit the content of and elements embodied in the Entrant Content and entries, and the Entrant Content and entries themselves, in any and all media, including but not limited to digital and electronic media, computer, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation. Each entrant waives and releases the Contest Entities from any and all claims that entrant may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair competition with respect to the Contest entities’ exploitation of entries without further notification or compensation to entrants of any kind, and agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Contest entities and each of their affiliates, licensees, or any other person in connection with this Contest, on the grounds that any use of any entry, or any derivative works, infringe or violate any of entrants’ rights (including MORAL RIGHTS) therein.
Each entrant acknowledges and agrees that: (a) the licensed entities may, but are not required to, attribute the Entrant Content to an entrant; (b) regardless of whether entrant is selected as a winner, his/her Entrant Content may be shared, posted, linked to, or otherwise used online or elsewhere by others solely by virtue of posting it in connection with this Contest (c) nothing in these Official Rules will require a Licensed Entity to use the Entrant Content in part or in whole or to include the Entrant Content in any Licensed Entity-related property, including, without limitation, any Licensed Entities’ web site or any other online or offline property; (d) the relationship between the entrant and any of the Contest entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to submit his/her Entrant Content for purposes of the Contest does not place any of the Contest entities in a position that is any different from the position held by members of the general public with regard to elements of the Entrant Content, other than as set forth in these Official Rules, (e) the Licensed Entities have wide access to ideas and other materials and that many ideas may be competitive with, similar to, or identical to his/her Entrant Content and/or each other in idea, ingredients, format, or other respects and entrant will not be entitled to any compensation or right to negotiate as a result of any Licensed Entities’ use of any such similar or identical material that has or may come to Sponsor from other sources; (f) that the Contest entities do not now and will not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the entrant’s copyright in and to his/her Entrant Content; and (g) with respect to any claim by entrant relating to or arising out of any Licensed Entity’s actual or alleged exploitation or use of any Entrant Content or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any Licensed Entity property or production, and entrant’s rights and remedies in any such event are strictly limited to the right to recover damages, if any, in an action at law.
ODDS/SELECTION OF WINNER: Winners in the following four (4) categories will be selected: 4th place (up to 175 winners) who receive a score of at least 3 out of a 10 points scale, 3rd place (up to 100 winners) who receive a score of at least 5 out of a 10 point scale, 2nd place (up to 65 winners) who receive a score of at least 7 out of a 10 points scale, and 1st place (up to 25 winners) who receive a score of at least 9 out of a 10 points scale. Eligible Entrant Content will be judged by a panel of judges chosen in Sponsor’s sole discretion (“Judges”), based on the following criteria according to the weights indicated: Creativity and Originality (e.g., the payment note plus Bitmoji goes above and beyond the standard payment note, stands out and should elicit a positive emotion or reaction) (60%) ; Alignment with Venmo brand values (positive, encouraging, playful, connecting with friends, a little offbeat) (20%) and ; Clarity and Quality of Submission (intent and meaning of payment note plus Bitmoji is clear, clearly put in time & effort, high quality and readable) (20%); (“Criteria”). Sponsor will decide the category(ies) into which Entry Posts fall, in its sole discretion. Up to 365 entrants whose Entrant Content receive the highest scores in each category after the Criteria are applied will be the potential winners, subject to verification. Sponsor reserves the right to contact entrants for verification purposes and administration of the Contest. All Judges’ decisions are final and binding in all matters relating to this Contest. In the event of a tie in selecting either of the winners for any given category, such winner will be the entrant whose Entrant Content receives the higher score in the Creativity of Submission criteria Sponsor will notify the potential winners on or about July 15, 2019 via a reply or direct message on the platform used for entry, in Sponsor’s sole discretion. Such notification will contain instructions for the next steps in the winner verification process which includes asking for the phone numbers associated with their Venmo account, which must be sent via direct message to @Venmo on the platform used for entry by July 15, 2019.
If any prize, prize notification or Contest-related communication is rejected, faulty, or returned as undeliverable, if a potential winner does not respond according to the notification’s or Sponsor’s instructions, if a winner cannot participate in any portion of the prize, or if a potential winner cannot be reached after a reasonable attempt has been made by Sponsor (as determined by Sponsor in its sole discretion) or does not respond according to the notification’s or Sponsor’s instructions, that winner or potential winner may be disqualified and an alternate winner may be selected in accordance with the selection procedures described above. Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner, if any. Upon prize forfeiture, no compensation will be given and Sponsor will have no responsibility or liability to that entrant. To claim a prize, each winner must follow the directions in his or her notification.
PRIZE/APPROXIMATE RETAIL VALUE (“ARV”): PRIZES, QUANTITY AND APPROXIMATE RETAIL VALUE (“ARV”): Winners in each of the four (4) categories, subject to verification, will each receive a prize, as follows; 4th place prize is ten dollars ($10), 3rd place prize is twenty-five dollars ($25), 2nd place prize is fifty dollars ($50), and 1st place prize is one hundred dollars ($100)USD , paid out to each winner’s Venmo account via the handle “Venmo Treat”. Total ARV of the prizes in this Contest: $10,000 USD.
Venmo accounts must remain in good standing through the time of prize award. Prize amounts will be paid on or about July 15, 2019, subject to winner verification.
All prize details not specified in these Official Rules will be determined in Sponsor’s sole discretion. Sponsor is not responsible for and winner will not receive the difference, if any, between the actual value of the prize at the time of award and the stated ARV in these Official Rules or in any Contest-related correspondence or materials. If legitimately claimed, the prize will be awarded. Sponsor will not replace any lost, mutilated or stolen prize or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address or other contact information. If winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. No transfers, prize substitutions or cash redemptions will be made, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the stated prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including, without limitation, prize unavailability. No more than the stated prize will be awarded. Winner is strictly prohibited from selling, auctioning, trading or otherwise transferring any part of the prize.
TAXES: All applicable taxes (as well as any expenses not specified in these Official Rules as being provided as part of the prize) are the sole responsibility of the prize recipient. Federal IRS 1099-MISC or other tax forms may be issued where required.
LIMITATION OF LIABILITY: EACH ENTRANT agreeS TO RELEASE, HOLD HARMLESS AND INDEMNIFY THE CONTEST ENTITIES, Instagram and Twitter FOR ANY liability whatsoever for injuries or damages of any kind sustained in connection with the use, acceptance, possession, MISUSE or awarding of THE prize, while preparing for, participating in and/or traveling to or from any prize- OR CONTEST-related activity, including, without limitation, any injury, damage, death, loss, OR accident to person or property. EACH WINNER AGREES (AS BETWEEN WINNER AND THE CONTEST ENTITIES) THAT THe PRIZE IS PROVIDED AS-IS WITHOUT ANY warranty, representation or guarantee, express or implied, in fact or in law, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, relative to the use or enjoyment of the prize, including, without limitation, ITS quality, merchantability or fitness for a particular purpose. EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS: “CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. 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 AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
ADDITIONAL DISCLAIMERS: Contest Entities are not responsible and/or liable for any of the following, whether caused by a Contest Entity, the participant or by human error: (a) entries that are submitted by illegitimate means or in excess of the stated limit; (b) any lost, late, incomplete, forged, altered, illegible, mutilated, illegitimate, garbled, illegible, or misdirected participation, e-mail, mail, submissions, Contest-related correspondence or materials or postage-due mail, or entries (and any such entries will be void); (c) any error, omission, interruption, defect, or delay in transmission or communication; (d) viruses or technical or mechanical malfunctions, failures or unavailability of any kind; (e) errors, typos or misprints in these Official Rules, in any Contest-related advertisements or other materials; (f) electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages; (g) if an entrant’s e-mail address, telephone, or other contact information does not work or is changed without entrant giving prior written notice to Sponsor; or (h) any changes or unavailability of the Venmo app, Instagram or Twitter that may interfere with the Contest; or (i) ability of entrant to timely enter, receive notices or communicate with Sponsor. Without limiting any other provision in the Applicable Terms, Contest Entities are not responsible or liable to any participant or any person claiming through such participant for failure to supply an prize or any part thereof in the event that any of the Contest activities or the Contest Entities operations or activities are affected, as determined by the Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, national, federal, state, provincial, territorial, or local government authority, or any other cause, whether or not specifically mentioned above.
10.PUBLICITY. By entering the Contest (except where prohibited by law), each entrant grants the Sponsor the irrevocable, sublicensable, absolute right and permission to use, publish, post or display his or her name, photograph, likeness, voice, prize information, biographical information, any quotes attributable to him or her and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in Sponsor’s sole discretion) for advertising, trade, promotional and publicity purposes without further obligation or compensation of any kind to him or her, anywhere, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet), world-wide, without any limitation of time and without notice, review or approval and each entrant releases all Contest Entities from any and all liability related thereto. Nothing contained in the Applicable Terms obligates Sponsor to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use.
ENFORCEMENT OF AND COMPLIANCE WITH APPLICABLE TERMS: Sponsor’s decisions will be final in all matters relating to this Contest, including interpretation of the Applicable Terms, determination of the recipients, and distribution of the prizes. All participants, as a condition of entry, agree to be bound by and comply with the Applicable Terms and the decisions and instructions of Venmo. Failure to comply with the Applicable Terms may result in disqualification from this Contest. Venmo’s failure to or decision not to enforce any provision in the Applicable Terms will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials and/or the Applicable Terms (including any alleged discrepancy or inconsistency in or between the Applicable Terms), it will be resolved in Venmo’s sole discretion. Participants waive any right to claim ambiguity in the Contest or the Applicable Terms. The invalidity or unenforceability of any provision of the Applicable Terms will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, the Applicable Terms will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
CANCELLATION, MODIFICATION, SUSPENSION, DISQUALIFICATION EVENTS: In its sole discretion, Venmo reserves the right to: (a) void participation of any participant who Venmo believes has attempted to tamper with or impair the administration, security, fairness or proper play of this Contest; (b) disqualify any participant at any time (even if disqualified winner or potential winner may have been notified or displayed or announced anywhere), if Venmo determines at any time in its sole discretion that such participant is ineligible, in violation of the Applicable Terms, or engaging in behavior that Venmo deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person; (c) restrict or void online entries or participation from any IP address if any suspicious entry and/or participation is detected; (d) cancel, modify or suspend the Contest and distribute the prize in a manner deemed fair and appropriate by Venmo if the Contest is not capable of running as planned for any reason; (e) disqualify any participant that supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of the Applicable Terms in an attempt to obtain any prize (and in such case, that person may be prosecuted to the full extent of the law). Participants agree to not damage or cause interruption of the Contest and/or prevent others from participating in the Contest. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE SWEEPSATKES MAY VIOLATE CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, VENMO MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
WINNER’S LIST/OFFICIAL RULES. To find out who won, email email@example.com within (3) months of the end of the Venmo + Bitmoji Contest Period.
THE SPONSOR OF THIS CONTEST IS: Venmo, a PayPal, Inc. service, 117 Barrow St., New York, NY 10014.