BY ENTERING, PARTICIPATING AND/OR VOTING IN THIS CONTEST, VOTERS, AND
CONTESTANTS (INCLUSIVE OF ALL FINALISTS AND WINNERS) ACCEPT AND
UNCONDITONALLY AGREE TO ABIDE BY AND BE BOUND BY THESE OFFICIAL RULES AND
TERMS AND CONDITIONS, AS WELL AS ANY DECISION OF OPERATOR. PLEASE READ THE
FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED PARTICIPATION IN THIS
CONTEST WILL INDICATE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET
FORTH BELOW, AS WELL AS OPERATOR’S (AS DEFINED BELOW) TERMS OF SERVICE. IF YOU
DO NOT AGREE TO BE BOUND BY THESE OFFICIAL RULES AND TERMS AND CONDITIONS,
PLEASE DISCONTINUE YOUR PARTICIPATION IN THE CONTEST AS A VOTER, AND/OR A
CONTESTANT (INCLUDING IF YOU ARE A FINALIST AND/OR WINNER).
1. NO PURCHASE NECESSARY TO ENTER, PARTICIPATE OR WIN.
2. OPERATOR: Ben Group Inc.’s TubeBuddy, located at 14724 Venture Blvd, Suite 1200, Sherman Oaks 91403 (“Operator”) solely administers https://www.tubebuddy.com/p/designcontest (the “Website”) and the associated Creator Design Contest (“Contest”). Operator can be contacted at support@tubebuddy.com.
3. ELIGIBILITY: The awards are open to any user that is registered with TubeBuddy (together, with any individual(s) with whom they collaborate to create a Submission (defined below) “Contestant(s)”). Participation in the Contest is open to all Contestants who are at least eighteen (18) years of age or have otherwise obtained consent of a parent or legal guardian to participate. Operator employees, contractors and/or immediate family members of the Operator’s employees or contractors are ineligible to participate.
4. SUBMISSION PROCESS: Entries will be accepted via an online form available on the awards’ official Website at https://www.tubebuddy.com/p/designcontest, beginning August 1, 2023 at 6:00am PT Pacific Standard Time, through August 22, 2023 at 11:59pm PT Pacific Standard Time, whereby Contestants must fill out the online form in its entirety, and submit a design (“Submission(s)”). By entering the Contest, Contestant represents the Submission is an original work designed and created entirely by Contestant, and further represents the Submission does not infringe on or incorporate any third-party intellectual property rights.
5. JUDGING: Operator will review all Submissions and select, in its sole, absolute, and complete discretion, which Submissions will become finalists (“Finalist(s)”) based on the following criteria: creativity, originality, technical skill, marketability, conceptual clarity, relevance to Operator’s brand, and overall impact. Once Finalists are chosen, Finalist Submissions will be posted to https://www.tubebuddy.com/p/designcontest. Voting will then open to the public to choose the winning Submission (“Winner”). Voters (including Contestants) are entitled to one (1) vote during the Contest. Use of any robotic, automatic, programmed, or similar entry method or entering more than the number of times permitted will void all entries and result in disqualification. Voters and Contestants may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules.
6. CONTEST SCHEDULE: All dates set forth in these Rules/Terms and Conditions are approximate. Operator reserves the right to modify or extend any deadlines.
7. NOTIFICATION: Finalists will be publicly announced on the Operator’s website and/or social media channels. The Winner will be notified via email. The Winner must then provide an address to receive the Prize Package (defined below). If the Winner does not respond with an address within four days, the Operator reserves the right to select an alternative winner.
8. PRIZE PACKAGE: The Winner will receive Five Hundred United States Dollars ($500 USD), one (1) TubeBuddy Legend License, select TubeBuddy merchandise, and recognition on Operator’s website, social media channels and promotional materials (together, the “Prize Package”). The Prize Package is valued at approximately One Thousand United States Dollars ($1,000.00 USD). The odds of winning the Prize Package are approximately one in eleven thousand (1/11,000).
9. CONTENT LICENSE: By submitting an entry, each Contestant, inclusive of the Finalists and Winner, grants to Operator a worldwide, royalty free, sublicensable, fully paid-up license to use, distribute, display, modify, create derivative works from, and reproduce each Submission in perpetuity, including but not limited to: (i) reposting the Submission on Operator’s owned and/or operated websites, social media channels, and marketing and promotional materials (“Channels”), (ii) organically uploading a raw asset of the Submission in either its unmodified form, or in a compilation with other social media content on Operator’s channels, and (iii) printing the Submission on any and all Operator merchandise for sale. Without limiting the generality of the foregoing, nothing contained in these Terms shall constitute a guarantee that any Submission shall be used in any manner by Operator.
10. CONDUCT: Failure to comply with these Rules/Terms and Conditions may result in disqualification. Operator reserves the right, in its sole discretion, to disqualify any individual participating in the Contest as a Contestant or a voter, including the voiding of votes, for reasons including: (a) acting in any manner deemed by Operator to be in violation of these Rules/Terms and Conditions, including providing Operator with false or misleading information; (b) acting in any manner deemed by Operator to be unsportsmanlike, disruptive, and/or with intent to annoy, abuse, threaten, or harass any other person, or (c) acting in any manner that is fraudulent, deceptive, misleading, or morally reprehensible, as determined in Operator’s sole discretion. Operator also reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry or voting process(es), or the operation of the Contest. ANY ACTION BY A VOTER, CONTESTANT, OR ANY OTHER INDIVIDUAL WHICH DAMAGES OR UNDERMINES THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH ACTION BE TAKEN, OPERATOR RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, OUTSIDE ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
11. CHOICE OF LAW AND FORUM: Entrant agrees that all matters arising out of or relating to this sweepstakes and these Official Rules are governed by, and construed in accordance with, the laws of California, without giving effect to any of its conflict of law’s provisions thereof. Entrant further agrees that any legal suit, action, or proceeding arising out of or relating to this sweepstakes and these Official Rules shall be brought exclusively in the applicable federal or state courts located in Los Angeles, California.
12. PRIVACY: Information submitted with an entry is subject to Operator’s Privacy Policy stated on https://www.tubebuddy.com/privacy. To read the Privacy Policy, click here.
13. WAIVER AND LIMITATION OF LIABILITY: PARTICIPANTS (TO INCLUDE CONTESTANTS, VOTERS, AND WINNERS) AGREE THAT, IN NO EVENT, SHALL OPERATOR, PROMOTION ENTITIES, CONTEST SPONSORS, OR ANY PRIZE PACKAGE PROVIDER (COLLECTIVELY THE “CONTEST ENTITIES”), WHICH INCLUDES THE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS OF EACH, BE LIABLE OR OBLIGATED TO AN ENTRANT, VOTER, WINNER, OR ANY THIRD PARTY IN ANY MANNER FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES OF ANY KIND IN ANY WAY RELATED TO THE CONTEST, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND OUTSIDE ATTORNEYS’ FEES. THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY.
ALL PARTICIPANTS RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CONTEST ENTITIES FROM AND AGAINST ANY AND ALL LIABILITY, WITH RESPECT TO, OR IN ANY WAY ARISING FROM, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, THIS CONTEST, PUBLICATION OR USE OF THE SUBMITTED VIDEOS OR ADDITIONAL VIDEOS AND/OR PHOTOGRAPHS, CONTESTANTS’ NAMES AND LIKENESSES, AND/OR ACCEPTANCE, USE, MISUSE, LOSS, OR MISDIRECTION OF THE PRIZE PACKAGE, INCLUDING LIABILITY FOR PERSONAL INJURY, DEATH, DAMAGES, OR MONETARY LOSS. By participating in the Contest, Participants further agree to release and hold harmless the Contest Entities from and against any claim: (a) of ambiguity or error in the Contest, these Rules/Terms and Conditions, or the privacy policy; (b) related to lost, late, incomplete, or misdirected entries or votes; (c) for injuries, damages or losses (including death) of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse, use, loss, or misdirection of any prize, or participation in any Contest-related activity or participation in this Contest; (d) for copyright infringement or violation of the right of publicity based on use of the Submissions by Operator; or (e) due to any error in the offering or announcement of any prize.
PARTICIPANTS FURTHER AGREE THAT ALL DECISIONS OF OPERATOR SHALL BE FINAL AND CONCLUSIVE ON ALL MATTERS RELATING TO THE CONTEST AND THAT THE CONTEST ENTITIES ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE ENTRY INFORMATION, HUMAN ERROR, TECHNICAL MALFUNCTION, FAILURES, OMISSION, INTERRUPTION, DELETION, OR DEFECT OF ANY TELEPHONE NETWORK, COMPUTER ONLINE SYSTEMS, COMPUTER EQUIPMENT, SERVERS, ACCESS PROVIDERS, OR SOFTWARE, INCLUDING ANY INJURY OR DAMAGE TO PARTICIPANTS OR ANY OTHER PERSONS’ COMPUTER RELATING TO OR RESULTING FROM PARTICIPATION IN THIS CONTEST, INABILITY TO ACCESS THE ENTRY WEBSITE OR ANY PAGES THEREOF, THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF ENTRIES, ENTRY SUBMISSIONS THAT ARE PROCESSED LATE OR INCORRECTLY OR ARE INCOMPLETE, GARBLED, OR LOST DUE TO COMPUTER OR ELECTRONIC MALFUNCTION OR TRAFFIC CONGESTION ON THE INTERNET OR ANY WEBSITE. PROOF OF ENTERING INFORMATION ON THE WEBSITE IS NOT CONSIDERED PROOF OF DELIVERY OR RECEIPT.
PARTICIPANTS ACKNOWLEDGE AND AGREE THAT OPERATOR DOES NOT MONITOR FOR OFFSITE ACTIVITY AND IS IN NO WAY RESPONSIBLE FOR MANAGING OR CONTROLLING OFF-SITE ACTIVITY VIA SOCIAL MEDIA AND/OR OTHER THIRD-PARTY PLATFORMS, INCLUDING BUT NOT LIMITED TO NEGATIVE AND DISPARAGING CORRESPONDENCE BETWEEN CONTESTANTS AND VOTERS, OFFSITE VOTE INCENTIVES, MISLEADING OR DECEPTIVE PROMOTIONAL TACTICS, OR ANY OTHER BEHAVIORS CONSIDERED TO BE MISLEADING OR UNSPORTSMANLIKE.
14. CHANGES TO THIS AGREEMENT: The organizer reserves the right to modify or cancel the award or these Terms and Conditions at any time, without notice.
15. SEVERABILITY: If any term or provision in these Terms and Conditions or Tube Buddy’s Privacy Policy is determined by a competent authority to be unenforceable, all other terms and provisions of these Terms and Conditions and the Privacy Policy shall continue in full force and effect.
16. CONTACT INFORMATION: If you have any questions or comments about the Contest as outlined above, or would like to request the name of the Winner, please contact Operator at support@tubebuddy.com .
1. NO PURCHASE NECESSARY TO ENTER, PARTICIPATE OR WIN.
2. OPERATOR: Ben Group Inc.’s TubeBuddy, located at 14724 Venture Blvd, Suite 1200, Sherman Oaks 91403 (“Operator”) solely administers https://www.tubebuddy.com/p/designcontest (the “Website”) and the associated Creator Design Contest (“Contest”). Operator can be contacted at support@tubebuddy.com.
3. ELIGIBILITY: The awards are open to any user that is registered with TubeBuddy (together, with any individual(s) with whom they collaborate to create a Submission (defined below) “Contestant(s)”). Participation in the Contest is open to all Contestants who are at least eighteen (18) years of age or have otherwise obtained consent of a parent or legal guardian to participate. Operator employees, contractors and/or immediate family members of the Operator’s employees or contractors are ineligible to participate.
4. SUBMISSION PROCESS: Entries will be accepted via an online form available on the awards’ official Website at https://www.tubebuddy.com/p/designcontest, beginning August 1, 2023 at 6:00am PT Pacific Standard Time, through August 22, 2023 at 11:59pm PT Pacific Standard Time, whereby Contestants must fill out the online form in its entirety, and submit a design (“Submission(s)”). By entering the Contest, Contestant represents the Submission is an original work designed and created entirely by Contestant, and further represents the Submission does not infringe on or incorporate any third-party intellectual property rights.
5. JUDGING: Operator will review all Submissions and select, in its sole, absolute, and complete discretion, which Submissions will become finalists (“Finalist(s)”) based on the following criteria: creativity, originality, technical skill, marketability, conceptual clarity, relevance to Operator’s brand, and overall impact. Once Finalists are chosen, Finalist Submissions will be posted to https://www.tubebuddy.com/p/designcontest. Voting will then open to the public to choose the winning Submission (“Winner”). Voters (including Contestants) are entitled to one (1) vote during the Contest. Use of any robotic, automatic, programmed, or similar entry method or entering more than the number of times permitted will void all entries and result in disqualification. Voters and Contestants may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules.
6. CONTEST SCHEDULE: All dates set forth in these Rules/Terms and Conditions are approximate. Operator reserves the right to modify or extend any deadlines.
- August 1, 2023 – Submissions open.
- August 22, 2023 – Submissions close.
- August 25, 2023 – Operator chooses Finalists based on the above criteria.
- August 28, 2023 – Public voting will open to vote among Finalists.
- September 1, 2023 – Public voting closes.
- September 5, 2023 – Winner will be announced.
7. NOTIFICATION: Finalists will be publicly announced on the Operator’s website and/or social media channels. The Winner will be notified via email. The Winner must then provide an address to receive the Prize Package (defined below). If the Winner does not respond with an address within four days, the Operator reserves the right to select an alternative winner.
8. PRIZE PACKAGE: The Winner will receive Five Hundred United States Dollars ($500 USD), one (1) TubeBuddy Legend License, select TubeBuddy merchandise, and recognition on Operator’s website, social media channels and promotional materials (together, the “Prize Package”). The Prize Package is valued at approximately One Thousand United States Dollars ($1,000.00 USD). The odds of winning the Prize Package are approximately one in eleven thousand (1/11,000).
9. CONTENT LICENSE: By submitting an entry, each Contestant, inclusive of the Finalists and Winner, grants to Operator a worldwide, royalty free, sublicensable, fully paid-up license to use, distribute, display, modify, create derivative works from, and reproduce each Submission in perpetuity, including but not limited to: (i) reposting the Submission on Operator’s owned and/or operated websites, social media channels, and marketing and promotional materials (“Channels”), (ii) organically uploading a raw asset of the Submission in either its unmodified form, or in a compilation with other social media content on Operator’s channels, and (iii) printing the Submission on any and all Operator merchandise for sale. Without limiting the generality of the foregoing, nothing contained in these Terms shall constitute a guarantee that any Submission shall be used in any manner by Operator.
10. CONDUCT: Failure to comply with these Rules/Terms and Conditions may result in disqualification. Operator reserves the right, in its sole discretion, to disqualify any individual participating in the Contest as a Contestant or a voter, including the voiding of votes, for reasons including: (a) acting in any manner deemed by Operator to be in violation of these Rules/Terms and Conditions, including providing Operator with false or misleading information; (b) acting in any manner deemed by Operator to be unsportsmanlike, disruptive, and/or with intent to annoy, abuse, threaten, or harass any other person, or (c) acting in any manner that is fraudulent, deceptive, misleading, or morally reprehensible, as determined in Operator’s sole discretion. Operator also reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry or voting process(es), or the operation of the Contest. ANY ACTION BY A VOTER, CONTESTANT, OR ANY OTHER INDIVIDUAL WHICH DAMAGES OR UNDERMINES THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH ACTION BE TAKEN, OPERATOR RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, OUTSIDE ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
11. CHOICE OF LAW AND FORUM: Entrant agrees that all matters arising out of or relating to this sweepstakes and these Official Rules are governed by, and construed in accordance with, the laws of California, without giving effect to any of its conflict of law’s provisions thereof. Entrant further agrees that any legal suit, action, or proceeding arising out of or relating to this sweepstakes and these Official Rules shall be brought exclusively in the applicable federal or state courts located in Los Angeles, California.
12. PRIVACY: Information submitted with an entry is subject to Operator’s Privacy Policy stated on https://www.tubebuddy.com/privacy. To read the Privacy Policy, click here.
13. WAIVER AND LIMITATION OF LIABILITY: PARTICIPANTS (TO INCLUDE CONTESTANTS, VOTERS, AND WINNERS) AGREE THAT, IN NO EVENT, SHALL OPERATOR, PROMOTION ENTITIES, CONTEST SPONSORS, OR ANY PRIZE PACKAGE PROVIDER (COLLECTIVELY THE “CONTEST ENTITIES”), WHICH INCLUDES THE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS OF EACH, BE LIABLE OR OBLIGATED TO AN ENTRANT, VOTER, WINNER, OR ANY THIRD PARTY IN ANY MANNER FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES OF ANY KIND IN ANY WAY RELATED TO THE CONTEST, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND OUTSIDE ATTORNEYS’ FEES. THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY.
ALL PARTICIPANTS RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CONTEST ENTITIES FROM AND AGAINST ANY AND ALL LIABILITY, WITH RESPECT TO, OR IN ANY WAY ARISING FROM, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, THIS CONTEST, PUBLICATION OR USE OF THE SUBMITTED VIDEOS OR ADDITIONAL VIDEOS AND/OR PHOTOGRAPHS, CONTESTANTS’ NAMES AND LIKENESSES, AND/OR ACCEPTANCE, USE, MISUSE, LOSS, OR MISDIRECTION OF THE PRIZE PACKAGE, INCLUDING LIABILITY FOR PERSONAL INJURY, DEATH, DAMAGES, OR MONETARY LOSS. By participating in the Contest, Participants further agree to release and hold harmless the Contest Entities from and against any claim: (a) of ambiguity or error in the Contest, these Rules/Terms and Conditions, or the privacy policy; (b) related to lost, late, incomplete, or misdirected entries or votes; (c) for injuries, damages or losses (including death) of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse, use, loss, or misdirection of any prize, or participation in any Contest-related activity or participation in this Contest; (d) for copyright infringement or violation of the right of publicity based on use of the Submissions by Operator; or (e) due to any error in the offering or announcement of any prize.
PARTICIPANTS FURTHER AGREE THAT ALL DECISIONS OF OPERATOR SHALL BE FINAL AND CONCLUSIVE ON ALL MATTERS RELATING TO THE CONTEST AND THAT THE CONTEST ENTITIES ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE ENTRY INFORMATION, HUMAN ERROR, TECHNICAL MALFUNCTION, FAILURES, OMISSION, INTERRUPTION, DELETION, OR DEFECT OF ANY TELEPHONE NETWORK, COMPUTER ONLINE SYSTEMS, COMPUTER EQUIPMENT, SERVERS, ACCESS PROVIDERS, OR SOFTWARE, INCLUDING ANY INJURY OR DAMAGE TO PARTICIPANTS OR ANY OTHER PERSONS’ COMPUTER RELATING TO OR RESULTING FROM PARTICIPATION IN THIS CONTEST, INABILITY TO ACCESS THE ENTRY WEBSITE OR ANY PAGES THEREOF, THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF ENTRIES, ENTRY SUBMISSIONS THAT ARE PROCESSED LATE OR INCORRECTLY OR ARE INCOMPLETE, GARBLED, OR LOST DUE TO COMPUTER OR ELECTRONIC MALFUNCTION OR TRAFFIC CONGESTION ON THE INTERNET OR ANY WEBSITE. PROOF OF ENTERING INFORMATION ON THE WEBSITE IS NOT CONSIDERED PROOF OF DELIVERY OR RECEIPT.
PARTICIPANTS ACKNOWLEDGE AND AGREE THAT OPERATOR DOES NOT MONITOR FOR OFFSITE ACTIVITY AND IS IN NO WAY RESPONSIBLE FOR MANAGING OR CONTROLLING OFF-SITE ACTIVITY VIA SOCIAL MEDIA AND/OR OTHER THIRD-PARTY PLATFORMS, INCLUDING BUT NOT LIMITED TO NEGATIVE AND DISPARAGING CORRESPONDENCE BETWEEN CONTESTANTS AND VOTERS, OFFSITE VOTE INCENTIVES, MISLEADING OR DECEPTIVE PROMOTIONAL TACTICS, OR ANY OTHER BEHAVIORS CONSIDERED TO BE MISLEADING OR UNSPORTSMANLIKE.
14. CHANGES TO THIS AGREEMENT: The organizer reserves the right to modify or cancel the award or these Terms and Conditions at any time, without notice.
15. SEVERABILITY: If any term or provision in these Terms and Conditions or Tube Buddy’s Privacy Policy is determined by a competent authority to be unenforceable, all other terms and provisions of these Terms and Conditions and the Privacy Policy shall continue in full force and effect.
16. CONTACT INFORMATION: If you have any questions or comments about the Contest as outlined above, or would like to request the name of the Winner, please contact Operator at support@tubebuddy.com .
by TubeBuddy as part of