PLAYBOY® MISS SOCIAL OFFICIAL RULES
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THE PLAYBOY® MISS SOCIAL NON-NUDE CHALLENGE (“the Contest” or the “Miss Social Challenge”). Void in Malaysia, China, India, Cuba, Iran, and Syria and where prohibited by law, regulation, or ordinance. The Miss Social Challenge is also void as to employees of the governments of Belarus, Cote d’Ivoire (Ivory Coast), the Democratic Republic of the Congo, Somalia, Lebanon, North Korea, Sudan, Yemen, and Zimbabwe. Subject to all federal, state, regional, provincial and local laws, regulations, and ordinances.
BY PARTICIPATING IN THE MISS SOCIAL CHALLENGE, CONTESTANTS AND JUDGES (“PARTICIPANTS”) FULLY AND UNCONDITIONALLY AGREE TO AND ACCEPT THESE OFFICIAL RULES AND THE DECISIONS OF PLAYBOY ENTERPRISES INC. (“SPONSOR”), WHICH ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE MISS SOCIAL CHALLENGE. WINNING IS CONTINGENT UPON FULFILLING ALL REQUIREMENTS SET FORTH HEREIN.
1. MISS SOCIAL CHALLENGE PERIOD:
The Miss Social Challenge begins at 9:00 am Pacific Standard Time (“PST”) on the first day of every month and ends at 12:30 pm PST on the last day of that month (The “Challenge Period”). Sponsor’s computer is the official time-keeping device for the Miss Social Challenge.
The Miss Social Challenge is open to women who meet the following criteria (“Contestants”):
- MUST be at least eighteen (18) years old or the age of majority in their jurisdiction of permanent residence, whichever is greater, at the start of the monthly Miss Social Challenge (Note that the age of majority is nineteen (19) years of age in Alabama, Wyoming and Nebraska, twenty-one (21) years in Mississippi).
- MUST be a legal resident of a jurisdiction that eligible to participate in the Miss Social Challenge, and MUST NOT be a legal resident of Malaysia, China, India, Cuba, Iran and Syria; or an employee of the government of Belarus, Cote d’Ivoire (Ivory Coast), the Democratic Republic of the Congo, Somalia, Lebanon, North Korea, Sudan, Yemen, or Zimbabwe; or a resident of a jurisdiction where the Miss Social Challenge is prohibited by law, regulation, or ordinance.
- MUST NOT have appeared in Playboy, including Playboy Magazine, International versions of Playboy Magazine, Playboy ‘Special Editions.’ This also includes Playboy.com and its online affiliates, including but not limited to: Cyber Girls, Playboy Live, Playboy Coeds, and Playboy Amateurs. Women who have only appeared as promotional models for Playboy partners and licensees (Playboy Golf and Playboy Events for example) ARE eligible for Miss Social.
- MUST have a basic command of the English language, written and spoken.
- MUST be in excellent health.
- MUST NOT be a party to any exclusive modeling contract or other contractual commitment that would be breached by participation in the Contest.
- MUST NOT have ever acted in a manner that will bring the Sponsor into disrepute, in Sponsor’s sole judgment.
Neither Contestant nor any of Contestant’s immediate family members (including, without limitation, spouse, domestic partner, parents, siblings, children, step-children) nor members of Contestant’s household (whether or not related to Contestant) may be employees, directors, officers, independent contractors, agents or representatives of Playboy Enterprises, Inc. or any of its affiliated companies. Sponsor reserves the right to remove from the Miss Social Challenge any person it determines, in its sole and unfettered discretion, is sufficiently connected with Playboy Enterprises Inc. that such person’s participation in the Miss Social Challenge may be improper or may create the appearance of impropriety.
Sponsor reserves the right to verify the eligibility of winner. During the course of the Miss Social Challenge, Contestants may be asked for two forms of government-issued identification, for example, a driver’s license or a passport. Participation constitutes contestant’s full and unconditional agreement to these official rules and to Sponsor’s decisions, which are final and binding in all matters related to the contest.
3. CONTESTANT PARTICIPATION:
TO ENTER: At any time during the Challenge Period, eligible persons may enter as a contestant by going to the Miss Social Challenge Website to create a contestant profile. Contestants then use social networking sites (e.g., YouTube, Twitter, Facebook) to promote themselves and urge their friends/followers/family and the public to vote for them using votes acquired through the Miss Social by Playboy game at http://www.playboymisssocial.com (the “Contest Website”) or purchased at http://www.playboymisssocial.com/buyvotes. Contestant must provide all required information on the Official Entry Form. Entries must be submitted by the participant. Limit one (1) entry per person per Contest Period.
Immediately after creation of a profile, the Contestant’s profile will be submitted for approval. Profile will be reviewed and the Contestant will be notified of acceptance via email within 7 days of submission. Profiles that are not approved will not be returned to Contestant. Upon approval, approved profiles will be uploaded to the Miss Social by Playboy site.
Approved Contestants will compete for votes from judges (“Judges”). Judges are all non-Contestant users of the site. Contestants can also earn votes by competing in and/or winning Weekly Challenges. Weekly Challenges are announced the day before they begin. Contestants may not earn votes through gameplay reserved for Judges or by purchasing votes.
Photo and Video Submission Requirements:
All photographs and/or videos submitted (“Submissions”) MUST meet the following requirements:
- MUST be uploaded to the Contest Website at http://www.playboymissosical.com. Or in the case of some Challenges, emailed to the email address provided on the Challenge page.
- MUST be no larger than 5 MB for photos.
- MUST be in digital form (either .jpg, .gif, .bmp) for photo, or for video MUST be submitted in one of the video formats that YouTube supports, e.g., WebM files (Vp8 video codec and Vorbis Audio codec); .MPEG4, 3GPP and MOV files (typically supporting h264 and mpeg4 video codecs and AAC audio codec); .AVI (Many cameras output this format – typically the video codec is MJPEG and audio is PCM); .MPEGPS (Typically supporting MPEG2 video codec and MP2 audio); .WMV; and .FLV (Adobe – FLV1 video codec, MP3 audio). Video Submissions may be filmed with a handheld video camera, webcam, mobile device or other appropriate video equipment.
- MUST be of satisfactory quality (i.e., brightness, focus, etc.). Any Submission that is not of satisfactory quality may be rejected at Sponsor’s sole discretion.
- MUST NOT contain material which is (or promote activities which are) in Sponsor’s sole discretion, hateful, slanderous, libelous, tortious, sexually explicit, obscene, pornographic, inappropriate, violent, self-mutilating (e.g., relating to murder, the sale of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., must not show/promote underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing; or contain material that is threatening to any person, place, business, group or world peace; or contain words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group; or contain images, words or text portraying nudity, acts of violence, or acts that are or appear to be unlawful or dangerous or in violation of, or contrary to the laws or regulations in any country or state where the Submission is created. NO NUDITY OR PARTIAL-NUDITY WHATSOEVER IS ALLOWED. TOPS AND BOTTOMS MUST BE WORN IN EVERY IMAGE AND/OR VIDEO POSTED.
- MUST NOT feature music of any kind (voice, instrumental, live, recorded or otherwise), except that videos MAY feature music that is originally written, performed and produced by Contestant OR music that is in the public domain; all music featured in any Video Submission must be available to publicize and broadcast on a license-free, no compensation basis. [v2] MUST be the property of the Contestant.
- MUST NOT contain material that violates or infringes another’s rights, including but not limited to material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright infringement. Without limiting the foregoing, Submissions MUST NOT include third-party trademarks, logos, insignia, location signage, photographs, artwork, or sculptures, except those of Sponsor, and MUST NOT include mention of any copyrighted media production including but not limited to books, articles, photographs, artwork, music, etc., or identifying descriptions of any media property.
- MUST NOT include material that is unlawful, in violation of, or contrary to the laws or regulations in any state where the Entry is created.
- MUST NOT include other people in your photo, including but not limited to friends, spouses, children, etc.
Any Entries submitted that exceed the size or time limits, or which are in a format that is not accepted by the Contest Website or other social media sites, as applicable, or do not otherwise meet the requirements listed above or in these Official Rules or elsewhere on the Contest Website will be disqualified. CONTESTANTS MUST NOT USE THIRD PARTIES’ INTELLECTUAL PROPERTY. SPONSOR RESERVES THE RIGHT TO DELETE NON-COMPLIANT IMAGES AND/OR VIDEO AT ANY TIME DURING THE CONTEST.
Contestants must provide a valid email address to enter. Entries submitted by groups or organizations will be disqualified. Multiple participants are not permitted to share the same email address. Any attempt by any participant to obtain more than the stated number of Entries by using multiple and/or different identities, forms, registrations, email addresses or any other methods will void that participant’s entries, and that participant may be disqualified at Sponsor’s discretion. Bulk, automated, script, macro, robotic and/or third party Entries are prohibited and will be disqualified. The person uploading the Entry will be deemed the Contestant. In the event of a dispute as to any registration or Entry, the authorized account holder of the email address used to register will be deemed to be the registrant or Contestant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the prize. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win. Participants are solely responsible for Internet connectivity, software and/or hardware that may be required in order to create and/or submit any online Entry. All Entries become the property of Sponsor and will not be returned or acknowledged, and Sponsor will not verify receipt of Entries.
By entering, each contestant warrants and represents that her Submission is original, has not been previously published or won any award, does not contain any material that would defame or otherwise violate or infringe upon the rights of any third-party, including patents, copyrights, trademarks or rights of privacy or publicity, and will not violate any federal, state, provincial or local laws or ordinances. Contestants further warrant and represent that they have secured the requisite consent from any third-party referenced in their submissions. Sponsor reserves the right in its sole and unfettered discretion to disqualify any submission that it believes contains obscene, offensive or inappropriate content, that does not comply with these official rules or that is not consistent with the spirit or theme of the Contest. All entries become the property of Sponsor when submitted and will not be acknowledged or returned to contestant.
CONTESTANTS MAY ONLY SEND E-MAIL TO PROMOTE THEMSELVES TO FRIENDS, FAMILY AND FANS — NO SPAMMING!
Contestants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or any inducements of any kind to judges /prospective voters, as determined by Sponsor in its sole discretion. Any attempt to vote or to impair the integrity of the voting process by contestant is prohibited and all such votes will be void. Sponsor reserves the right, in its sole and unfettered discretion, to nullify all votes obtained via such means and to disqualify responsible contestants from further voting or participation in the Contest. See below for additional voting rules.
4. JUDGES AND VOTES:
Judges earn votes through a variety of actions. These include, but are not limited to, logging in, viewing profiles, playing mini-games and mentioning Playboy Miss Social on Facebook: the full list of actions, and the number of votes that will be awarded for each action, can be found at http://www.playboymisssocial.com/earnvotes. The more an individual Judge interacts with the Contest Website, the more votes will be awarded to that Judge. The mini-games offered to Judges will change as the competition progresses, but may include games such as trivia competitions, poker games and flash games. Judges may also purchase votes; instructions for purchasing votes and the cost for such votes may be found at http://www.playboymisssocial.com/buyvotes. By purchasing the ‘Elite Judge’ status, Judges will receive a bonus vote payout and increased vote rewards, as well as recognition of their status on the game.
Votes or any other actions that subvert or are intended to subvert the voting process or are intended to impair the integrity of the voting process in any way are prohibited and shall be void, and the Judge taking such actions may be prohibited from further participation in any monthly Contest at Sponsor’s sole discretion. The use of any script, macro or any robotic or automated system to vote or obtain votes or with the intent to impair the integrity of the voting process is prohibited and votes obtained in such a manner will be void. Participants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering inducements to prospective voters or using multiple and/or different identities, forms, registrations, email addresses, or any other methods, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole and unfettered discretion, to nullify all votes obtained via such means and to disqualify responsible participants from further voting or participation in the Contest. Entries specifying an invalid, non-working, or inactive email address will be disqualified. Judges must provide a valid email address or Facebook account to vote. Votes from invalid, non-working, or inactive email addresses or Facebook accounts will be disqualified. ALL VOTES MUST BE USED BY THE CONTEST END ON THE LAST DAY OF EACH MONTH. REMAINING VOTES, WHETHER EARNED OR PURCHASED, WILL HAVE ZERO VALUE, WILL NOT ROLL-OVER INTO NEXT CONTEST AND WILL NOT BE REFUNDED.
JUDGES SHALL NOT ENGAGE IN DISRUPTIVE ACTIVITIES ONLINE, INCLUDING TRANSMITTING COMMENTS TO CONTESTANTS THAT CONTAIN UNLAWFUL, HARRASSING, OFFENSIVE, ABUSIVE, LIBELOUS, VULGAR OR INDECENT INFORMATION OF ANY KIND. SPONSOR RESERVES THE RIGHT AT ITS SOLE AND UNFETTERED DISCRETION TO DISQUALIFY JUDGES FOR NOT ADHERING TO THIS POLICY. JUDGES MUST NOT USE THIRD PARTIES’ INTELLECTUAL PROPERTY.
All aspects of a Contestant’s campaign and a Judge’s voting must comply with the terms and conditions of the site on which content is posted and with all applicable laws and regulations. Released Parties (as defined below) are not responsible for any unauthorized use by third parties of content created and posted by Contestants and/or Judges in connection with the Miss Social Challenge.
At Playboy’s request, Contestants agree to sign and agree to any applicable model releases or other legal documents (including, but not limited to, an affidavit of eligibility and liability and publicity release) provided by Playboy Enterprises Inc. and return same within the time period specified by Playboy Enterprises Inc. If Playboy Enterprises Inc. doesn’t have the proper paperwork executed by the Contestant with the stated time period or cannot contact the Contestant within a reasonable time period, the Contestant is not in compliance with these Official Rules, and may be disqualified.
7. WINNER DETERMINATION:
Grand, Second and Third Prize Winners: The Grand Prize Winner of the Miss Social Challenge will be the Contestant in the “Final Round” who receives the highest number of valid votes, to be determined as described below. The Second Place Winner is the Contestant with the second highest number of valid votes in the Final Round. The Third Place Winner is the Contestants with the highest number of valid votes during the Third Round of Finals who did not advance to the Final Round.
Challenge Winners: Four (4) Challenges are run during each month to select four (4) winners, each of whom wins a place in the Finals. Challenges vary in length, with some lasting one (1) day while others last an entire week.
Finalist Round: The four (4) finalists selected via the Challenges are combined with the top eight (8) vote-getters from the first three weeks of the month to make up a Finalist pool of twelve (12) Contestants competing in the Finals, which take place during the last week of the Challenge Period. If any Challenge winner is also a top vote-getter for the month, or if any potential finalist is deemed to be ineligible for any reason and eliminated at any time during the Finals, then the next-highest vote-getter will also be entered into the Finals.
The Finals format is a head-to-head bracket conducted tournament-style. All Finalists’ vote-counts are reset to zero at the beginning of the Finals and after each Finals round. At the beginning of the Finals, all contestants are seeded according to the number of votes they received. (The contestant with the most votes is #1, the second is #2, and so on.) The rounds go as follows:
- First Round: (one – two days) The top four seeds get a “bye”. The remaining eight contestants compete head-to-head to move on to the next round.
- Second Round: (one – two days) The top four seeds and the remaining four contestants compete head-to-head to move on to the next round.
- Third Round: (one – two days) The remaining four contestants compete head-to-head to move on to the next round.
- Final Round: (two days) The final two contestants compete head-to-head for the title of Miss Social by Playboy for that month.
Entry Into Yearly Competition: The top four Contestants from each monthly “Open Round” (the three weeks before the Finals) and the top four Contestants from the Finals will be entered into the yearly contest to compete for the title of “Miss Social Playboy 2013”, to take place in February, 2013.
There will exist months where Contestants will qualify for both the Open and Final rounds — in these instances, there will be less than 8 total contestants advancing to the Yearly Competition (as those spots will not become open for contestants who were outside the cut).
Notification of Winners: Potential winners (“Winners”) will be notified by telephone and/or email within seven (7) days of the date of being selected as a potential winner. A contestant is not a Winner unless and until contestant ‘s eligibility has been verified as set forth herein. Except where legally prohibited, the potential Winner must sign and return, within ten (10) business days of being notified, any additional documentation required by Sponsor in order to claim his/her prize. Upon receipt of all required documentation, Sponsor will work with potential Winner to deliver prize and book all related travel. If the potential Winner fails to sign and return any required documentation within the required time period, or is unavailable to accept the prize within the time period specified by Sponsor, that potential Winner will be deemed to have forfeited the prize, and an alternate potential winner may be selected in her place. Noncompliance with the foregoing, failure to abide by these Official Rules, or return of the prize notification as non-deliverable may result in disqualification and naming of an alternate potential winner from the finalists in the Challenge. Up to three (3) alternate winners may be selected, after which the prize(s) may remain unawarded.
All potential WINNERS are subject to verification by Sponsor, whose decisions are final AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. A CONTESTANT is not a winner of any prize unless and until CONTESTANT’s eligibility HAS been verified and CONTESTAnt has been notified that verification is complete.
ONE (1) GRAND PRIZE WINNER will receive (1) the title of Miss Social [MONTH YEAR] by Playboy (2) a photography shoot at either Playboy’s Los Angeles Studios or a location to be determined by Playboy Enterprises Inc.; (3) an all-expense paid trip for the winner to Los Angeles, California as determined by Playboy Enterprises Inc; and (4) a reasonable number of photographs (not to exceed twenty (20)) from the photo shoot, to be used solely for biographical and non-commercial promotional purposes. Photographs will be delivered to winner in a digital format.
Trip to Los Angeles consists of roundtrip, coach class air transportation from a major U.S. gateway airport nearest winner’s residence to designated location and ONE-TWO nights standard hotel accommodations (one room, SINGLE occupancy). International winners are responsible for their own transportation to a major u.s. gateway airport. See Prize restrictions below for additional conditions and restrictions.
Approximate Retail Value (“ARV”) of Grand Prize: $2500 USD. Actual value may vary based on point of departure. Any difference between stated value and actual value will not be awarded.
- ONE (1) SECOND PLACE WINNER receives a $400 USD Gift Card, a Playboy Gift Pack valued at $100 and the title of Miss Social Runner Up (ARV of Second Place Prize: $500 USD).
- ONE (1) THIRD PLACE WINNER receives a $200 USD Gift Card and a Playboy Gift Pack valued at $50 USD (ARV of Third Place Prize: $250 USD).
Total ARV of all Prizes: $3,250 USD. Any U.S. winner will be issued a 1099 tax form for the appropriate retail value of the prize.
PRIZE RESTRICTIONS: Limit: One (1) prize per person; you may only win the Playboy Miss Social Challenge one (1) time. Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prize(s) not specifically stated herein, including but not limited to, change of air travel fees, transportation to and from airport, automobile insurance, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, security fees, souvenirs, gratuities and/or other expenses, are the responsibility solely of winner. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion. Sponsor will not replace any lost or stolen prizes or components of a prize. Prize cannot be used in conjunction with any other promotion or offer. All prize details are at Sponsor’s sole discretion.
Travel restrictions and conditions may apply, including advance booking requirements and availability limitations; Grand Prize trip must be taken on dates specified by Playboy Enterprises Inc. or prize will be forfeited and Playboy Enterprises Inc. will have no further obligation to such winner. Playboy Enterprises Inc. reserves right to change dates. Travel must be made through Playboy.com’s agent, on a carrier of Playboy.com’s choice. If Grand Prize winner lives within a 100 mile radius of destination, ground transportation will be provided in lieu of air transportation and no compensation or substitution will be provided in lieu thereof. Once scheduled, the itinerary cannot be altered except at Sponsor’s sole and unfettered discretion. No refunds or credit for changes are allowed, and no refunds or compensation will be made in the event of cancellation or delay of any flight or any portion of it. All travelers must possess valid travel documents. Airline carrier’s regulations and conditions apply. Travel is subject to the terms and conditions set forth in the Miss Social Challenge, and those set forth by the Sponsors’ airline carrier of choice as detailed in the passenger ticket contract. Trip(s) may not be combined with any other offer and travelers may not qualify for frequent flyer miles. Sponsor will, in its sole discretion, determine which airport is closest to the winner’s home. In the event Winner engages in behavior during travel that (as determined by Sponsor in its sole discretion) is obnoxious or threatening, illegal, or that is intended to threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or customer goodwill of Sponsor or any of Sponsor’s services, products, trademarks, service marks, or logos, Sponsor reserves the right to terminate the travel early, and send Winner home with no further obligations or compensation whatsoever to Winner (which may, in Sponsor’s sole discretion, result in such Winner’s disqualification from the Miss Social Challenge and forfeiture of any (and/or all) prize(s). In the event Winner engages in behavior during travel that (as determined by Sponsor in its sole discretion) is illegal, tortious, or subjects Winner or guest to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by Winner or guest as a result of such conduct. Sponsor shall have no liability for any personal injuries, death, property damage, or other damages or expenses resulting from or arising out of any travel related to the Prize or any other aspect of Prize Winner’s acceptance or use of the Prize.
Playboy Enterprises Inc. is under no obligation to feature the winner on one of Playboy’s web sites or in Playboy magazine. Photographer and all other details of shoot will be determined by Playboy Enterprises Inc. All photos, film and other materials resulting from the photo shoot (“Materials”) will be owned by Playboy Enterprises Inc. and Playboy Enterprises Inc. and its designees shall have the right, but not the obligation, to use, reproduce, modify, publish, post, create derivative works from, and display such Materials and all elements embodied therein, including, without limitation, any names and likenesses, in whole or in part, on a worldwide perpetual basis, and to incorporate the Materials into other works, in any form, media or technology now known or later developed, for internal, advertising, commercial and promotional purposes.
9. PUBLICITY AND INTELLECTUAL PROPERTY RELEASES:
EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE MISS SOCIAL CHALLENGE CONSTITUTES WINNER’S GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), AND THE RELEASED PARTIES THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLD WIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE WINNER’S ENTRY, NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.
Playboy Enterprises Inc. is under no obligation to feature the winner on one of Playboy’s web sites or in Playboy magazine. All photos, film and other materials resulting from the photo shoot (“Materials”) will be owned by Playboy Enterprises Inc. and Playboy Enterprises Inc. and its designees shall have the right, but not the obligation, to use, reproduce, modify, publish, post, create derivative works from, and display such Materials and all elements embodied therein, including, without limitation, any names and likenesses, in whole or in part, on a worldwide perpetual basis, and to incorporate the Materials into other works, in any form, media or technology now known or later developed, for internal, advertising, commercial and promotional purposes.
10. GENERAL CONDITIONS/RELEASE AND LIMITATION OF LIABILITY:
This Miss Social Challenge is governed by the laws of the United States and is void where prohibited by law. Participation in this Contest constitutes agreement by Contestant to be bound by these Official Rules. By entering in Contest, Contestant agrees to execute any documents and instruments and take any further acts as Sponsor may reasonably request in order to effectuate the terms and conditions of Contest. SPONSOR RESERVES THE RIGHT TO DISQUALIFY ANY FINALIST/WINNER IF, AFTER SUBMITTING HER ENTRY AND DURING THE PERIOD THAT SHE IS PARTICIPATING IN THIS CONTEST, SUCH FINALIST/WINNER DRAMATICALLY ALTERS HER PHYSICAL APPEARANCE. All Contestants will conduct themselves in a decorous manner at all times during their participation in the Contest. Sponsor reserves the right to disqualify any Contestant based on her physical or mental health, in Sponsor’s sole and unfettered discretion. Sponsor reserves the right to disqualify any Contestant if such Contestant has engaged in, or during the Contest engages in, any act which, in Sponsor’s sole judgment, involved moral turpitude or which brings Sponsor or Contestant into public disrepute, contempt, scandal or ridicule, or which damages, denigrates or injures the reputation or success of Sponsor or its products or services.
Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Playboy Enterprises Inc. may prohibit an Participant from participating in the Miss Social Challenge or winning a prize if, in its sole discretion, it determines that said Participant is attempting to undermine the legitimate operation of the Miss Social Challenge by cheating, hacking, deception or other unfair playing practices or intending to annoy, abuse, threaten, or harass any other Participants of Playboy Enterprises Inc. representatives. WARNING: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEB SITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Released Parties shall not be responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled votes or for technical, hardware, software or telephone failures of any kind, lost or unavailable network connections, fraud, incomplete, garbled or delayed computer transmissions, whether caused by Playboy Enterprises Inc., users or by any of the equipment or programming associated with or utilized in the Miss Social Challenge or by any technical or human error which may occur in the processing or submissions which may damage a user’s system or limit a Participant’s ability to participate in the Miss Social Challenge or for other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Miss Social Challenge, including, without limitation, errors or difficulties which may occur in connection with the administration of the Miss Social Challenge, the tabulation of votes, the announcement of the prize or in any Contest-related materials. Sponsor and its agents are not responsible for (1) any incorrect or inaccurate information, whether caused by contestants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Contestant’s participation in the Contest or receipt or use or misuse of any prize. If, for any reason, the Contest is not capable of running as planned, including infection by computer virus or bugs, tampering, unauthorized intervention, fraud, technical failures, voting problems, or any other causes beyond the control of Sponsor, which corrupt or affect the operation, administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor may, in its sole discretion, void any suspect entries (or votes) and (a) modify the Contest or suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize from among the eligible, non-suspect entries received (and all votes received) up to the time of the impairment in accordance with the winner selection process described above.
BY PARTICIPATING IN THE MISS SOCIAL CHALLENGE, CONTESTANTS AND JUDGES AGREE (I) TO BE BOUND BY THESE RULES AND THE DECISIONS OF PLAYBOY ENTERPRISES INC. AND THE VOTING AUDIENCE, AND (II) TO RELEASE AND HOLD HARMLESS PLAYBOY ENTERPRISES INC., INC., ITS PARENT, AFFILIATES, SUBSIDIARIES AND ADVERTISING AND PROMOTION AGENCIES AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES AND REPRESENTATIVES, AS WELL AS FACEBOOK, INC. AND TWITTER (COLLECTIVELY, “RELEASED PARTIES”) AGAINST ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS CONTEST OR IN ANY CONTEST RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS CONTEST, INCLUDING ANY WEEKLY CHALLENGE THEREIN, THE WEB SITE AND ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
11. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF:
Each contestant understands and acknowledges that Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each contestant also acknowledges that many ideas may be competitive with, similar or identical to the Submission or Materials and/or each other in theme, idea, format or other respects. Each contestant acknowledges and agrees that such contestant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material. Each contestant acknowledges and agrees that the Sponsor does not now and shall 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 copyright in and to the Materials. Finally, each contestant acknowledges that, with respect to any claim by contestant relating to or arising out of Sponsor actual or alleged exploitation or use of any Materials submitted in connection with the Contest, the damage, if any, thereby caused to the applicable contestant will not be irreparable or otherwise sufficient to entitle such contestant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submission or any material based on or allegedly based on the Materials, and the contestant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
Except where prohibited, contestant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Miss Social Challenge, or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of California or the appropriate State Court located in California; (2) any and all claims, judgment, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorneys’ fees; (3) under no circumstances will contestant be permitted to obtain awards for, and contestant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of this Challenge will be governed by and interpreted under the laws of the State of California, U.S.A. without regard to its conflicts of laws provisions.
14. WINNER’S LIST AND OFFICIAL RULES:
For a copy of the Official Rules, visit www.playboymisssocial.com/terms. The name of the winners will be announced on or around the 1st of each Month on www.playboymisssocial.com, Facebook & other social media.
Playboy Enterprises Inc., 9346 Civic Center Drive, Beverly Hills, CA 90210.
This promotion is in no way sponsored, endorsed or administered by Facebook, Twitter or any other Social Media company. If you enter, you are providing your information to Playboy Enterprises, Inc. and not to Facebook, Twitter, etc.
Copyright ©2012 Playboy. Playboy® and Miss Social® are registered trademarks of Playboy Enterprises, Inc. All rights reserved.