EXPLODING KITTENS BURRITO BOWL
NO PURCHASE, PAYMENT OR CONTRIBUTION ON KICKSTARTER IS NECESSARY. VOID WHERE PROHIBITED. DO NOT ENTER IF YOU ARE UNDER 18 OR THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE, OR DO NOT OR CANNOT AGREE TO FULLY COMPLY WITH THE OFFICIAL RULES.
THE OFFICIAL RULES (“RULES”) GOVERN YOUR PARTICIPATION IN THE BURRITO BOWL. ENTRY AND/OR PARTICIPATION IN THE BURRITO BOWL CONSTITUTES YOUR REPRESENTATION THAT YOU HAVE READ THESE RULES AND YOUR FULL AND UNCONDITIONAL AGREEMENT TO AND ACCEPTANCE OF THESE RULES. THE BURRITO BOWL IS GOVERNED BY THE OFFICIAL RULES, AND SUBJECT TO ALL APPLICABLE U.S. FEDERAL, STATE AND LOCAL LAWS.
BURRITO BOWL OVERVIEW: Sponsor, Exploding Kittens, LP LIMITED PARTNERSHIP DELAWARE 100 N. Crescent Drive, Suite 100 Beverly Hills CALIFORNIA 90210, email@example.com (“Sponsor”), is conducting the BURRITO BOWL (“Burrito Bowl” or “Bowl”) to invite Eligible Participants to submit an original Entry in response to a series of burrito event contests.
BURRITO BOWL PERIOD: The Bowl begins on February 27, 2019 and ends on March 26, 2019, at midnight Pacific Time (the “Bowl Period”). During the Bowl Period, Sponsor will announce a series of burrito themed events and challenges that must be completed by 11:59PM PST March 26 2019 for Entry into the Burrito Bowl.
ELIGIBILITY: To be eligible to submit an Entry, participate in the Bowl and win any prize, you must: (i) be at least eighteen (18) years of age or older and the age of majority in your state, province, or territory of residence at the time of entry; (ii) submit an Entry that is complete and contains truthful and accurate information, statements, or materials, and does not contain any false or misleading information, statements or materials; (iii) not be an employee or have an immediate family member or Household Member who is an employee of Sponsor or any Advertising Sponsors, and/or have, within one year prior to the start date of the Bowl Period, performed services for Sponsor or any Advertising Sponsors or any of their respective subsidiaries, affiliates and successor companies or any organizations responsible for fulfilling, administering, advertising or promoting the Burrito Bowl or supplying any prize, and the immediate family and household members of such individual; (iv) agree to and fully comply with these Burrito Bowl Official Rules ("Official Rules"); and (v) agree to fill out, sign/execute and agree to all of the terms and conditions of Sponsor’s required forms and agreements, including, but not limited to, Affidavit and Release, confidentiality agreements, and the Agreements (collectively, the "Eligible Participant" or "Eligible Participants"). "Household Member" shall mean any person who shares the same residence at least three months a year, whether related or not. The Bowl is only open to Eligible Participants, as determined by Sponsor within its sole and absolute discretion. By entering into the Bowl, you agree to be bound by the decisions of Sponsor, whose decisions shall be binding and final in all respects.
ALL FORMS, FINALIST AFFIDAVITS, WINNER AGREEMENTS, AND AGREEMENTS AND ANY OTHER DOCUMENTS MUST BE FILLED OUT COMPLETELY, ACCURATELY AND TRUTHFULLY. IF YOU FAIL TO COMPLETE ANY FORM, RELEASE, FINALIST AFFIDAVIT, WINNER AGREEMENTS, AND/OR AGREEMENTS, AND/OR PROVIDE ANY INACCURATE, FALSE OR MISLEADING INFORMATION, STATEMENTS OR MATERIALS, OR IF YOU FAIL TO REVEAL ANY PERTINENT INFORMATION, YOU MAY BE DISQUALIFIED FROM THE BURRITO BOWL.
ENTRY PROCESS AND ENTRY REQUIREMENTS:
ENTRY PROCESS: Sponsor will announce a series of burrito challenges on Kickstarter, Facebook, Instagram and/or Twitter (Facebook: /explodingkittens; Instagram: /gameofkittens; Twitter: /gameofkittens). You may enter the Burrito Bowl by submitting an original video or an original photograph you created in response to one or more challenges and otherwise meet the requirements of the challenge. Videos cannot contain any cuts or edits and must be continuous footage. Post the video or photo to Facebook, Instagram or Twitter with the hashtag #ThrowThrowBurrito and the hashtag #ThrowThrowBurrito, and we’ll find it. When you log in using Facebook or Twitter, you agree to share certain Facebook account and/or Twitter account information with Sponsor and its employees, agents, contractors, subcontractors and/or those authorized by Sponsor to administer the Burrito Bowl. If you enter and log into Facebook, Twitter, or Instagram you must comply with all of the social media policies, privacy terms, and terms of service of that social media service.
Upon posting your Entry and Sponsor’s review of the Entry, Sponsor will post your Entry on Sponsor’s social media sites and/or website, and will create an Athlete Profile for you on Sponsor’s site using your social media photo and username. You affirmatively agree that your social media photo and username may be used for this purpose and obtained from your social media account.
Entrants must comply with all applicable Federal Trade Commission rules and regulations, including without limitation the United States Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 CFR Part 255, as amended. Any Entrant, or the Winner, must disclose material connections between such Entrant, or the Winner, as applicable, and Sponsor and/or any Advertising Sponsor(s), in all statements—including in social media-- concerning Sponsor and/or Advertising Sponsor(s) and their respective products, services, programs, activities or events (“Statement(s)”); specifically, the Entrant, or the Winner must include in each Entry or Statement(s) the following disclosure in a way that is clear, visible and next to the Statement(s): "#burritobowlcontest".
Entries will not be acknowledged or returned. Entries submitted as part of the Burrito Bowl shall be deemed to have been submitted by the authorized social media account holder of the email address submitted at the time of entry. ENTRIES SHALL NOT BE EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE ENTRANT AND DO NOT REPRESENT THE VIEWS OF SPONSOR OR ANY ADVERTISING SPONSORS IN ANY WAY.
All Entries must be consistent with Sponsor's and any Sponsoring Advertisers’ image and reputation. Entries cannot, as determined by Sponsor within its sole and absolute discretion: (i) be offensive, obscene, or inappropriate; (ii) be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, or pornographic, contain nudity or any dangerous activity; (iii) include any trademarks, service marks, logos, or copyrights or other materials not owned by the Eligible Participant Entry Participant or used without the owner's permission, which has to be in a form acceptable to Sponsor, if requested, or be the property of another person or entity; (iv) use another person’s name, image, likeness, or other identifiable feature without such person’s permission in a form acceptable to Sponsor, if requested; (v) include any celebrities or public figures; (vi) contain profanity, sexual content; content promoting alcohol, illegal drugs, tobacco, firearms, or weapons, hateful content of any kind (including racism, sexism, etc.), or that promotes danger, violence, hate, or harm to another or any animal, or any other offensive, obscene, or inappropriate content; (vii) defame, slander, misrepresent, or contain disparaging remarks about other people, companies, or businesses including, but not limited to Sponsor or Sponsoring Advertisers; (viii) make threats of any kind, harass, bully or intimidate another; (ix) contain materials personifying the names, likenesses, photographs, or other identifying elements of any person, living, or dead without permission in a form satisfactory to Sponsor, if requested; or (x) violate any applicable federal, state or local laws.
Entries should not feature any person under the age of thirteen years’ old without a signed written consent of the parent or legal guardian of the minor featured in the photograph or video, scanned and emailed to Sponsor before submission of any Entry, and identifying your social media username, name, address, phone number, and the name of minor and the name of his or her guardian or parent.
JUDGING CRITERIA AND SELECTION OF WINNER:
Judging Criteria: Entries will be judged by Sponsor based on the following criteria: the Entry that is the best in each challenge category that is: (i) creativity; (ii) originality (iii) best promotes the ThrowThrowBurrito Game; and (iv) has public support on social media. Judges will give weight to each category in the same amount.
Selection of Winner: On or about March 28, 2019, Sponsor, as the Judge, within its sole and absolute discretion (“Judges”), will review all qualified Entries, and perform any additional Screenings or provide any additional information or documentation as requested by Sponsor. Judges, shall have the final and binding authority within their sole and absolute discretion, from among the Entries, to select a Gold, Silver and Bronze winner of each challenge of the Bowl based on the Entries that best satisfy the Judging Criteria (the “Winners”).
Morals: If any Entrant, including any Winner, should, prior to or during or after the Bowl Period, fail, refuse or neglect to govern or conduct herself with due regard to social conventions and public morals and decency, or commit or be accused of committing any act which brings Entrant into public disrepute, scandal, contempt or ridicule or which shocks, insults or offends a substantial portion or group of the community or reflects unfavorably on Sponsor then Sponsor, within its sole and absolute discretion, may, in addition to and without prejudice to any other remedy of any kind or nature set forth herein, disqualify Entrant, including any Winner.
Ownership: By submitting an Entry or any Video or Photograph, each Entrant, and each Winner agree that the Entry, whether or not protected by copyright or any other type of intellectual property, shall be assigned to and become the sole property of Sponsor upon its creation, and, in the case of copyrightable works, upon its fixation in a tangible medium of expression, and shall not and cannot be returned or acknowledged. Each Entrant, and each Winner agrees that she or he shall not have or claim to have any right, title or interest in or to any material or content embodied in the Photos or any Video that is part of the Entry.
For each burrito challenge, Sponsor will select a Gold, Silver and Bronze Winner of the Bowl. Each Winner will receive a burrito trophy that has zero retail value. But, are real deal trophies that you can hold and polish and display in your house!
Each time you submit an Entry to a Bowl challenge, we’ll send you a link to some downloadable flair for your social media accounts to prove you’re a Throw Throw Burrito Athlete. We will choose an Athlete of the Day each day to be featured on our site randomly. Neither the flair nor the Athlete of the Day has any retail value.
PUBLICITY RELEASE, USE OF PERSONAL INFORMATION: Except where prohibited or restricted by law, by submitting a Entry, all Entrants and Winners agree to consent to irrevocably grant all rights to Sponsor and its parent corporations, subsidiaries, affiliates, successors, assigns, transferees, suppliers, distributors, advertisers, advertising/promotion agencies, vendors, production companies, Advertising Sponsors, and programming and content distributors, and the parents, affiliates, subsidiaries, licensees, sublicensees, successors and assigns of all of the foregoing and each such company’s officers, directors, employees and agents (collectively, the "Sponsor Parties") the perpetual, royalty-free right and permission, worldwide, throughout the universe, to use, record, photograph, perform, translate, license, publish, exhibit, make available, digitize, display, produce, reproduce, syndicate, video tape, telecast (by any means), distribute, sell and otherwise exploit, in whole or in part, respectively, all Entrants’, and Winners names, biographical information, testimonials and endorsements, picture, portraits, voice, likeness, photographs, and images (the “Likenesses”) for any and all purposes, including, but not limited to, advertising, trade, syndication, and/or promotion, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, cable, electronic, digital, mobile, third party websites and platforms, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval to the extent permitted by law, including, but not limited to, in connection with the Bowl, Entry, Photo, Video, in Sponsor's sole and absolute discretion. All Entrants and Winners acknowledge and agree that Sponsor can freely transfer, assign, license, and/or sublicense the foregoing rights without any obligation of approval, notice, consent or compensation.
PERSONAL INFORMATION / PRIVACY
By submitting the Entry, Entrants, and Winners will be sharing their personal information with Sponsor and the public through social media and Sponsor’s website and social media accounts. Collection and Use. When a strong and fearless Internet user ( “Athlete”) posts a video or photo to social media using the #ThrowThrowBurrito hashtag, we will either be notified of the post (through that Athlete tagging us) or we will find the post by searching “#ThrowThrowBurrito” on the relevant social media channel (e.g., Facebook, Instagram and Twitter).
When we discover a post with the #ThrowThrowBurrito hashtag, we will embed that post and related information on the Burrito Bowl’ website. We will also create a dedicated webpage for each Athlete showcasing their entry/entries and the username associated with the related social media account. As a result, each Athlete trials and triumphs will be publicly available for the world to see. Your Choices. If you are an Athlete or have mistakenly been associated with the Burrito Bowl, and would like us to remove your information, please contact us at firstname.lastname@example.org. Sharing. We will not share the information of Athletes with any third parties except as necessary to carry out the Burrito Bowl including creating an Athlete profile on Sponsor’s webpage.
Additional Information. For more information about how Exploding Kittens processes personal information, please visit https://explodingkittens.com/legal/terms-privacy/ . Questions. If you have any questions or comments, please contact us at email@example.com.
WARRANTY: By submitting an Entry, you represent and warrant that: (i) you are an Eligible Participant and your Entry complies with the Official Rules; (ii) you are the creator of the Entry; (iii) the Entry was not previously published or the winner of an award of any kind; (iv) the Entry does not infringe or violate the rights of any third party, including but not limited to, copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights, or any other intellectual property rights; (v) the use, exhibition, or exploitation of the Entry by Sponsor or any Advertising Sponsors will not require them to pay or incur any sums to any persons; (vi) you are not a member of ACTRA, SAG-AFTRA or any other performer's guild or union; and (vii) you obtained all permissions necessary in connection with the Entry and, upon request, will provide those permissions to Sponsor in a form acceptable to Sponsor. In the event any Entry does not comply with the foregoing, Sponsor reserves the right to disqualify any such Entry, at any time.
WAIVER OF RIGHT OF APPROVAL: Entrants and Winners hereby waive any right of inspection or approval of the Entry or Likenesses as used and distributed by the Sponsor Parties, including without limitation any approval of Entrant's Likeness.
No Right to Compensation/NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Entrant and Winner hereby acknowledges and agrees that the relationship between them and Sponsor is not a confidential, fiduciary, or other special relationship, and that Entrant’s decision to submit an Entry for purposes of the Bowl does not place Sponsor in a position that is any different from the position held by members of the general public with regard to elements of Entrant’s Entry. Each person who submits an Entry understands and agrees that the Sponsor Parties have wide access to ideas, stories, content and material, and that new ideas are constantly being submitted to the Sponsor Parties or being developed by their own employees. Many of these ideas may be competitive with, similar or identical to the Entry in theme, idea, format or other respects. In this regard, you understand that no credit, compensation or other recourse will be provided to you as a result of your participation in the Bowl. In addition, each Entrant and Winners acknowledges and agrees that 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 Entry, including any Photo and any Video. Each Entrant acknowledges and agrees that, with respect to any claim by Entrant relating to or arising out of Sponsor's actual or alleged exploitation or use of any Entry or other material or works in connection with the Burrito Bowl, the damage, if any, thereby caused to the applicable Entrant shall not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief and Entrant’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. Further, by submitting the Entry, each Entrant agrees she shall not be entitled to any compensation for use of the Entry, or Likenesses, photograph, voice, biographical information, endorsements or any other information concerning you, including the Work.
INTERNET: If for any reason the Bowl does not occur as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Bowl, Sponsor reserves the right, at its sole discretion, to disqualify any individual who tampers with the redemption process and/or to cancel, terminate, modify or suspend the Bowl, in whole or in part. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor is not responsible for any problems or technical malfunctions of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor due to technical problems, human error or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to participant's or any other person's computer relating to or resulting from participating in this Bowl or downloading any materials in this Burrito Bowl.
Right to Cancel, Modify or Disqualify: Sponsor reserves the right to modify, extend, suspend or terminate the Burrito Bowl, or any part of it, in its sole discretion, for any reason, including fraud, technical failures or difficulties, human error or any reason that may affect the integrity or functioning of the Bowl, and notice of any modification, extension, suspension or termination will be posted at the Website.
Release and Waiver; Indemnification: By participating in the Bowl and submitting the Entry, Entrants and Winners agree to release and hold harmless Sponsor Parties, Kickstarter, Facebook, Instagram, Twitter and each of their respective subsidiaries, affiliates, suppliers, distributors, and advertising/promotion agencies, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from any and all claim, cause of action, or liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury, emotional distress, invasion of privacy, misappropriation of name and likeness, infringement, defamation, death, or damage to or loss of property which may occur in connection with the Bowl, the Entry, and the use, distribution, airing, posting or any other use of the Entry and/or any rights granted to Sponsor under the Official Rules. In addition, you acknowledge that the Sponsor Parties will rely on the foregoing terms and conditions potentially at substantial cost to them, and you hereby waive the right to assert any claim of any nature whatsoever against any party relating to the exercise of the rights and permissions granted hereunder. You agree to indemnify, defend and hold harmless the Sponsor Parties from any and all claims arising from their use and distribution of your Entry.
DISPUTES: THIS BOWL, INCLUDING ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE TERMS AND CONDITIONS, OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR WINNERS OR SPONSOR IN CONNECTION WITH THE BURRITO BOWL IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN LOS ANGELES COUNTY, CALIFORNIA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF ("AAA RULES"). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN PENNSYLVANIA, AS DETERMINED BY SPONSOR. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN LEHIGH COUNTY, PENNSYLVANIA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, TREBLE, OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEY'S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. EACH ENTRANT AND WINNERS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT, RELEASED PARTIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION ACCRUED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED. IF ANY PART OF THIS ARBITRATION PROVISION IS DEEMED TO BE INVALID, UNENFORCEABLE OR ILLEGAL, OR OTHERWISE CONFLICTS WITH THE AAA RULES, THEN THE BALANCE OF THIS ARBITRATION PROVISION SHALL REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH ITS TERMS AS IF THE INVALID, UNENFORCEABLE, ILLEGAL OR CONFLICTING PROVISION WERE NOT CONTAINED HEREIN.
Limitations of Liability: The Released Parties are not responsible for: (i) any incorrect or inaccurate information, whether caused by Entrants or Winners; (ii) incomplete, lost, late, misdirected, or illegible Entries or for failure to receive Entries due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with the Release Parties, Sponsor Parties or otherwise, that may limit an Entrant’s, Quarterfinalist’s, Semifinalist’s, Finalist’s, and the Winner 's ability to participate in this Burrito Bowl; (iii) unauthorized human intervention in any part of the entry process or Burrito Bowl; (iv) technical or human error which may occur in the administration of the Burrito Bowl or the processing of Entries; (v) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Burrito Bowl or use of any information or material submitted for the Burrito Bowl in the manner described in these Terms and Conditions; or (vi) an Entrant or Winners’ claim that he or she has somehow been defamed or portrayed in a false light.
UNDER NO CIRCUMSTANCES WILL ANY ENTRANTS OR WINNERS BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ALL ENTRANTS HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES, AND/OR ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.
LIST OF WINNER: A “Winners list” will be linked from or posted on Sponsor’s Facebook, Instagram, and Twitter social media account on or about the week of March 30, 2019. THIS BURRITO BOWL IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY OR ASSOCIATED WITH KICKSTARTER, FACEBOOK, INSTAGRAM OR TWITTER.
EXPLODING KITTENS is a registered trademark of Sponsor, all other trademarks are owned by their respective owners including the social media companies. Any questions concerning the Bowl should be directed to Sponsor, at firstname.lastname@example.org, and not to Kickstarter, Facebook, Instagram, or Twitter.