Viggle App Jam Official Rules – (the “Official Rules”) 

NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.  

Viggle App Jam (the “Competition”) is an initiative of Viggle, Inc. challenging software developers to define the second screen experience by creating TV companion applications with Viggle.

1. Sponsor and Administrator

Sponsor (the “Sponsor”): Viggle, Inc., 902 Broadway, 11th Floor, New York, NY 10010.

Administrator (the “Administrator”): ChallengePost, Inc., 425 W. 13th Street, Suite #504, New York, NY 10014.

The Sponsor is the entity responsible for the Competition. The Administrator manages and implements the Competition per the direction of the Sponsor. 

2. Competition Schedule

Submission Period: April 29, 2013 (9:00am Eastern Time) – August 22, 2013 (5:00pm Eastern Time)

Judging Period: September 10, 2013 (10:00am Eastern Time) – September 18, 2013 (5:00pm Eastern Time)

Public Voting Period: September 10, 2013 (10:00am Eastern Time) – September 18, 2013 (5:00pm Eastern Time)

Winners Announced: On or around September 25, 2013 (10:00am Eastern Time) 

3. Eligibility 

A. The Competition is open only to: 

(i) individuals who are at least 18 years of age at the time of entry, and are legal residents of the United States as of the time of entry; 

(ii) teams of eligible individuals where each team member meets the eligibility requirements for individual Contestants; and 

(iii) corporations (including not-for-profit corporations and other nonprofit organizations), limited liability companies, partnerships, and other legal entities that, at the time of entry, are domiciled (or incorporated) in the United States, have been duly organized or incorporated and validly exist, and (a) employ no more than fifty (50) people (“Organizations”) or (b) employ more than fifty (50) people (“Large Organizations”).

Large Organizations may compete only for the “Viggle Recognition Award”, and are not eligible to compete for the Best Overall App Awards, Best Synchronized TV App, Best Social TV App, Popular Choice Award, or Special Jury Prize. 

B. Contestants must own or have access at their own expense to a computer, an Internet connection, and any other electronic devices, documentation, software or other items that Contestants may deem necessary to create and enter their Submission (defined below in Section 5(B)(ii)). 

C. Each team or Organization shall appoint one individual (the “Representative”) to represent and act, including entering a Submission, on behalf of said team, Organization, or Large Organization. The Representative must meet the eligibility requirements for an individual Contestant and must be duly authorized to submit on behalf of the team, Organization, or Large Organization. The Representative represents and warrants that: (i) he/she is duly authorized to act on behalf of the team, Organization, or Large Organization; and (ii) each member of the team (or in the case of Organization or Large Organization, each participating member) has read the Official Rules and agrees to abide by these Official Rules. The Representative will ensure that each participating member of the team, Organization, or Large Organization reads, agrees to, and complies with the Official Rules. 

D. An individual may join more than one team, Organization, or Large Organization and an individual who is part of a team, Organization, or Large Organization may also enter the Competition on an individual basis.  

E. The following individuals, teams, Organizations, and Large Organizations are not eligible regardless of whether or not they meet the criteria set forth above: 

(i) the Sponsor, the Administrator, and any advertising agency, contractor or other organization involved with the design, production, promotion, execution, or distribution of the Competition (collectively “Promotion Entities”); all employees, representatives and agents of such Promotion Entities; and all members of any such employee, representative or agent’s immediate family or household; 

(ii) any individual involved with the design, production, promotion, execution, or distribution of the Competition, and each member of any such individual’s immediate family or household; 

(iii) any company or individual that employs any Judge or that otherwise has a material business relationship or affiliation with any Judge; and 

(iv) any parent company, subsidiary, or other affiliate of any company described above. 

F. For purposes hereof: 

(i) the members of an individual’s immediate family include such individual’s spouse, children and step-children, parents and step-parents, and siblings and step-siblings; and 

(ii) the members of an individual’s household include any other person that shares the same residence as such individual for at least three (3) months out of the year.  

4. Competition Submission Period 

A. Contestants must enter a Submission between April 29, 2013 at 9:00am Eastern Time, USA and August 22, 2013 at 5:00pm Eastern Time (the “Competition Submission Period”). The Administrator’s computer is the official time keeping device for this Competition. 

B. Any Submission entered following the Competition Submission Period shall be disqualified.  

5. Registration and Submission 

A. Registration 

(i) Beginning on March 26, 2013 at 10:00am Eastern Time, visit AppJam.Viggle.com (the “Competition Website”) and click “Sign Up” to create a ChallengePost account, or click “Log In” and log in with an existing ChallengePost account. There is no charge for creating a ChallengePost account. 

(ii) After a Contestant signs up on the Competition Website a confirmation email will be sent to the email address provided by the Contestant. The Contestant should use the confirmation email to verify their email address. 

(iii) Contestant should indicate their agreement in participating by clicking “Register” on the Competition Website in order to receive important Competition updates.  

(iv) Contestants should download the Viggle Android app on Google Play or iOS app on the iTunes App Store, create a Viggle account, and request access to the Viggle developer API by signing up as a Viggle Developer at http://www.viggle.com/partner/viggle-platform/1-0-getting-started/#Sign. Contestants should also review the Viggle Developer pages for important documentation and best practice information. Contestants can use their Viggle developer account to test that their Application works with the Viggle platform.  By entering the contest, you agree to the Terms of Use (http://www.viggle.com/partner/viggle-platform/viggle-platform-terms-of-use/) set forth on the Viggle Developer pages.

(v) In the event of a dispute pertaining to this Competition, the authorized account holder of the email address used to sign up for the ChallengePost account used to enter the Submission will be deemed to be the Contestant (in case of an individual) and the Contestant’s Representative, in the case of a team, Organization, or Large Organization. The “authorized account holder” is the natural person or legal entity 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. Contestants generally and potential winners may be required to show proof of being the authorized account holder.

B. Submission 

(i) Contestants must create a working mobile web software application, written in HTML5/CSS3/JavaScript, that uses responsive design (per the Viggle instructions provided at http://www.viggle.com/partner/viggle-platform/1-0-getting-started/), functions on mobile web browsers running on Android and iOS devices and functions within the Viggle platform described at: http://www.viggle.com/partner/viggle-platform/ (each an “Application”). The Application must be related to the TV watching experience and/or show(s) which have been or are currently aired on TV. (Apps that focus on online-only shows will not be eligible.)

(ii) During the Competition Submission Period, Contestant must visit the Competition Website and confirm that he or she has or, if Contestant is a Representative, all participating members of their team, Organization, or Large Organization have, read and agree to the Official Rules.  Then, Contestant must submit its Submission by providing: 

a. the name of the Application;

b. a text description of the Application which describes how the app enhances the TV viewing experience;

c. at least one image (screenshot) of the working Application;

d. a link to a video posted on YouTube.com or Vimeo.com that clearly demonstrates the Application’s functionality and features (by walking through the Application); 

e. a website URL where the Application can be accessed free of charge;

f. an uploaded ZIP file containing the Application’s source code at the time of submission (35MB limit);

g. participating team members (if applicable);

h. a description of which television show(s) the Application is designed to enhance;

i. Indication of whether the Application is new for the Competition or existed prior to the start of the Competition Submission Period and, if the Application existed prior to the Competition, a description of new features, functionality, and content added to the Application after the start of the Competition;

j. step-by-step testing instructions including login instructions, if a login is required;

k. the submitter type (individual, team, or organization);

l. a category for the Application (Synchronized TV App, Social TV App, or Other)

m. the Organization name, if the submitter is an Organization or Large Organization;

n. the Contestant Representative’s phone number. 

(a-n above, are collectively a “Submission”) 

(iii) For sake of clarity, all parts of the Submission must be entered at the same time on the Competition Website. All Submissions must be received by no later than 5:00pm Eastern Time on August 22, 2013.   

(iv) Once a Submission has been submitted and the Competition Submission Period has ended, a Contestant may not make any changes or alterations to the Submission. Contestants may save draft versions of their Submission before entering it on the Competition Website.

(v) The Sponsor and/or the Administrator, at their sole discretion, may permit a Contestant to modify part of the Submission after the Competition Submission Deadline for the purpose of removing material that potentially infringes a third party mark or right, discloses personally identifiable information, or is otherwise inappropriate. The modified Submission must remain substantively the same as the original Submission with the only modification being what is permitted by the Sponsor and/or Administrator. Any modifications beyond what is permitted may result in disqualification.

(vi) Applications cannot be changed after the Competition Submission Period and before the end of the Judging Period. Doing so may cause the Contestant's Submission to be disqualified. 

6. Submission Requirements 

A. Language Requirements 

All Submission materials must be in English. 

B. Text Description, Image and Video Requirements 

(i) The text description must describe how the app enhances the TV viewing experience. 

(ii) The image(s) must be photographs or screenshots of your working Application. 

(iii) The video portion of the Submission: 

a. should be no longer than five (5) minutes;

b. must clearly demonstrate the Application’s features and functionality; and

c. must not include music or other copyrighted material or use third party trademarks unless the Contestant has written permission to use such material. 

(iv) If the video is primarily promotional rather than a demonstration of the Application’s functionality and features (by walking through the Application), the Submission may be disqualified at the Sponsor’s and/or Administrator’s sole discretion.  

C. Application Requirements

In addition to the requirements described above in Section 5(B): 

(i) Applications must be newly created or, if the application existed previous to the Competition Submission Period, must have been substantially modified after the start of the Competition Submission Period. Applications that existed prior to the start of the Competition Submission Period may be eligible if they include substantial modifications, such as new features, functionality, or content, added to the Application after the start of the Competition Submission Period. Applications available on the Viggle platform or using the Viggle API prior to the start of the Competition Submission Period are not eligible.

(ii) Applications must function within the Viggle platform. Contestants can learn more about the Viggle platform at http://www.viggle.com/partner/viggle-platform/. To test the Application prior to submitting, Contestants should download the Viggle app from iTunes (for iOS version) or Google Play (for Android version), create a Viggle account, and request access to the Viggle developer API by signing up as a Viggle Developer.

(iii) Contestants are encouraged, but not required, to integrate the Viggle API with their Application.

(iv) The Application may utilize APIs and data from third parties, provided the Contestant is authorized to use such APIs or data in the manner utilized by the Application.   

(v) The Contestant may offer the Application to the public for free or charge a fee for access. However, each Application must be available free of charge for testing, evaluation and use by the Competition Sponsor, Administrator and judges during the Competition and until the Judging Period ends at 5:00 Eastern Time on September 18, 2013. 

D. General Requirements 

(i) Submissions must not:

a. violate any law or regulation;

b. depict hatred;

c. be in bad taste;

d. denigrate (or be derogatory towards) any person or group of persons or any race, ethnic group or culture;

d. threaten a specific community in society, including any specific race, ethnic group or culture;

e. incite violence or be likely to incite violence;

f. contain vulgar or obscene language or excessive violence;

g. contain pornography, obscenity or sexual activity; or

h. disparage the Sponsor or Administrator.  

(ii) Submissions must not attempt to duplicate a prior Submission already submitted in this Competition. Sponsor or Administrator reserves the right in its sole discretion to disqualify any Submission that is a duplicate or substantially similar to another Submission. 

(iii) Submissions must be free of malware. Contestant agrees that the Sponsor and the Administrator may conduct testing on the Application to determine whether malware or other security threats may be present.  Submissions not complying with these requirements may be disqualified. 

(iv) Each Application will be tested by the Administrator, the Sponsor or their designees. Submissions may be disqualified if the Application does not function as depicted in the video or expressed in the text description, at the Sponsor’s and/or Administrator’s sole discretion. 

(v) A Contestant may submit more than one Submission. However, each Submission must be unique, as determined by Sponsor and/or the Administrator in their sole discretion. If a Contestant enters two or more Submissions that are substantially similar, the Sponsor and Administrator reserve the right to disqualify Submissions or require the Contestant to choose one Submission to enter into the Competition.

(vi) Submissions must not include any email addresses, phone numbers, addresses, or social security numbers in the Submission name, text description, video, or images.  

(vii) Contestants must not imply endorsement of their Application by the Sponsor in any of the Submission components or in any advertising or media, including websites and app stores, featuring the Contestant’s Application. 

(viii) Submissions must: (a) be the original work product of the Contestant; (b) be solely owned by Contestant and with no other person or entity having any right or interest in it; and (c) not violate the Intellectual Property rights or other rights including but not limited to copyright, trademark, patent, contract, and/or privacy rights, of any other person or entity. A Contestant may contract with a third party for technical assistance to create the Submission provided the Submission components are solely the Contestant’s work product and the result of the Contestant’s ideas and creativity, and the Contestant owns all rights to them. 

(ix) By entering a Submission, Contestant represents, warrants and agrees that the Submission (including, without limitation, the Application) is the original work of the Contestant and complies with the Official Rules.  

Contestant further represents, warrants and agrees that any use of the Submission by the Sponsor, Administrator and/or Judges (or any of their respective partners, subsidiaries and affiliates) as authorized by these Official Rules, shall not: 

a. infringe upon, misappropriate or otherwise violate any intellectual property right or proprietary right including, without limitation, any statutory or common law trademark, copyright or patent, nor any privacy rights, moral rights nor any other rights of any person or entity; or

b. constitute or result in any misappropriation or other violation of any person’s publicity rights or right of privacy. 

7. Submission Rights

A. Subject to the licenses described below, any applicable intellectual property rights to a Submission will remain with the Contestant. Notwithstanding the foregoing, however, nothing herein will prevent Viggle from pursuing any business opportunities or ideas already in development at the start of the Competition Submission Period, even if they are similar to a Submission, and no Contestant shall have any right to compensation or payment from Viggle in the event that Viggle chooses to pursue such business opportunities or ideas.

B. Submissions will include components that will be displayed publicly on the Competition Website and other media, with attribution to the Contestant (the “Public Submission”) and components that will not be displayed publicly (the “Non-Public Submission”). The Public Submission includes the Submission name, text description, video, images, submitter type, whether the Application is new or existed prior to the Competition, Organization name (if applicable) and website URL. The Non-Public Submission includes uploaded files (including source code), testing instructions, and the Contestant Representative’s phone number. 

C. The Sponsor and Administrator, and any third parties acting on the Sponsor’s behalf, will have a royalty-free, non-exclusive, worldwide license to display publicly and use for promotional purposes the Public Submission, in perpetuity. This license includes posting or linking to the Public Submission on Sponsor and Administrator’s websites and applications, including the Competition Website, Sponsor websites and applications, and partner websites, and inclusion of the Submission in any other media, worldwide. The Non-Public Submission may be viewed by the Sponsor, Administrator, and Judges for screening and evaluation purposes. The Sponsor and Administrator, and any third parties acting on their behalf will also have the right to publicize Contestant’s name and, as applicable, the names of Contestant’s team members, Organization, or Large Organization which participated in the Submission on the Competition Website for a period of three years following the conclusion of the Competition. 

8. Display of Submissions 

A. Eligible Submissions will be posted on the Competition Website on a rolling basis after being screened and/or tested by the Administrator for basic functionality, accuracy of messaging, integrity (i.e., security) and appropriateness of content. The Administrator has the right to request additional information and be provided access to the Application in person or via any reasonable manner to verify the Application functions and operates as stated in the Submission. Failure by a Contestant to respond or honor such a request may result in disqualification of the Submission.  

B. Posting of a Submission to the Competition Website does not constitute a final determination by the Sponsor and/or Administrator that the Submission met requirements. Accordingly a Submission may still be disqualified even after it has been publically displayed. 

9. Winner Selection and Judging Criteria 

A. All eligible Submissions will be judged by an expert panel of impartial judges (the “Judges”) selected by the Sponsor and the Administrator. Eligible Submissions may initially be screened by a qualified internal panel selected by the Sponsor at its sole discretion. The internal panel will judge these Submissions on the criteria identified in these Official Rules to select finalist Submissions. Finalist Submissions will then be judged by the expert judging panel determined by the Sponsor and identified on the Competition Website. The internal panel and expert judging panel are not required to test the Application and may choose to judge based solely on the text description and video provided in the Submission. The Sponsor and the Administrator reserve the right to substitute or modify the judging panel at any time for any reason. 

B. All Judges shall be and remain fair and impartial. Any Judge may recuse him or herself from judging a Submission if the Judge, the Sponsor or the Administrator considers that it is inappropriate, for any reason, for the Judge to evaluate a specific Submission or group of Submissions. 

C. A Contestant’s likelihood of winning will depend primarily on the number and quality of all of the Submissions, as determined by the Judges using the criteria in these Official Rules. The dates for the judging panel are September 10, 2013 at 10:00am Eastern Time and September 18, 2013 at 5:00pm Eastern Time (the “Judging Period”). 

10. Best Overall App – Grand Prize, Second Prize, and Third Prize

A. Criteria (equally weighted): 

(i) Quality of the idea (includes creativity and originality and potential to enrich the TV viewing experience);

(ii) Implementation of Idea (Includes how well the idea was executed by the Contestant and how well the Application integrates with the Viggle platform)

(iii) Overall User Experience (Includes design, graphics, typography, and visual aesthetic)

B. The three (3) Contestants whose Submissions earn the highest overall scores will become potential winners of the Prizes identified below in Section 16.  

C. Tie Breakers. In the event of a tie between two or more Submissions, the tied Submission with the highest score in the first criterion listed above shall be deemed the higher scoring Submission. In the event any ties remain, this process will be repeated by comparing the tied Submissions’ scores on the second, and third criterion listed above, respectively. If two or more Submissions are tied on all three criteria, the panel of Judges will vote on the tied submissions (the “Tie-Breaker Criteria”).

D. Large Organizations are not eligible to compete for the Best Overall App – Grand Prize, Second Prize or Third Prize.

11. Best Category Apps – Best Synchronized TV App, Best Social TV App

A. To be considered for the applicable Category Prize(s), an Application must meet the following award category requirements: 

Category

Requirements

Synchronized TV Apps

Synchronized TV Apps will alter the experience in sync with the progress of an on-air show, using the Viggle API (or other means) to determine where the user is in the viewing experience.

Social TV Apps

Social TV Apps will involve multiple users interacting with each other.

 

B. The Contestant will have the option to select within which Category their Submission will be evaluated. The Contestant will indicate at the time of entry no more than one category from Synchronized TV App, Social TV App, and Other, which applies to their Application. At any time, and at its sole discretion, the Sponsor will have the ability to re-assign a submitted Submission from one Category to another. All categorized Submissions will be eligible to win the Best Overall App Awards and the Popular Choice Award. 

C. Submissions that include an Application that are entered into the Synchronized TV App or Social TV App category and meet the applicable category requirements will be evaluated for Category Prizes based on the following criteria (to be equally weighted):

(i) Quality of the idea (includes creativity and originality and potential to enrich the TV viewing experience);

(ii) Implementation of Idea (Includes how well the idea was executed by the Contestant and how well the Application integrates with the Viggle platform)

(iii) Overall User Experience (Includes design, graphics, typography, and visual aesthetic)

The criteria listed in (i) – (iii) above are, collectively the “Category Criteria”. 

D. The one (1) Submission in each category that earns the highest overall score based on the Category Criteria will become potential winners of the applicable Category Prize identified below in Section 16. If there is a tie between or among two or more Submissions, the higher scoring Submission will be determined by the Tie-Breaker Criteria described in Section 10(C). 

E. Large Organizations are not eligible to compete for or win Prizes in the Synchronized TV App and Social TV App categories. 

12. Special Jury Prize

A. Criteria: 

(i) Awarded at the discretion of the judging panel for apps that demonstrate outstanding creativity, user experience, integration with a particular show, visual design, and innovative approach to the second screen, unique feature set, or other remarkable qualities.

B. The up to three (3) Contestants whose Submissions are selected at the discretion of the judges will become the potential winners of the Special Jury Prize identified below in Section 16. The total amount of the prize may be split into up to three (3) awards.

C. Large Organizations are not eligible to compete for the Special Jury Prize..

A. The public voting is scheduled to take place between September 10, 2013 at 10:00am Eastern Time, USA and September 18, 2013 at 5:00pm Eastern Time, USA (the “Voting Period”). Public voting will determine the potential winner of the Popular Choice Award. Large Organizations shall not be eligible to compete for or win a Popular Choice Award.

B. The potential winner of the Popular Choice Award will be determined on the basis of the verified vote counts, as determined by the Sponsor or the Administrator. The Sponsor and the Administrator reserve the right to extend the Voting Period at any time for any reason.

D. One (1) potential winner of the Popular Choice Award Prize (described in Section 16 below) will be selected based solely on the highest number of votes received from Registered Visitors on the Competition Website.  If there is a tie between or among two or more Submissions for the Popular Choice Award, the higher scoring Submission will be determined by the Tie-Breaker Criteria (described in Section 10(c) above).

E. The likelihood of being selected to win a Popular Choice Award depends on the total number of verified votes received on the Submissions relative to other Contestants.

F. Use of an automated process or similar device to submit an electronic vote is strictly prohibited. Any attempt to circumvent the one-vote limit per Submission, including the use of multiple email addresses or any form of automated vote processes will subject all votes from the person or entity to disqualification. The Sponsor and/or the Administrator reserves the right to disqualify any Contestant at their sole discretion, if a Contestant receives multiple and/or irregular votes from the same user or users, or receives votes in a manner that otherwise may indicate automated or non-automated vote manipulation. If the voting process for the Popular Choice Award fails to operate properly or appears to be tampered with or tainted with errors, fraud or unfair practices, the Sponsor and/or the Administrator at their sole discretion reserve the right to determine the winner by using non-suspect votes, or by any other means the Administrator deems appropriate.  If no alternative means of determining a winner of the Popular Choice Award is available, Administrator may eliminate the Popular Choice Award. Contestants may not pay or otherwise compensate anyone or provide any other type of consideration in exchange for votes.

14.  Viggle Recognition Award

A. Criteria (equally weighted): 

(i) Quality of the idea (includes creativity and originality and potential to enrich the TV viewing experience);

(ii) Implementation of Idea (Includes how well the idea was executed by the Contestant and how well the Application integrates with the Viggle platform)

(iii) Overall User Experience (Includes design, graphics, typography, and visual aesthetic)

B. One Large Organization Contestant whose Submission earns the highest overall score for the Viggle Recognition Award will become potential winner of the non-cash Prize identified below in Section 16. In the event of a tie between or among two or more Submissions for the Viggle Recognition Award, the winning Submission shall be determined by the Tie-Breaker Criteria.

C. The likelihood of a Large Organization being selected to win the Viggle Award depends on the number and quality of eligible Submissions made by Large Organizations.

15. Verification of Potential Winners

A. ALL POTENTIAL COMPETITION WINNERS ARE SUBJECT TO VERIFICATION OF IDENTITY, QUALIFICATIONS AND ROLE IN THE CREATION OF THE APPLICATION BY THE SPONSOR AND THE ADMINISTRATOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE COMPETITION. Potential winners must continue to comply with all terms and conditions of these Official Rules throughout the Submission Period and Judging Period. Potential winners will be notified using the email address associated with the ChallengePost account used to enter the Submission on or about September 25, 2013. For sake of clarity, if a potential winner is a team, Organization, or Large Organization, the notification will only be sent to the Representative. In order to receive a Prize, the potential winner will be required to sign and return to the Administrator, affidavit(s) of eligibility or a similar verification document and liability/publicity release(s) within seven (10) business days (if a potential winner is a team, Organization, or Large Organization, the Representative and all participating members must sign and return to the Administrator said affidavit(s) of eligibility or a similar verification document and liability/publicity release(s) within ten (10) business days). If a winner is considered to be a minor is his or her state of residence, at Sponsor’s sole option, the prize will either be awarded to the minor winner’s parent or legal guardian on behalf of the winner, or the minor’s parent or guardian will be required to ratify and sign the affidavit of eligibility, and liability/publicity release. 

B. At the sole discretion of the Sponsor and Administrator, a potential winner will be deemed ineligible to win if: 

(i) the potential winner (or in the case of a team, Organization, or Large Organization, their Representative) cannot be contacted within seven (7) business days, or is contacted and refuses the Prize;  

(ii) the potential winner (or in the case of a team, Organization, or Large Organization, their Representative or any participating member) fail(s) to sign and return the affidavit(s) of eligibility or a similar verification document and liability/publicity release(s) within seven (10) business days from receipt of such documents;  

(iii) the Prize or Prize notification is returned as undeliverable; or  

(iv) the Submission or the potential winner, or any member of a potential winner’s team, Organization, or Large Organization, is disqualified for any other reason.  In the event of such disqualification, Sponsor and Administrator at their sole discretion may award the applicable Prize to an alternate potential winner. The disqualification of one (or more) team members (or, in the case of Organizations or Large Organizations, any participating members) from further consideration in this Competition for any reason may result in the disqualification of the entire team, Organization, or Large Organization and of each participating member at the sole discretion of the Sponsor and/or Administrator.

16. Prizes

Winner

Prize 

Quantity

Best Overall App – Grand Prize

US$25,000

1

Best Overall App – Second Place

US$10,000

1

Best Overall App –Third Place

US$5,000

1

Best Synchronized TV App

US$2,500

1

Best Social TV App

US$2,500

1

Special Jury Prize

US$3,000

Up to 3

Popular Choice Award

US$1,000

1

Viggle Recognition Award

Recognition only

1

 

A. No Prize substitutions will be made except for the right of the Sponsor to make a Prize substitution of equivalent or greater value. Prizes must be accepted as awarded. No transfer or substitution of a Prize is permitted except at the Sponsor’s and Administrator’s sole discretion. The Prize will be mailed to the winning Contestant’s or, if a team or Organization is selected as a prize winner, the Representative’s address within 45 days of receipt of the signed affidavit(s) of eligibility or a similar verification document and liability/publicity release(s) form(s). If a team or an Organization is selected as a Prize-winner, the associated Prize will be shipped to said team or Organization’s Representative. It will be the responsibility of the winning team or Organization’s Representative to allocate the Prize amongst its team or Organization members, as the Representative deems appropriate. 

B. Winners (and in the case of team or Organization, all participating members) are responsible for reporting and paying all applicable federal, state, and local taxes. It is the sole responsibility of Prize winners of US$600 or more to provide certain information to facilitate receipt of the award, including completing and submitting any tax forms when necessary and any applicable withholding and reporting requirements. The Sponsor and Administrator reserve the right to withhold a portion of the prize amount to comply with tax laws. 

C. In the event a winner/potential winner’s employer has a policy that prohibits the awarding of a Prize to an employee, the Prize will be forfeited and an alternate potential winner will be selected. 

17. Entry Conditions and Release 

A. Each Contestant hereby acknowledges and agrees that the relationship between the Contestant, the Sponsor and the Administrator, is not a confidential, fiduciary, or other special relationship, and that the Contestant’s decision to provide the Contestant’s Submission to Sponsor and Administrator for the purposes of this Competition does not place the Sponsor, the Administrator, and their respective agents in a position that is any different from the position held by the members of the general public with regard to elements of the Contestant’s Submission, except as specifically provided in these Official Rules. 

B. By entering, each Contestant (including, in the case of team, Organization, or Large Organization, all participating members) agree(s) to: 

(i) comply with and be bound by these Official Rules and the decisions of the Sponsor, Administrator, and/or the Competition judges which are binding and final in all matters relating to this Competition; and  

(ii) release, indemnify, defend and hold harmless the Sponsor, Administrator, and their respective parent, subsidiary, and affiliated companies, the Prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Competition, and all of their respective past and present officers, directors, employees, agents and representatives (hereafter the “Released Parties”) from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees), including but not limited to negligence and damages of any kind to persons and property, defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a Contestant’s entry, creation of Submission or entry of a Submission, participation in the Competition, acceptance or use or misuse of the Prize (including any travel or activity related thereto) and/or the broadcast, transmission, performance, exploitation or use of Submission as authorized or licensed by these Official Rules. 

C. Without limiting the foregoing, the Released Parties shall have no liability in connection with: 

(i) any incorrect or inaccurate information, whether caused by the Sponsor or  Administrator’s electronic or printing error, or by any of the equipment or programming associated with or utilized in the Competition; 

(ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, internet connectivity or electronic transmission errors, or network hardware or software or failure of the Competition Website;

(iii) unauthorized human intervention in any part of the entry process or the Competition; 

(iv) technical or human error which may occur in the administration of the Competition or the processing of Submissions; or 

(v) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the Contestant’s participation in the Competition or receipt or use or misuse of any Prize. If for any reason any Contestant’s Submission is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, the Contestant’s sole remedy is to request the opportunity to resubmit its Submission, which request will be determined at the sole discretion of the Sponsor and the Administrator if the Competition Submission Period is still open.

18. Publicity 

Participation in the Competition constitutes a winner’s consent to Sponsor’s, and their agents’ use of the winner’s name, likeness, photograph, voice, opinions, comments and/or hometown and state of residence (and, as applicable, those of all other members of the team or Organization which participated in the Submission) for promotional purposes in any media, worldwide, without further payment or consideration, for a period of two years following the conclusion of the Competition.

19. General Conditions 

A. Sponsor and Administrator reserve the right to cancel, suspend and/or modify the Competition, or any part of it, if any fraud, technical failure or any other unanticipated factor or factor beyond Sponsor’s and Administrator’s control impairs the integrity or proper functioning of the Competition, as determined by Sponsor and Administrator at their sole discretion. The Sponsor and Administrator reserve the right at their sole discretion to disqualify any individual or Contestant it finds to be tampering with the entry process (for example by using the aid of computer software programs to auto-fill entries) or the operation of the Competition or to be acting in violation of these Official Rules or in a manner that is inappropriate, unsportsmanlike, not in the best interests of this Competition, or a violation of any applicable law or regulation. 

B. Any attempt by any person to undermine the proper conduct of the Competition may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor and the Administrator reserve the right to take proper legal action, including, without limiting, referral to law enforcement, for any illegal or unlawful activities. 

C. The Sponsor and/or the Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The Sponsor and the Administrator are not responsible for incomplete, late, misdirected, damaged, lost, illegible, or incomprehensible Submissions or for address or email address changes of the Contestants. Proof of sending or submitting will not be deemed to be proof of receipt by Sponsor or Administrator. The Sponsor and the Administrator are not responsible for, nor are they required to count any vote which, in their sole judgment, is incomplete, late, misdirected, damaged, unlawful or illicit, including those secured through payment, votes achieved through automated means, as well as those lost for technical reasons, defective or otherwise in violation of these rules. 

D. In the event of any discrepancy or inconsistency between the terms and conditions of the Official Rules and disclosures or other statements contained in any Competition materials, including but not limited to the Competition Submission form, Competition Website, advertising (including but not limited to television, print, radio or online ads), the terms and conditions of the Official Rules shall prevail. 

E. The Sponsor and the Administrator reserve the right, without liability, to amend the terms and conditions of the Official Rules at any time, including the rights or obligations of the Contestant, the Sponsor, and the Administrator. The Sponsor and Administrator will post the terms and conditions of the amended Official Rules on the Competition Website. As permitted by law, any amendment will become effective at the time the Sponsor and/or Administrator post the amended Official Rules. 

F. Excluding Submissions, all intellectual property related to this Competition, including but not limited to trademarks, trade-names, logos, designs, promotional materials, web pages, source codes, drawings, illustrations, slogans and representations are owned or used under license by the Sponsor and/or the Administrator. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owners is strictly prohibited. 

G. Should any provision of these Official Rules be or become illegal or unenforceable in the jurisdiction of a permitted entrant, such illegality or unenforceability shall leave the remainder of these Official Rules unaffected and valid. The illegal or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest and best reflects the Sponsor’s intention in a legal and enforceable manner with respect to the invalid or unenforceable provision.

20. Limitations of Liability 

By entering, all Contestants (including, in the case of a team, Organization, or Large Organization, all participating members) agree to be bound by the Official Rules and hereby release the Released Parties from any and all liability in connection with the Prizes or Contestant’s participation in the Competition. Provided, however, that any liability limitation regarding gross negligence or intentional acts, or events of death or body injury shall not be applicable in jurisdictions where such limitation is not legal. 

21. Disputes

 A. Contestants agree that: 

(i) any and all disputes, claims and causes of action arising out of or connected with this Competition, or any Prizes awarded, other than those concerning the administration of the Competition or the determination of winners, shall be resolved individually, without resort to any form of class action; 

(ii) any and all disputes, claims and causes of action arising out of or connected with this Competition, or any Prizes awarded, shall be resolved exclusively by the United States District Court of New York or the appropriate New York State Court; and  

(iii) under no circumstances will Contestants be entitled to, and Contestants hereby waives all rights to claim, any punitive, incidental and consequential damages and any and all rights to have damages multiplied or otherwise increased.

 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. 

B. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Contestants, the Sponsor and the Administrator in connection with the Competition, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. 

22. Privacy

The Administrator collects personal information from you when you enter the Competition. The information collected is subject to the privacy policy located here: http://ChallengePost.com/privacy

23. Competition Results 

For Competition results, visit Competition Website on or about September 25, 2013.

24. Contact Us 

If you have any questions or wish to send us any notice regarding this Competition, please email us at Support@ChallengePost.com