SEASON OF GIVIT

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN.

The Holiday Mannequin Challenge Contest (the “Contest”) begins at 12:00:01 PM Eastern Time (“ET”) December 13, 2016 and ends at 11:59:59 PM ET on January 14, 2017 (the “Contest Entry Period”).

Eligibility: Contest is open solely to individuals who are legal residents of the 50 United States (and the District of Columbia) who at time of entry are age 15 or older (referred to hereafter as an “Entrant”) who at time of entry are not professional actors, entertainers and/or models. A professional actor, entertainer and/ model is defined as a person who is contractually employed by company in the entertainment, music and/or modeling industry and cannot be members of SAG, AFTRA or Equity. Employees of Givit.com, (the “Contest Sponsor”), Ventura Associates International LLC (the “Administrator”) and their respective parent companies, subsidiaries, affiliates, advertising, public relations, sponsoring companies and partners and promotion agencies (collectively, the “Contest Entities”), and their immediate family members and/or those living in the same household of each, whether related or not, are not eligible to enter or win. Contest is governed by U.S. law and subject to all applicable federal, state and local laws and regulations. Void where prohibited by law.

You may compete as an individual or as a team of individuals (“Team”). If competing as a Team, the team member who submits the Entry into the Contest will be deemed the winning Entrant and will be the person who will receive the benefit of the prize, if entry is determined a winning entry. Hereinafter, an individual entrant or a Team will be referred to as an “Entrant.”

How to Enter: As an eligible Entrant, you can participate in the Contest by either: i) producing a Mannequin challenge video, up to thirty (30) seconds solely addressing the Contest theme of: Holiday Mannequin Challenge (your “Video”); and submitting your Video during the Contest Entry Period at: www.givit.com. Once you submit your Video, it will be deemed as an “Entry.” Original video must showcase only you or as a Team. Limit: Enter once daily. But, each Entry must be different. If more than one Entry from an individual is received on a given day, only the first eligible Entry received by the Contest Sponsor will be considered for online posting and voting. If an eligible Video exceeds thirty (30) seconds, only the first thirty (30) seconds will qualify for online posting and voting.

During the Contest Entry Period, you will disclose your relationship (e.g., Entrant and/or partner) with Contest Sponsor in any posts you make which reference Givit.com or any of its products by including the statement “I entered a contest sponsored by Givit.com.” in any such online posts. If you are selected as the winner, you will continue to disclose your relationship with Givit.com in all online posts you make that reference Givit.com or any of its products by including the statement “I received a prize Givit.com.” in any such online posts.

Entry must be original and not copied from any other work and must not infringe upon the rights of any third party. Content that may NOT be contained in an Entry includes, but is not limited to, the following:

  • with the exception of when an email address is requested for purposes of contacting a potential winner, any content providing personally identifiable information about yourself or any third parties, such as address, phone number or any contact information;
  • content in violation of third-party rights including, but not limited to: copyrights, trademark, right of publicity or any other proprietary rights;
  • content that is libelous, defamatory, disparaging or tortious;
  • content that is pornographic, adult-oriented or sexually-explicit;
  • content portraying or referring to lotteries or gambling;
  • content portraying or including explicit or offensive language;
  • content portraying or advocating violence, illegal activities, tobacco, alcohol or drugs, dangerous stunts;
  • content portraying or referring to weapons of any kind including, but not limited to, guns or bombs;
  • content that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or any basis protected by federal, state, or local law, ordinance, or regulation;
  • content that denigrates disparages or reflects negatively on the Contest Sponsor, its services and products or its employees, or on any other person, company, services and/or product;
  • content must not have been previously published, submitted or otherwise used for any commercial purpose;
  • content that communicates messages or images inconsistent with the positive images and/or goodwill to which Contest Sponsor wishes to associate;
  • depict or otherwise identify a minor unless a parent or legal guardian is the Entrant;
  • depict or otherwise identify a pet unless its legal owner is the Entrant.

If an Entry includes any of the prohibited elements listed above, the Entry will be disqualified, along with the Entrant who submitted it. The above list is not intended to be exhaustive; the Contest Sponsor may disqualify any Entry if it contains a video or photo or text the Contest Sponsor and/or the Administrator deems, in its sole discretion, to be offensive or obscene in any way or to not be in compliance with these Official Rules. Entries will not be received or held “in confidence” and a submission does not create a confidential relationship or obligation of secrecy between you and the Contest Sponsor or any of its affiliates. Entrants retain ownership of the Entries they submit; however, by submitting an Entry, the Entrant, on behalf of him/herself and any Third Party participant(s) grants Contest Entities, and their respective parent companies and/or agents, a perpetual, fully-paid, irrevocable, non-exclusive license to publish, reproduce, prepare derivative works of, distribute, display, exhibit, transmit, broadcast, televise, digitize, otherwise use, and permit others to use and perform throughout the world the Entry, in whole or in part, in any manner, form, or format now or hereinafter created, including on the Internet, and for any purpose, including, but not limited to, on Contest Entities’ websites, social media websites such as, but not limited to: Twitter, Instagram and/or any other advertising or promotion of Contest Entities all without further consent from or compensation to Entrant. By submitting an Entry, you agree that Contest Sponsor has no obligation to post or publish your Entry, that all such postings or publication, if any, will be in Contest Sponsor’s sole discretion and that the posting or publication of an Entry does not have any bearing on whether the Entry will be selected as a winner. Without limiting the generality of the foregoing, Entrant agrees that the Entry may be posted and shared by others as is associated with any social media website and that the Contest Entities are not responsible for any unauthorized use of Entries by third parties.

If the Entry contains any material or elements that are not owned by the Entrant and/or which are subject to the rights of third parties, the Entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Contest Sponsor in the manner set forth in these Official Rules. Contest Sponsor reserves the right to request proof of these permissions in a form acceptable to Contest Sponsor from any Entrant at any time.

Use of automated processes and devices to submit electronic Entries are not permitted. Contest Entities are not responsible for any changes or effects caused to Entrant’s computer system as a result of submitting an Entry. Only Entries submitted online and at www.givit.com will be accepted. Entries submitted via facsimile or other express delivery services will NOT be accepted. Contest Sponsor is not responsible for lost, late, misdirected, incomplete, illegible or otherwise undeliverable Entries, or Entries that cannot be processed and/or judged due to phone, network, electronic or computer hardware or software failure, or technical failures of any kind. The Contest Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Contest or Website or violates these Official Rules.

Contest Sponsor reserves the right to disqualify any Entry for any reason, in its sole and absolute discretion. Contest Sponsor is under no obligation to disclose why an Entry has been disqualified other than the Entry was ineligible under these Official Rules. Furthermore, the Contest Sponsor reserves the right to not award all of the prizes if, in its sole and absolute discretion, it does not receive a sufficient number of eligible Entries. Entries subject to all notices posted at www.givit.com, including these Official Rules.

Contest Judging: All eligible entries will be posted on www.givit.com for viewing and voting by the public to determine the top three (3) scoring Entries. The public will vote on their favorite entries using he following weighted judging criteria:

  1. most creative interpretation of Contest theme (25%),
  2. nostalgia (25%),
  3. humor (25%, and
  4. craziness (25%).

Voting can only be done via text message. TO VOTE: text message via your cell phone or mobile device using the code corresponding to your favorite entry to short code 499499 (“Vote”). Valid Votes will receive a bounce back message confirming the vote was recorded. Voters must be a wireless service subscriber and must have a text messaging two-way capable mobile device and digital service in order to vote and may be charged for the text messages sent and received from handset according to the terms in their Customer Agreement with their service provider. Standard data/text message rates apply.

Voting Limit: Only one (1) vote per number per Entry allowed. Votes received in excess of the stated limitation will be void. Voting generated by script, macro or other automated means or with the intent to impair the integrity of the rating process, as determined by Contest Sponsor in its sole discretion, will be void. Entrants are prohibited from obtaining votes by any artificial and/or unethical means, paid advertising regardless of media, fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to prospective voters, including exchanging/bartering of votes as determined by Contest Sponsor in its sole discretion.

At the end of Contest Entry Period, the three (3) Entries with the most votes will be declared the winners referred to herein as a “winner” or “winners” (subject to verification) and will be affirmed as follows: The entry with the highest amount of votes will be declared the Grand Prize winner. The entry with the second highest amount of votes will be declared the First Prize winner. The entry with the third largest amount of votes will be declared the Second Prize winner.

Ties: In the event of a tie, the Contest Sponsor will judge the tied Entries using the judging criteria stated herein these Official Rules and the highest score in most creative interpretation of Contest theme will be declared the winner. In the event of a further tie, the Contest Sponsor will judge the the tied Entries again using the judging criteria stated herein and the Entry with the highest score for humor will be declared the winner. In the event of a further tie, the Contest Sponsor will determine the winner from among the tied Entries. The decisions of Contest Sponsor are final and binding on all matters relating to the winner determination of any set of tied entries. Prizes: One (1) Grand Prize winner will win $25,000 and a donation of $25,000 will be awarded to the charity of winner’s choice listed on the Givit.com website. One (1) First Prize winner will receive $10,000 and a donation of $10,000 will be awarded to the charity of winner’s choice as listed on the Givit.com website. (1) Second Prize winner will win $5,000 and a donation of $5,000 will be awarded to the charity of winner’s choice as listed on the Givit.com website. Each prize will be awarded in the form of a corporate check. Prizes awarded approximately sixty (60) days after final determination of winners. Prizes are non-transferable and no substitution by winners is allowed. All federal, state and local taxes or other expenses relating to the prize won, acceptance and possession of prize are the sole responsibility of each winner. Prize amount may be subject to withholding in accordance with IRS regulations. An IRS form 1099 will be filed in the name of each winner for the value of the prize won.

Notification: Potential winners will be determined on or about January 30, 2017 and will be required to complete, sign and return an Affidavit of Eligibility, Release of Liability and a Publicity Release ("Affidavit") along with a W-9 IRS Tax Form so it is received by Administrator within five (5) days of date printed on notification or such winner will be disqualified and the alternate winner with the next highest score may be determined. The contact information provided at time of entry will be used to notify each winner. In the event a Team is a winner, the prize will be awarded solely to the Entrant who entered the video in the Contest (“winner”) and he or she will be responsible for executing and returning all required documents to Administrator for verification and accepting all tax liability associated with prize. Potential winners will be contacted via text, phone, email and/or overnight mail. If a potential winner is notified via text or email, he/she will be required to respond within three (3) days from the date of notification with his/her contact information or he/she will be disqualified and an alternate winner may be determined. Three attempts will be made to contact a potential winner within a three (3) day period. If a potential winner fails to respond within the three (3) day period, or if the email notification/attempt is returned as undeliverable, or if a potential winner does not respond within the time/date stated in email notification or if he/she cannot accept or receive the prize for any reason, or he/she is not in compliance with these Official Rules, the corresponding prize will be forfeited and an alternate winner may be determined. If a potential winner is otherwise eligible under these Official Rules, but is nevertheless deemed a minor in his or her state of primary residence, all required documents must be signed and returned by the winner’s parent or legal guardian on minor’s behalf. Except where prohibited by law, entry and acceptance of prize constitute permission to use each winner's name, prize won, residence, likeness, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.

Consent and Release: To the fullest extent possible in law, Entrants, and on behalf of their respective heirs, executors, administrators, legal representatives, successors and assigns (“Releasing Parties”), release, defend and hold harmless the Contest Entities (collectively, the “Released Parties”) from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive or exemplary damages, judgments, extent, executions, claims and demands whatsoever, in law, admiralty or equity, whether known or unknown, foreseen or unforeseen, against Released Parties which any one or more of the Releasing Parties ever had, now have or hereafter can, shall or may have which in any way arise out of or result from Entrant’s participation, acceptance and use or misuse of prize (if determined to be a winner). The Contest Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of any prize. In the event Contest Sponsor is prevented from continuing with the Contest as contemplated herein by any event beyond its control, or otherwise, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state, or local government law, order, or regulation, or order of any court, or other cause, Contest Sponsor shall have the right to modify, suspend or terminate the Contest. Furthermore, the Contest Sponsor reserves the right to terminate the Contest if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Contest), and to determine winners from among all eligible Entries received prior to termination. Entrants assume all liability for any injury, including death or damage caused or claimed to be caused, by participation in this Contest or use or redemption of the prize (if Entrant is determined to be a winner).

Arbitration: This Contest shall be governed by and interpreted under the laws of the State of New York, U.S.A. without regard to its conflicts of laws provisions. Entrants hereby agrees that any and all disputes, claims, causes of action, or controversies (“Claims”) arising out of or in connection with this Contest shall be resolved, upon the election by Entrant or Contest Sponsor, by arbitration pursuant to this provision and the code of procedures of either the National Arbitration Forum (“NAF”) or the American Arbitration Association (“AAA”), as selected by the Entrant. IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, NEITHER CONTEST SPONSOR NOR ENTRANT WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT ENTRANT WOULD HAVE IF ENTRANT WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS CONTEST. ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. The arbitrator’s authority to resolve Claims is limited to Claims between Contest Sponsor and Entrant alone, and the arbitrator’s authority to make awards is limited to awards to Contest Sponsor and Entrant alone. Furthermore, claims brought by either party against the other may not be joined or consolidated in arbitration with Claims brought by or against any third party, unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in this Agreement and without waiving either party’s right to appeal such decision, should any portion of this provision be deemed invalid or unenforceable, then the entire provision (other than this sentence) shall not apply.

Entry/vote that has been tampered with or altered, or mass Entries/votes or Entries/votes generated by a script, macro or use of automated devices are void. The Contest Sponsor is not responsible for: (i) human or technical error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of Entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive Entry information by Contest Sponsor on account of technical problems or traffic congestion on the Internet or at any Website or any combination thereof; (ii) any injury or damage to Entrant’s or any other person’s computer related to or resulting from participating in the Contest, or (iii) the failure of any third party to comply with the instructions and proper administration of this Contest. By participating in the Contest, Entrants (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Contest Sponsor and the Administrator, which are final and binding in all matters relating to the Contest. Contest Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Contest or web site or violates these Official Rules. LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY INTERFERE WITH THE OPERATION OF THE CONTEST, IS A VIOLATION OF CRIMINAL & CIVIL LAWS AND CONTEST SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

Winners List: For a list of winners (available after January 30, 2017) send a stamped, self-addressed envelope (postage not required for Vermont residents) after January 30, 2017 to: Season of Givit Contest Winners List, c/o Ventura Associates LLC, Dept. KM, 60 East 42nd Street, Suite 650, New York, New York, 10165.

Privacy: By entering the Contest, the information Entrants provide may be sent to promotional partners. Entrants may be contacted by the Contest Sponsor and/or any promotional partners with future promotional offers. Information provided by Entrants to participate in this Contest is subject to Contest Sponsor’s privacy policy located at Sofi.com.

Contest Sponsor: Givit.com, 3235 Donald Douglas Loop south, Santa Monica, CA 90405.

Administrator: Ventura Associates International LLC, 60 East 42nd Street, Suite 650, New York, New York, 10165.

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