Legal Stuff

MUTUAL LLC - CONTEST RULES

The following Contest Rules apply to all contests that Mutual LLC (“Mutual”, “we”) sponsors on its websites, social media accounts, or otherwise (“Contests”).  We encourage you to read these rules carefully before choosing to participate in our Contests.

NO PURCHASE NECESSARY TO WIN.  PURCHASING PRODUCTS OR SERVICES FROM MUTUAL WILL NOT IMPROVE YOUR CHANCES OF WINNING.  VOID WHERE PROHIBITED BY LAW.

ELIGIBILITY:  Mutual Contests are open to legal residents of the United States who are 18 years of age or older.  Employees or contractors of Mutual, their family members (spouse, parent, sibling or child and their respective spouses, regardless of where they reside) and persons living in the same household of Mutual’s employees or contractors, whether or not related, are not eligible to enter or win.  If a Contest is posted on a Mutual social media account such as Facebook or Instagram, you must have a valid, registered account and be in full compliance with all terms and conditions of that social media platform. You can review Facebook’s Terms of Use at https://www.facebook.com/legal/terms, and Instagram’s Terms of Use at https://instagram.com/about/legal/terms/ .  For the avoidance of doubt, Mutual Contests are in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, or any other social media platform where a Contest may be posted.  Contest entries generated by script, macro, or other automated means and entries by any means which subverts the entry process are void.

CONTEST BASICS: Unless otherwise stated, the entry period for each Contest will begin at the time the Contest is published (whether on Mutual’s social media account or elsewhere), and continue until specified in the post.  Contest winners will be selected within 24 hours after the end of the Contest; provided, however, that Mutual reserves the right to extend the selection period in its sole discretion.

Contest winners will be notified by Facebook message, Instagram direct message, or email, and you are required to respond to Mutual within 10 days indicating your acceptance and providing any additional information that Mutual needs in order to deliver your Contest prize.  Failure to respond within such 10 day period will result in forfeiture of the prize, and any forfeited prizes are not required to be subsequently awarded to other Contest participants (e.g., runner-ups).  Mutual reserves the right at its sole discretion to substitute any Contest prize (or any portion thereof) with one of comparable or greater value.  The winner of a prize is solely responsible for any and all applicable federal, state, territory, provincial and local taxes (including income and withholding taxes).

SUBMISSION OF PHOTO, TEXT OR OTHER CONTENT FOR CONTEST:
Entries selected for display and to win "best of" Contests and any other Contests requiring photo, text or other content from the entrants will be judged entirely at the discretion of Mutual.  By submitting any photo or information to Mutual, you hereby grant to Mutual and its affiliates, subsidiaries, licensees and assigns, an irrevocable, perpetual and royalty-free right to use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish and otherwise make use of the submitted photo or other information in any and all media, whether now known or hereinafter created, throughout the world and for any purpose.  The foregoing rights granted to Mutual include but are not limited to the right to resize, crop, censor, compress, edit, feature, caption, affix logos to, and to otherwise alter or make use of the submitted photo.

By submitting any photo or information to Mutual, you hereby represent and warrant that the submitted photo or information does not and shall not infringe on any copyright, any rights of privacy or publicity of any person, or any other right of any third party, and you have the right to grant all rights and licenses granted to Mutual herein, including but not limited to all necessary rights under copyright, free and clear of any claims or encumbrances.  You acknowledge and agree that Mutual shall have no obligation to post, display or otherwise make publicly available any photo or information submitted by you, and may, in its sole discretion, remove, edit, modify or delete any photo or information that you submit to Mutual.  You understand and intend that any photo or information submitted by you to Mutual may be available for viewing, rating, review and comment on by the public including on Facebook, Instagram, or other social media platforms, and understand that comments or ratings with which you disagree or are unhappy about may be published or otherwise become associated with any photo or information you submit to Mutual.  By submitting any photo or information to Mutual, you hereby waive any privacy expectations that you may have with respect to any such photo or information submitted by you to Mutual.

You hereby agree to hold Mutual and its affiliates, subsidiaries, licensees sponsors and assigns harmless from and against, and hereby waive any right to pursue, any claims of any nature arising in connection with the inclusion in, publication via or display on any Mutual site, social media account, in the Mutual app, or any other use authorized under these Contest Rules, of any photo or information submitted to Mutual by you.  Photos or information submitted by you shall be the property of Mutual, and Mutual shall have no obligation to preserve, return or otherwise make available to you or others any photos or information so submitted.

GENERAL CONDITIONS: By participating in a Contest, you agree: (a) to abide by these Contest Rules and decisions of Mutual, which shall be final in all respects relating to this Contest; (b) Mutual makes no warranties, express or implied, relative to the use or enjoyment of any Contest prize (or any portion thereof) including, without limitation, its quality, merchantability or fitness for a particular purpose; (c) to release, discharge and hold harmless Mutual, its contractors, Facebook, Inc., Instagram LLC, and all of their respective parents, affiliates, subsidiaries, and officers, directors, shareholders, employees, agents and representatives of any of the foregoing (collectively, "Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant's participation in the Contest or the acceptance, possession, use or misuse of any awarded prize (or portion thereof), including any/all travel/activity related thereto; and (d) to the use of your name, address (city and state), voice, performance, photograph, image and/or other likeness for programming, advertising, publicity, trade and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Mutual and its designees, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so.

In the event of a dispute regarding entries received from multiple users having the same social media or e-mail account, the authorized subscriber of the account at the time of entry will be deemed to be the entrant and must comply with these Contest Rules. The authorized account subscriber is the natural person who is assigned the social media account by the social media platform or e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses.  Released Parties are not responsible for any technical problems, malfunctions of any telephone lines, computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof.  Released Parties are not responsible for late, lost, damaged, misdirected, incomplete, undeliverable, destroyed, garbled, illegible, inaccurate, delayed or stolen entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether typographical, human mechanical, electronic, computer, network, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the prize or in any Contest-related materials.  Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest.  Released Parties are not responsible for injury or damage to entrants' or to any other person's computer related to or resulting from participating in this Contest or downloading materials from or use of the website.  Mutual may disqualify anyone from participating in the Contest or winning prizes (and void all associated entries) if, in its sole discretion, it determines that such person is attempting to undermine the legitimate operation of the Contest by cheating, deception or other unfair playing practices, or intending to annoy, abuse, threaten or harass Mutual, its representatives, or any other entrant. ANY ATTEMPT TO DELIBERATELY HARM OR DAMAGE SPONSOR’S MUTUAL APP, WEBSITE, SOCIAL MEDIA ACCOUNTS OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. Mutual reserves the right in its sole discretion to cancel, modify or suspend any portion of the Contest for any reason, including should any event or issue adversely affect the security or proper operation of the Contest and, in the event of termination, to determine the winner in a random drawing from among all eligible non-suspect entries received and combined up to such time of impairment.

DISPUTE RESOLUTION: Except where prohibited by law, as a condition of participating in this Contest, entrant agrees that (1) any and all disputes and causes of action arising out of or connected with this Contest, or prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the entrant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, whether foreseeable or not and whether based on negligence or otherwise, including attorneys' fees, other than entrant's actual out-of-pocket expenses (i.e., costs associated with participating in this Contest), and entrant further waives all rights to have damages multiplied or increased.

GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Contest Rules, or the rights and obligations of entrant and Mutual in connection with the Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of California, USA.

SPONSOR: Mutual LLC, [email protected]