CAPTION A SIMS PET CONTEST SUMMARY

1.             Overview and Eligibility: The Caption a Sims Pet Contest is a series of contests (each a “Contest” and collectively, the “Contests”) sponsored and administered by Cheezburger, Inc. (“Administrator” or “Cheezburger”) through which individuals can enter each Contest by visiting http://sims3pets.icanhascheezburger.com and submitting an entry using the Cheezburger LOLbuilder.

The Contest is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Void where prohibited.  Officers, directors, employees, contractors and agents of the Administrator, Electronic Arts, Inc. (“EA”), their respective parent companies (if any), subsidiaries and affiliated companies, advertising, promotional and judging agencies, persons engaged in the development, production or distribution of materials for the Contests, and their immediate family members (parent, child, sibling, and spouse of each) of and/or persons living in the same household as such individuals (whether related or not) are not eligible to participate. The Contest is subject to all applicable federal, state and local laws and regulations. Participation in the Contest constitutes entrant’s full and unconditional agreement to the Official Rules and the decisions of the Administrator, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein. 2.                Administrator: Cheezburger, Inc., 190 Queen Anne Ave. N., Suite 310, Seattle, WA 98109.

3.             Contest Details:

5.             No Spam/Compliance With Guidelines: All participants and all entries must comply with Cheezburger’s Terms of Service and Use and Community Guidelines. Administrator reserves the right to delete or disregard entries that are inappropriate or that do not comply with its content and community guidelines.4.             Contest Summary: For each Contest, members of Cheezburger’s editorial staff will select the entry that Cheezburger believes is the most creative and humorous.  The selected entries will be evaluated by the creativity and humorous nature of the entry and selected if it believes that the entry exhibits the best of such qualities.  Cheezburger will draw upon its experience in online marketing to evaluate the humorous and creative qualities of the submitted entries.

6.             Use of Entry Materials: You grant Administrator permission to use (1) your name, (2) likeness, (3) any public account information, and (4) your entry materials, in any and all media, in connection with its announcement of the winner and in connection with any publicity Administrator may conduct around the contest or around their sites or products. Subject to this modification, any personal/contact information you provide will be subject to the standard Privacy Policy of Cheezburger.

7.             FTC Disclosure Guidelines: To the extent winners post or publish reviews of any of the prizes, the winners must comply with the FTC’s endorsement guidelines: “Guides Concerning the Use of Endorsements and Testimonials in Advertising: Notice Announcing Adoption of Revised Guides.”

8.             Odds of Winning. Odds of winning depend on the number of entries and relative performance of all entrants.

9.             No purchase necessary to enter or win. Void where prohibited.

10.          The above terms and conditions are only a summary of The Sims 3 Pets Contest Official Rules [http://sims3pets.icanhascheezburger.com/rules]. The terms and conditions of The Sims 3 Pets Contest Official Rules govern this contest.

THE SIMS 3 PETS CONTEST OFFICIAL RULES

1. 1.             ELIGIBILITY. The Contests are open to individuals who are legal residents of the 50 United States and the District of Columbia who are 18 years of age or older. Officers, directors, employees, contractors and agents of EA or Administrator, their respective parent companies (if any), subsidiaries and affiliated companies, advertising, promotional and judging agencies, persons engaged in the development, production or distribution of materials for the Contests (collectively, the “Promotion Parties”) and their immediate family members (parent, child, sibling, and spouse of each) of and/or persons living in the same household as such individuals (whether related or not) are not eligible to participate.  This Contest is subject to all applicable federal, state and local laws and regulations, and void where prohibited by such laws.  By participating, you agree to these Official Rules and the Administrator’s decisions are final and binding in all respects.  Administrator reserves the right to verify eligibility qualifications of the winners.

1. 2.             HOW TO ENTER. The first Contest begins at 12:00 A.M. Pacific Daylight Time, October 11, 2011 and entries may be made until 11:59 P.M. Pacific Standard Time, November 21, 2011 (“Entry Period”).  During the Entry Period, caption one of The Sims 3 Pets computer generated animals available for the applicable Contest and submit the captioned animal by using the online submission interface.  Contest participants must submit their name and email address with their entry.  By completing and submitting a captioned animal (an “Entry”), you agree that your Entry conforms to the Entry Guidelines and Content Restrictions as defined below (collectively, the “Entry Guidelines and Restrictions”).

Each entrant may submit one or multiple Entries per Contest during the Entry Period. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the email address used to register for an account will be deemed to be the registrant or player.  The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.  The potential winner may be required to show proof of being the authorized account holder.  Administrator cannot accurately predict the number of Entries which will be made to the Contest. ONCE YOU SUBMIT YOUR ENTRY, IT BECOMES THE PROPERTY OF THE ADMINSTRATOR.

1. 3.             ENTRY GUIDELINES AND RESTRICTIONS. An Entry must meet the following guidelines (“Entry Guidelines”):

•  The Entry must comply with the Terms of Service and Use and Community Guidelines. Administrator reserves the right to delete or disregard any Entry that is inappropriate or that does not comply with the foregoing; and

The Entry must additionally comply with the following restrictions (“Content Restrictions”):

•  The caption must not contain material that violates or infringes another person’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;

•  The caption must not contain any commercial, advertising contest or any other third party brand names, logos or trademarks;

•  The caption must consist solely of material created by entrant or otherwise have the right to submit the caption as contemplated hereunder, subject to the rights granted by entrant hereunder;

•  The caption must not contain material that is hateful, tortuous, defamatory, slanderous or libelous toward any person living or deceased, or otherwise infringe upon any person’s personal or proprietary rights;

•  The caption must not contain material that is obscene, sexually explicit or pornographic or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that is designed to annoy or harass;

•  The caption must not make any references to alcoholic beverages, tobacco, drug paraphernalia, firearms, or any depiction or representation thereof;

•  The uploaded submission must not contain any virus, Trojans, hacks, spyware or malicious code of any type;

•  The caption must be suitable for audiences of all ages and be consistent with EA’s and Administrator’s reputation in the marketplace, including its reputations for quality and integrity; and

•  The uploaded submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where Entry is created.

Failure of any Entry to comply with the above Entry Guidelines and Content Restrictions, as determined by Administrator in its sole discretion, may result in the deletion of the Entry and disqualification from the Contest.  No Entry will be acknowledged or returned. Administrator shall have the right to delete, edit, adapt and publish any or all of the Entries, and may use them in any media without attribution or compensation to the entrant, his/her successors or assigns, or any other entity.  As more fully explained in Section 10 below, SUBMITTING AN ENTRY IN THIS CONTEST CONSTITUTES A GRANT OF AN IRREVOCABLE, ROYALTY-FREE WORLDWIDE LICENSE TO ADMINSTRATOR AND THEIR RESPECTIVE AFFILIATES TO REPRODUCE AND DISPLAY THE ENTRY, OR ANY DERIVATIVE THEREOF, IN ALL MEDIA NOW KNOWN OR HEREAFTER DEVISED, INCLUDING, WITHOUT LIMITATION, THE INTERNET, IN PERPETUITY. Promotion Parties are not responsible for lost, late, incomplete, invalid, un-intelligible or misdirected Entries.  Such Entries are void and will be disqualified. Promotion Parties are not responsible for inability to connect to any website including but not limited to the Entry Site.  Promotion Parties are not responsible for inability to upload the Entry. Administrator, in its sole discretion, may feature any submission submitted in this Contest at any time during, or after, the Entry Period on any related websites, in any promotional materials, whether related or unrelated to the Contest, and at any other location, whether physical or online, that Administrator, in its sole discretion, deems appropriate for the operation and promotion of this Contest.

1. 4.             WINNERS DETERMINATION. Within three (3) days of end of the Entry Period for the applicable Contest, Administrator will select at its editorial discretion the Entry that will be evaluated by Cheezburger. If the initial Entry selected by Administrator is not approved, the contest Administrator will continue to make alternate selections until such approval is obtained.  Winners will be notified by email (within fourteen (14) days of being selected) using the contact information provided with the original Entry in the form of the reply-to field.  Any winner notification that is returned will result in prize forfeiture and an alternate winner may be selected at Administrator’s discretion. Winner has five (5) calendar days to respond to the notice from the Administrator. If no response is received within five (5) calendar days, an alternate winner will be chosen.  Each winner will also be required to complete and return an Affidavit of Eligibility and Liability/Publicity Release.  Failure to fully complete and return the Affidavit of Eligibility and Liability/Publicity Release within five (5) calendar days will result in prize forfeiture and an alternate winner may be selected at the Administrator’s discretion.  Each winner’s Entry submission and acceptance of the prize offered constitutes permission (except where prohibited) for the Administrator to use said winner’s name, likeness, any public account information, and submission materials, in all forms of media worldwide, in perpetuity, without limitation, notice or further compensation.

1. 5.             PRIZES; ODDS OF WINNING.  

Contest #1 (“Take Gaming To New Lands . . . Outside!”).  Prize: One outdoor movie screen, one projector,  one inflatable couch and one  copy of the Sims 3 game.  Approximate retail value: $350.00.

Contest #2 (“Cut Out The Noise And GAME!”).  Prize: One pair of BOSE Noise Cancelling Headphones, one iTunes Gift Card and one copy of the Sims 3 game.  Approximate retail value: $400.00.

Contest #3 (“Fill Your Own House With Items You Can Find In The Sims!”)  Prize: One electronic fireplace, one vintage record/compact disc player, one fake fish tank and one copy of the Sims 3 game.  Approximate retail value: $460.00.

The odds of winning any Contest depend on the total number of all eligible entries received and the relative performance of all entrants.  Administrator may change the prizes in its sole discretion.  All prizes subject to availability.   Any prize that requires a third party to provide services may be subject to additional terms and conditions provides by the third party service provider.   The manufacturers and suppliers of the prizes are not affiliated with the Contests.  NO PURCHASE NECESSARY TO ENTER OR WIN.  A PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING. VOID WHERE PROHIBITED.

1. 6.             REPRESENTATIONS AND WARRANTIES BY ENTRANT. By submitting an Entry, the entrant warrants that (i) the Entry complies with these Official Rules, including without limitation all Entry Guidelines and Content Restrictions; (ii) the Entry complies with all applicable laws, rules, and regulations; (iii) Promotion Parties will not be required to make any payments to any third party in connection with its use of any Entry; and (vii) the entrant shall indemnify and defend the Promotion Parties against any and all claims or causes of action arising out of any of the foregoing representations and warranties.

1. 7.             LIMITATIONS OF LIABILITY; DISCLAIMER OF WARRANTIES. In the event of a printing or production-related error, Promotion Parties shall have no liability. In no event shall more prizes be awarded than the number referred to in Section 5 above.  All federal, state and local taxes and/or duties are the sole responsibility of winner.  By participating, the entrant agrees to release, defend, hold harmless and indemnify the Promotion Parties and their respective parents, directors, officers, employees, shareholders and agents against any and all liability, damages claims or causes of action (however named or described), with respect to or arising out of entrant’s participation or inability to participate in a Contest, and/or the receipt, use or misuse of the prizes awarded herein.  There are NO WARRANTIES express or implied made by ADMINISTRATOR and, additionally, no implied indemnities of any kind.

1. 8.             TERMS OF USE. The same Terms of Service and Use, Community Guidelines and Privacy Policy of the entry site apply to each Contest.

1. 9.             WINNERS LIST. List of winner(s) will be published on the Administrator’s website at http://icanhascheezburger.com for a month following the end of the Entry Period and will be available by written request to Administrator (190 Queen Anne Ave. N., Suite 310, Seattle, WA 98109), after that period of time.

1. 10.          GRANT OF RIGHTS; WARRANTIES AND REPRESENTATIONS. As a condition of participation in any of the Contests, each entrant hereby grants and agrees to grant to Administrator and its respective affiliates the non-exclusive worldwide, royalty free right and license to reproduce, modify, use, post, publish, perform, display, and otherwise distribute in any medium (including, but not limited to online on the Entry Site), the Entry for any purpose, and/or otherwise use or exploit in connection with the promotion, publicity and/or advertising of the Contest and/or Administrator the Entry submitted by the entrant.

1. 11.          FTC DISCLOSURE GUIDELINES.  To the extent winners post or publish reviews of any of the prizes, the winners must comply with the FTC’s endorsement guidelines: “Guides Concerning the Use of Endorsements and Testimonials in Advertising: Notice Announcing Adoption of Revised Guides.”

1. 12.          GENERAL. The Administrator reserve the right to change these terms at any time, effective upon posting the new changes on this website. The Contest is subject to all applicable federal, state, and local laws and regulations. The laws of the State of Washington govern the Contests without reference to choice of law principles.  Any dispute regarding the Contests is exclusively subject to binding arbitration (with one (1) arbitrator sitting) in Seattle, Washington pursuant to the commercial arbitration rules of the American Arbitration Association.  Each entrant irrevocably waives any and all right to a trial by jury in any legal proceeding arising out of or relating to a Contest.  Each entrant further waives any objection to venue in Seattle, Washington, whether such objection is based on lack of personal jurisdiction, improper venue, forum non conveniens, or the like.