The 404 1,159: Where we challenge you to a vote-off (podcast)

On today's episode of The 404 Show, we'll run through Time Magazine's best inventions of 2012, check out the nastiest nicknames for the Presidential candidates, and address the rumors of an incoming Xbox Surface tablet.


Tune into today's show to hear an update to The 404's Halloween Samsung Galaxy SIII Giveaway Contest! With all the chaos of last week, we're editing some of the rules (see full list at the bottom of this page), but here's how to enter:

  • Follow @the404.
  • Tweet out using #404S3 a photo and quick description why you need a new phone.
  • Your photo MUST include your Twitter handle handwritten in the image.
  • The submission deadline is Sunday 11/11 at Midnight ET.

Leaked from today's 404 episode:

- Time's best inventions of 2012.

- Obummer vs. Mittens: The most popular nasty nicknames for the candidates.

- Xbox Surface gaming tablet reportedly in the works .

- Out of the box, the 32GB Surface only has 16GB free.

Bathroom break video: 2012 Voting Machines are altering votes?


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Episode 1,159

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Official Rules & Participant Release

NO PURCHASE NECESSARY TO ENTER OR WIN. MUST BE A LEGAL RESIDENT OF THE UNITED STATES, AT LEAST 18 YEARS OLD OR AGE OF MAJORITY, WHICHEVER IS OLDER IN STATE OF RESIDENCE, AT DATE OF ENTRY INTO CONTEST. VOID WHERE PROHIBITED BY LAW.

CONTEST DESCRIPTION
The "The 404 Halloween Samsung Galaxy SIII Giveaway Contest (the "Contest"), is a promotion tied to the CNET Show 404 Podcast (the "Show') and in which Participants (as defined below) will submit a photo (the "Promotion Entry(ies)") featuring participant's picture of their best, inspired Show Costume. The Promotion Entries may be displayed on the CBSI Service (as defined below), see Section 4 for details on the Promotion Entry requirements and how to create and submit one. Administrator will determine the top Promotion Entry and the winners of the Contest ("Winners") in accordance with the procedure set forth in paragraph 5, below.

Sponsor & Administrator: CBS Interactive Inc. ("CBSI") 1401 W. Cypress Creek Road, Suite 200, Fort Lauderdale, FL 33309

Prize Provider: PMKBNC, Brand Marketing & Communications, 8687 Melrose Avenue 8th Floor, Los Angeles, CA 90069

Contest Entities: CBSI and PMKBNC, Brand Marketing & Communications,

1. Acceptance of Official Rules: By entering the Contest operated on the CBSI web site accessible at the domain "cnet.com" (the "CBSI Service"), you ("you", "yourself", "Participant") hereby accept and agree to these official rules (the "Official Rules") of this Contest, the CBSI Service Terms of Use and Privacy Policy, incorporated herein by reference, and the decisions of the Administrator in connection with this Contest, whose decisions are final.

2. Eligibility: This Contest is offered and open to persons who are: (a) legal residents of the United States; and (b) at least 18 or age of majority (whichever is older in state of residence), on date of entry into the Contest. Employees, officers and directors, and their immediate family members, of the Contest Entities, and their parents, affiliated and subsidiary companies, advertising and promotion agencies are not eligible to participate in the Contest. In addition, any individual who has entered into an agreement that would make the broadcast of that individual's Promotion Entry on the CBSI Service impossible or subject to third-party approval are not eligible to participate in this Contest. For purpose of the foregoing "immediate family" means parents, spouses, children, siblings or any members of the same households of such employees and directors. The Contest is void in Puerto Rico, all US Territories and Possessions, outside of the U.S. and where prohibited by law.

3. Promotion Period: The Contest begins on November 6, 2012 at 12:00:00 PM Pacific Time ("PT") and ends at 12:00:00 PM PT on November 11, 2012 (the "Promotion Period"). The Promotion Period is divided into two (2) phases, the Entry Period and the Judging Period. Participants can submit their Promotion Entry starting at 12:00:00 PM PT on Novemeber 5, 2012 and running through November 11, 2012 at 11:59:59 PM PT (the "Entry Period"). Only eligible Promotion Entries submitted during the Entry Period will be entered into the Contest and be eligible for the grand prizes (the "Prizes"). The Promotion Entries will be judged starting on November 12, 2012 and ending at 12:00:00 PM PT on November 15, 2012 (the "Judging Period"). No Promotion Entries will be accepted for consideration after the Entry Period deadline has passed.

4. How to Enter the Contest and Submit the Promotion Entry: To enter this Contest, Participants must go to the Show's page on the CBSI Service during the Entry Period and follow the instructions. Once the Participant completes the foregoing tasks, such Participant will be entered into the Contest. By sending the Promotion Entry, Participants grant the Administrator a perpetual, royalty-free, world-wide right (but not the obligation) and license to use, reproduce, publish, distribute, transmit, broadcast, or publicly exhibit, display, perform or digitally perform the Promotion Entry on the CBSI Service and any other media and platforms now know or later developed at Administrator's sole and exclusive discretion, with no compensation to you. The Promotion Entry must comply with the requirements below. Limit of one (1) Promotion Entry per person during the Entry Period.

Promotion Entry Requirements:

a. must be suitable for presentation in a public forum, in the sole determination of the Contest Entities;

b. must be delivered by uploading the Promotion Entry to the CBSI Service formatted and encoded in accordance with the requirements listed on the CBSI Service to include one of the following file types: (i) jpg; (ii) gif; (iii).bmp; or (iv).png;

c. must not include any person other than the Participant, unless Participant has written permission from any and all third parties appearing on the Promotion Entry (Administrator, at its sole discretion, may accept any permission sent);

d. must not include threats to any person, place, business, group or world peace;

e. except for the topic provided herein, must not include thoughts, ideas, lyrics, music or any creative element other criteria set forth herein;

f. cannot exceed 2 MB in size;

g. must satisfy all eligibility requirements set forth herein; and must be in English and shall not be disparaging, abusive, sexually explicit, sexually suggestive, offensive, illegal, libelous, defamatory, obscene, vulgar, offensive, indecent, in bad taste, reflect negatively on the Contest Entities (or any of them), promote or incite violence, terrorism, or illegal acts, or be otherwise objectionable (all as determined by the Administrator in its sole discretion).

Additionally, the Promotion Entry must not: i) infringe any third party's rights, including, without limitation, copyright, trademark, right of publicity, right of privacy or trade secret and, must not in any way violate applicable laws and regulations; and ii) contain any commercial content that promotes any product or service, or contain or reference any third party names, logos, service marks, trademarks, trade names or trade dress (other than the Show).

The determination of whether a Promotion Entry violates any of the above prohibitions shall be within the Administrator's sole discretion. If a Promotion Entry is deemed by the Administrator to violate any such prohibition(s), the Promotion Entry shall be disqualified, removed from the CBSI Service, and the Participant shall not be eligible to win a Prize. Administrator reserves the right to reproduce the Promotion Entries in full (or to not reproduce any particular Promotion Entry at all), or edit and enhance the Promotion Entry at their discretion. Administrator is authorized to use or not use the Promotion Entries as it sees fit, including usage in advertising. All Promotion Entries uploaded will not be returned to Participant.

Administrator will not be responsible for lost, stolen or misplaced entries. Administrator reserves the right to take down any Promotion Entry from the CBSI Service at any time during or after the Promotion Period and for any reason or for no reason at all in Administrator's sole discretion. As part of the registration process for participation in the Contest, Participant will be required to signify that Participant has read, accepted and agreed to be bound by these Official Contest Rules and Release and the terms hereunder, including but not limited to the releases of liability and licenses granted herein, including the decisions of the Administrator, which are final and binding in all respects.

5. Winner Selection/Judging: The Prize Winner will be selected by a panel of judges (the Judging Panel). The judging panel shall select the eligible Promotion Entries, as they are received, to be published on the CBSI Service (for the purpose of clarity selecting the eligible photos (and posting on the CBSI Service, if at all) may take up to seventy-two (72) hours from when they are uploaded). The Judging Panel, on the basis of the criteria herein, will select the potential Prize Winners. The Winners may be revealed online on or around November 16, 2012. The Judging Panel will be comprised of representatives of the Contest Entities, whose decisions will be final and binding in all respects. The Judging Panel will judge, during the applicable phases, the Promotion Entries based on the following criteria: creativity and originality (45%), relevance to Show (45%), and photography/quality of photo (10%). In the event an exact duplicate Promotion Entry is submitted, only the first such Promotion Entry received will be considered. All Promotion Entries must be submitted by the end of the Entry Period in order to be eligible. Any Promotion Entry submitted after this deadline will not be considered and will not be eligible for publication on the CBSI Service, nor the Prize.

6. Prize; Prize Restrictions: Prize: The Contest shall award three (3) prizes that each consists of one (1) Samsung Galaxy SIII. Each Prize has an approximate retail value ("ARV") of Five Hundred Forty Nine Dollars (US$549.00). Total ARV of all prizes to be awarded in this Contest is One Thousand Six Hundred Forty Seven Dollars (US$1,647.00).

Prize Restrictions: Service is not included on Prizes (phones), however, the phone should work with Winner's existing service on most carriers. Prize is nontransferable. All taxes, including but not limited to federal, state, local, income and other taxes are the sole responsibility of the Prize Winner. No assignment, transfer or substitution of the Prize is permitted. Prize is solely for personal use and may not be used in conjunction with any other promotion. All other costs and expenses not specified herein, if any, are the responsibility of each Prize Winner. Contest Prize's details are at the sole discretion of the Contest Entities. Potential Winners will be notified by email and/or by phone, on or about November 16, 2012. If the potential Winner cannot be reached after a reasonable effort has been made during five (5) days from the first notification attempt, such person may be disqualified and an alternate Winner shall be selected in accordance with these Official Rules. Only two attempts for new alternates, per prize, will be conducted. If attempts fail, unclaimed Prize will not be awarded.

7. Affidavit of Eligibility/Liability Release and Publicity Release/Publicity Release Terms: Each Winner may be required to complete, execute and return an Affidavit of Eligibility/Liability Release, and where lawful, a Publicity Release (collectively, the "Release Forms") within five (5) days of receipt of such Release Forms. Failure to return Release Forms in a timely manner, or if notification is returned as non-deliverable, or if a Winner is found not to be eligible or not in compliance with these Official Rules, may result in disqualification with an alternate Winner selected in accordance with these Official Rules Except where prohibited by law, the Winner's acceptance of the Prize constitutes permission for the Contest Entities to use Winner's name, photograph, likeness, statements, biographical information, voice, and address (city and state) worldwide and in all forms of media, in perpetuity, without further compensation.

8. Improper Conduct: Administrator, in its sole discretion, may disqualify any Participant from participation in or use of any or all portions of this Contest including Prize claim, if Participant engages in any conduct Administrator deems to be improper, unfair or otherwise adverse to the operation of the Contest or detrimental to other Participants of the Contest or to any person or third-party. Such improper conduct includes, without limitation, harassing any Contest Entity, falsifying personal information required during Participant registration, violating any term or condition stated herein, including but not limited to the requirements in Rule 4 of these Official Rules, accumulating entries through methods such as automated computer scripts or any other programming techniques, allowing others to use Participant's personal information for the purpose of accumulating entries, or intentionally trying to defraud, reverse engineer, disassemble or otherwise tamper with the computer programs in connection with this Contest. Participant acknowledges that Administrator may pursue other avenues of recourse such as criminal or civil proceedings in connection with such conduct. WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, EACH OF THE CONTEST ENTITIES RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

9. Integrity of Contest: If, for any reason, the Contest is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, cancellation of Show or any other causes which Administrator, in its sole opinion believes could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Administrator reserves the right at its sole discretion to cancel, terminate, modify or suspend this Contest and select the Winners from entries received prior to the action taken or in such other manner as Administrator may deem fair and appropriate. Additionally, the Contest may be modified or terminated due to the Show being put on hiatus or due to scheduling changes.

10. Lost or Corrupted Entries: The Contest Entities and their parents, affiliated and subsidiary companies and advertising and promotion agencies, as well as all of the foregoing affiliates, shareholders, partners, members, officers, directors, agents, co- branders, or other partners, employees, governors, trustees, and volunteers, and their respective successors and assigns, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, lost, late, incomplete, corrupted, stolen, misdirected, illegible or postage due entries or mail, if applicable; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. The Administrator and its parents, affiliated and subsidiary companies, advertising and promotion agencies, are not responsible for any incorrect or inaccurate information, whether caused by registration information submitted by end users or tampering, hacking, or by any of the equipment or programming associated with or utilized in this Contest, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Contest.

11. Damaged Property: Contest Entities and their parents, affiliated and subsidiary companies and advertising and promotion agencies, as well as all of the foregoing affiliates, officers, directors, agents, co-branders, or other partners, employees, governors, trustees, and volunteers, and their respective successors and assigns, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to any Participants or to any other person's computer or property related to or resulting from participating in this Contest or downloading materials from this Contest.

12. Contest Errors: The Contest Entities and their parents, affiliated and subsidiary companies and advertising and promotion agencies, as well as all of the foregoing affiliates, shareholders, partners, members, officers, directors, agents, co- branders, or other partners, employees, governors, trustees, and volunteers, and their respective successors and assigns, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Contest; (b) in any related advertising or promotions of this Contest; and/or (c) in these Official Rules. In the event of any ambiguity(s) or error(s) in these Official Rules, Administrator and the Contest Entities, or any of them, reserve the right to modify these Official Rules for clarification purposes or to correct any such ambiguity or error(s) without materially affecting the terms and conditions of the Contest.

13. Winners: The Contest Entities and their parents, affiliated and subsidiary companies and advertising and promotion agencies, as well as all of the foregoing affiliates, officers, directors, agents, co-branders, or other partners, employees, governors, trustees, and volunteers, and their respective successors and assigns, assume no liability and are not responsible for, and you/ Participant hereby forever waive/s any rights to any claim in connection with, the selection and announcement of a Winner, and/or any injury or damage to any Participant's or third person's property related to or resulting from any part of this Contest.

14. Limitation of Liability: IN NO EVENT WILL THE CONTEST ENTITIES, THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE CONTEST OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE CONTEST. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

15. Disclaimer of Warranties: THE CONTEST AND PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

16. Identity Disputes: In the event of a dispute as to the identity of a Winner based on an email address, the winning entry will be declared made by the Authorized Account Holder of the email address submitted at time of entry. For purposes of these Official Rules, "Authorized Account Holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

17. Binding Arbitration: The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules and/or this Contest. Any controversy or claim arising out of or relating to these Official Rules and/or this Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

18. Governing Law and Jurisdiction: This Contest is governed by US law and is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Participant and Administrator in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 17 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of New York.

19. Winner List/Official Rules: For the name of the Winners send a self addressed stamped envelope for receipt by November 30, 2012 to "Winner's list: The 404 Halloween Samsung Galaxy SIII Giveaway Contest" CBS Interactive Inc., 1401 W. Cypress Creek Rd., Suite 200, Fort Lauderdale, FL 33309. For a copy of the Official Rules send a self addressed stamped envelope to the above address marked "Official Rules: "The 404 Halloween Samsung Galaxy SIII Giveaway Contest" for receipt by November 12, 2012; residents from VT may omit postage on the self addressed envelope. The full name of the Winners may be posted on the CBSI Service; The Official Rules will be posted on the CBSI Service.

 

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