Master Official Rules

Transcription

1 2018 Christy Sports Sweepstakes Master Official Rules NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. 1. Introduction: During the period beginning at 12:00 a.m. Mountain Time ("MT"), January 01,2018 and ending at 11:59 p.m. MT, December 31,2018 (the "Sweepstakes Period") Christy Sports L.L.C. may offer multiple individual sweepstakes, each of which will be governed by these Rules. Each such sweepstakes (each referred to as a Sweepstakes ) will have a distinct start and end date (the "Individual Sweepstakes Period"), and prize(s), and will begin at 12:00 a.m. MT and end at 11:59 p.m. MT (unless otherwise specified in the details governing any individual Sweepstakes). The individual Sweepstakes are all located on the Christy Sports website: (the "Website"). The details for each individual Sweepstakes (e.g., Individual Sweepstakes Period, prize(s), and eligibility variations; referred to herein as Sweepstakes Info ) can also be accessed by navigating to and clicking on the Individual Sweepstakes Info links. The Official Rules for each individual Sweepstakes are comprised of these Rules and the Individual Sweepstakes Info section for the applicable individual Sweepstakes, the laws of the State of Colorado, and applicable United States federal law without regard to any conflicts of law principles. For purposes of these Rules, any Sweepstakes individually and collectively are referred to as the "2018 Christy Sports Sweepstakes." 2. Sponsor: Christy Sports L.L.C., 875 Parfet Street, Lakewood, CO Agreement to Official Rules: By entering any Sweepstakes you agree to abide by the terms of these Official Rules, including without limitation the eligibility requirements, and by the decisions of Sponsor, which are final and binding on all matters pertaining to any Sweepstakes. Participation in any Sweepstakes also is governed by, and by entering any Sweepstakes you also agree to comply with, any applicable policies and terms ( Terms ) of any social media sites on which any Sweepstakes is advertised or through which it is accessed and the terms of use of In the event of any inconsistency or conflict between the Terms and these Rules, these Rules shall control. These Sweepstakes are in no way sponsored, endorsed or administered by, or associated with, any social media site, including but not limited to Facebook, Twitter, Google+, Pinterest, or Instagram. By entering you understand that you are providing your information to Christy Sports and not to any social media site. 4. Eligibility: Each Sweepstakes is open to legal U.S. residents (excluding New York, Rhode Island, Florida, Puerto Rico, U.S. Virgin Islands, Guam and other United States territories) at the time of entry, who are eighteen (18) years of age or older at the time of entry. Employees and non-employee workers of Sponsor or any social media site (i.e. Facebook, Twitter, Google+, and so on) on which any Sweepstakes is advertised or through which it is accessed, and their respective parent companies, affiliates, subsidiaries, agents, service providers, advertising and Sweepstakes agencies, and any and all other companies associated with any Sweepstakes agents (collectively, the Sweepstakes Entities ), and each of their immediate family members (as defined by the IRS), and people living in the same household are not eligible to participate. All eligibility is subject to all federal, state, and local laws and

2 regulations. All entries submitted are the property of the Sponsor. Sponsor s computer clock will be the timekeeper for this Sweepstakes. 5. How to Enter: a. During any Individual Sweepstakes Period, visit the Website. Locate the list of Individual Sweepstakes to see all of the available Sweepstakes. Follow the instructions to enter any Individual Sweepstakes. b. Free Method of Entry: Unless a different Free Method of Entry is specified in the Individual Sweepstakes Info available on the Website, during any Individual Sweepstakes Period, hand print your full name, complete home address including zip code, home telephone number with area code, date of birth, and e- mail address (if available) on a 3 x5 postcard and mail with proper postage: Christy Sports Sweepstakes Free Entry, 875 Parfet Street, Lakewood, CO Number of allowable entries will be limited to the number indicated in the Sweepstakes Info for each Individual Sweepstakes. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. All mail-in entries must be postmarked and received by the dates set forth in the Sweepstakes Info section of the individual Sweepstakes accessed from the Website. 6. Individual Sweepstakes: The Sweepstakes Periods, mail-by deadlines, prizes, drawing dates, and other terms and conditions different from or additional to these Rules are set forth in the Individual Sweepstakes Info section of each individual Sweepstakes. In the event of any conflict between these Rules and any Individual Sweepstakes Info, the Individual Sweepstakes Info will control. 7. Drawings: On or about the drawing date set forth in the Sweepstakes Info section for each Sweepstakes, the Sponsor will select the potential winner(s) for each Sweepstakes in a random drawing from all eligible entries received for that Sweepstakes, unless otherwise specified in a Sweepstakes Info section. The odds of winning a particular prize depend on the number of eligible entries received for the applicable Sweepstakes. Prizes will be awarded to potential winner only if they fully comply with these Rules. Christy sports reserves the right to, without any prior notice and at any time prior to delivery, change or replace prize. Prize is non-assignable, non-transferable, and CANNOT BE RETURNED TO CHRISTY SPORTS FOR MONETARY EXCHANGE. No cash alternative or substitution will be allowed in any circumstance including without limitation prize forfeiture. All incidental expenses shall be the responsibility of each of the winners above. Taxes are the sole responsibility of winner. 8. Potential winners: Potential winners must continue to comply with the Official Rules and winning is contingent upon fulfilling all requirements. Each potential winner will be notified by phone, , mail, or other electronic method, whichever is deemed appropriate by the Sponsor. If any potential winner does not respond within seven (7) business days of the first notification attempt or if the prize notification or prize is returned as unclaimed or undeliverable or potential winner has not complied with these Official Rules or is disqualified, each such potential winner may be disqualified and forfeits his or her prize and an alternate winner may be selected. Potential winners will be required to provide proof of age over eighteen years and sign and return an affidavit of eligibility and liability/publicity release within seven (7) business days of prize notification or prize will be forfeited. Prizes may include shipping to a local place of residence, but do not include any import duties, tariffs or local taxes. Conduct of any Sweepstakes and the drawing are under the supervision of the Sponsor. Sponsor shall have no liability for any potential prize winning notification or prize that is lost, intercepted or not received by any potential winner for any reason. Each Individual Sweepstakes winner s

3 name may be posted on the Christy Sports webpage after each Individual Sweepstakes Period. 9. Release and Conditions for entry: To the maximum extent permitted by applicable law, by entering any Sweepstakes, each entrant agrees for entrant and entrant s heirs, executors, and administrators: (A) to release, defend, indemnify and hold harmless Sweepstakes Entities and their respective officers, directors, employees, agents, affiliates, and parent corporations (collectively, Released Parties ) from any liability, illness, injury, death, loss, demands, claims, disputes, proceedings, litigation, obligations, costs or debt, expenses (including but not limited to attorney s fees and accounting fees), and damages that may occur, directly or indirectly, whether caused by negligence or not, arising out of or relating to such entrant s participation in any Sweepstakes and/or his/her use of and access to any Sweepstakes Entities in connection with this Sweepstakes, including without limitation entrant s failure to comply with any applicable law, any policy or term of the Sweepstakes Entities, or entrant s acceptance, possession, use, or misuse of prize or any portion thereof (including any travel related thereto), and from any Sweepstakes Entity s use, sharing, or disclosure of the entrant s personal information provided in connection with a Sweepstakes; (B) that Released Parties have neither made nor are in any manner responsible or liable for any representation or guarantee express or implied, in fact or in law, with respect to any prize nor any merchandise exchanged for such prize, including, without limitation, such prize s quality or fitness for a particular purpose; (C) to comply with all Sweepstakes Entities policies, rules, terms, and conditions relating to the use of Sweepstakes Entities websites; and (D) to be bound by these Rules and to waive any right to claim any ambiguity or error therein or in any Sweepstakes itself. Failure to comply with these conditions for an Individual Sweepstakes may result in disqualification from such Sweepstakes at Sponsor s sole discretion. This release, defense, indemnification and hold harmless obligation, as well as the Limitation of Liability and Arbitration provision below at paragraph fourteen (14), shall survive any expiration or termination of any Sweepstakes and entrants use of any Sweepstakes Entities. 10. Data: By entering any Sweepstakes, you consent to the collection, use, and disclosure of any information contained in your entry materials, or shared by your social media accounts in connection with a Sweepstakes, if applicable, or otherwise collected in connection with any Sweepstakes entry, or through any Sweepstakes app by Sponsor in connection with any Sweepstakes, in accordance with these Official Rules and Sponsor's Privacy Policy. In the event of any inconsistency or conflict between the Privacy Policy and these Rules, these Rules shall control. By participating in any Sweepstakes, entrants hereby acknowledge that they have read and accepted Sponsor s privacy policy and these Official Rules. Sponsor reserves the right to use any and all information related to any Sweepstakes, including information in any Sweepstakes entries, in any manner permitted by these Rules or its Privacy Policy. BY ENTERING ANY SWEEPSTAKES YOU AGREE AND CONSENT TO CHRISTY SPORTS SHARING YOUR PERSONAL INFORMATION INCLUDING BUT NOT LIMITED TO: NAME, ADDRESS, PHONE NUMBER AND ADDRESS. 11. Publicity Release: In addition, to the maximum extent permitted by applicable law, by entering any Sweepstakes, each entrant grants to Sponsor and Sponsor's designees the worldwide, perpetual, irrevocable, and transferable right to copy, reformat, resize, crop, recolor, distribute, transmit, publish, display, and otherwise use all or any portion of entrant's entry materials and entrant's name, state of residence, biographical information, statements, voice, story, likeness, prize information, and any information or materials associated with entrant's entry (collectively, the "Attributes") for Sponsor's publicity, advertising, marketing, and Sweepstakes purposes worldwide, in all media and by all means now known or hereafter devised, without notice, review, approval, or additional compensation, and releases any Sweepstakes Entities from all claims arising out of the use of such Attributes. Each entrant irrevocably waives any moral or other

4 rights he or she may possess to the extent they might otherwise limit the free exercise by Sponsor of the above rights. By accepting a prize, each winner reaffirms the above grant and agrees to execute any documents reasonably requested by Sponsor to confirm such grant if asked to do so. 12. Termination: If for any reason, act, or occurrence, any Sweepstakes is not capable of running as planned, including without limitation infection by computer virus, bugs, tampering, unauthorized intervention, mechanically reproduced, software generated, or otherwise automated entries, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, or integrity of the game or contest, the Sponsor reserves the right in its sole discretion to disqualify any individual it believes has tampered with the contest process, and/or cancel, terminate, modify or suspend the Sweepstakes. If any Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the winner in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. These Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. 13. Disqualification: Sponsor reserves the right to disqualify any entries that Sponsor considers in its sole discretion to: contain obscene comments, gibberish, or messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate, contain false or unsubstantiated statements, or be mechanically reproduced, software generated, or otherwise automated. In addition, Sponsor reserves the right in its sole discretion to disqualify any individual who is considered by Sponsor in its sole discretion or found to be tampering with the entry process or the operation of any Sweepstakes, to be acting in violation of these Rules, to be acting in an un-sportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of any Sweepstakes, or to annoy, abuse, threaten or harass any other person, or who communicates messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate, or to disqualify any entries that do not meet the requirements in these Official Rules, that contain gibberish, or that appear in Sponsor s sole judgment to have been generated by automation. Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Christy Sports failure to enforce any term of these Official Rules shall not constitute a waiver of that provision, or any other provision. In case of a dispute over the identity of an entrant, the authorized account holder of the address used to enter will be considered to be the entrant for entries via internet. Entries made by any individual other than those described herein or by any entity, including but not limited to commercial contest subscription notification and/or entering services, will be declared invalid and disqualified for this Sweepstakes. In case of dispute as to identity of an entrant, entry will be deemed to have been made by the registered user of the account, and if a prize is won, will be awarded to the registered user, if eligible. Sponsor is not responsible for any problems or technical malfunction of social media services, of the online Sweepstakes entry tool on the Christy Sports website or on a social media website, or of any mobile networks, any telephone network or lines, computer on-line systems, servers, or provider, computer equipment, software, failure of any submission to be received by the Sponsor on account of technical problems, human error or traffic congestion, or any combination thereof, including any injury or damage to the participant's or any other person's mobile phone or device related to or resulting from participation in this Contest. Sponsor is not responsible for undelivered s and/or messages resulting from any form of active or passive filtering by a participant s internet service provider and/or client or for insufficient space in participant s account to receive messages. Sponsor is not responsible for lost, late, mutilated, misdirected, illegible, incomplete, inaccurate, postage-due, misdirected, or stolen, submissions, which will be disqualified,

5 or prize notifications, or prizes. No mechanically reproduced, illegible, incomplete, forged, softwaregenerated or other automated entries will be accepted. Sponsor is not responsible for any incorrect or inaccurate information, whether caused by web site users, or tampering or hacking, or by any of the equipment or programming associated with or utilized in any Sweepstakes. If, for any reason, any Sweepstakes is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of Sponsor, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Internet portion of this Sweepstakes for any drawing(s) and select the winner from regular mail-in entries and Internet entries received for that drawing prior to the action taken. Entrants are only eligible to win one prize during any Christy Sports sponsored promotion (including any Sweepstakes or contest) on Christy Sports website or Fan Page during each Individual Sweepstakes Period and within the last twelve consecutive months from each Individual Sweepstakes Period start date. 14. Limitation of Liability and Arbitration: Except where prohibited, each entrant agrees that: (1) any and all questions, controversies, claims and causes of action arising out of or connected with the construction, validity, interpretation, and enforceability of the Official Rules, or the rights and obligations of the entrant and sponsor in connection with any Sweepstakes or any prize shall be resolved exclusively by means of arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, in Denver, Colorado, and shall be resolved individually, without resort to any form of class action or representative action, and entrant shall not seek to aggregate any claims with other individuals; (2) SPONSOR S LIABILITY ARISING IN CONNECTION WITH ANY SWEEPSTAKES WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF (I) $1.00 WITH RESPECT TO NON- WINNERS AND ANY RUNNERS- UP; AND (II) $5.00 WITH RESPECT TO ANY WINNER ; AND SHALL BE FURTHER LIMITED TO ACTUAL DAMAGES EQUAL TO OR LESS THAN SUCH AMOUNTS, RESPECTIVELY, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, NONE OF THE SWEEPSTAKES ENTITIES SHALL BE LIABLE FOR, AND ENTRANT WAIVES ALL RIGHTS TO CLAIM ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR ATTORNEYS FEES ARISING OUT OF THE SWEEPSTAKES OR PRIZES OFFERED IN CONNECTION WITH THE SWEEPSTAKES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED (EVEN IF ANY ENTRANT OR ANY ENTRANT S AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), AND TO RECOVER OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, NOR SHALL AN ENTRANT BE ENTITLED TO RESCIND THIS AGREEMENT NOR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator. The place of arbitration shall be Denver, Colorado. The arbitration shall be governed by the laws of the State of Colorado without giving effect to any choice of law or conflict of law rules of the State of Colorado or of any other jurisdiction. Depositions shall be limited to a maximum of three per party and shall be held within twenty days of the making of a request. Additional depositions may be scheduled only with the permission of the arbitrators, and for good cause shown. Each deposition shall be limited to a maximum of seven hours duration. Time is of the essence for any arbitration under this agreement and arbitration hearings shall take place within ninety (90) days of filing and awards rendered within one hundred twenty (120) days. The Arbitrator shall agree to these limits prior to accepting appointment. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The prevailing party shall not be entitled to an award of attorney fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any

6 arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above. BY PARTICIPATING IN ANY SWEEPSTAKES, AN ENTRANT WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. 15. Severability. If any provision of these Rules is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Rules will remain in full force and effect. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof. WINNERS LIST: To obtain the name of the winner(s) for any Individual Sweepstakes, send a self-addressed stamped envelope to: Christy Sports, RE: [NAME OF SWEEPSTAKES] SWEEPSTAKES WINNERS LIST, 875 Parfet Street, Lakewood, CO 80215; you must indicate the name of the Individual Sweepstakes for which you would like a winner(s) list. WA and VT residents may omit return postage. All such requests must be received within six months from the end of the Individual Sweepstakes Period Christy Sports all rights reserved.