CONTEST RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
OPEN ONLY TO INDIVIDUALS WHO ARE LEGAL RESIDENTS OF, AND CURRENTLY RESIDING WITHIN THE FORTY-EIGHT (48) CONTIGUOUS UNITED STATES AND THE DISTRICT OF COLUMBIA (“D.C.”) (EXCLUDING NEW YORK AND FLORIDA), WHO ARE AT LEAST EIGHTEEN (18) YEARS OF AGE OR OLDER AT THE TIME OF ENTRY (NINETEEN (19) OR OLDER IF A RESIDENT OF ALABAMA OR NEBRASKA).
A VALID EMAIL ADDRESS IS REQUIRED FOR ENTRY. VOID OUTSIDE OF THE FORTY-EIGHT (48) UNITED STATES/D.C. AND WHEREVER PROHIBITED BY LAW. THIS SWEEPSTAKES IS GOVERNED BY UNITED STATES LAW. DO NOT ENTER IF YOU ARE NOT A RESIDENT OF AND LOCATED IN THE FORTY-EIGHT (48) CONTIGUOUS UNITED STATES OR D.C. AT TIME OF ENTRY. This Giveaway is governed exclusively by the laws of the United States.
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YOUR USE OR PARTICIPATION OF ANY EPIC CONTESTS, WEBSITE, SERVICES, OR SOFTWARE (Hereinafter “SITES”) IS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS. IF YOU DO NOT FULLY ACCEPT OR UNDERSTAND THESE TERMS, DO NOT USE OR ACCESS EPIC CONTESTS OR “SITES” AND OPT OUT IMMEDIATELY.
NOTICE REGARDING DISPUTE RESOLUTION AND WAIVER OF JURY TRIAL: THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND EPIC (OR ANY MEMBER OF THE EPIC FAMILY OF BUSINESSES) HAVE AGAINST EACH OTHER RELATING TO THE “SITES” ARE RESOLVED INCLUDING OBLIGATIONS TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING ARBITRATION, THESE PROVISIONS INCLUDE EACH PARTY'S WAIVER OF THE RIGHT TO A JURY TRIAL.
Please read this carefully. It affects your rights. Any and or All dispute(s) or claim(s) relating in any way to your use of or interaction with Epic Sports, Inc., or its advertising to you or communications with you, (including but not limited to contests, calling, texting, emailing, customer service, advertising, products, services, website, or app) will be resolved by binding arbitration, rather than court.
This agreement to arbitrate is intended to be broadly interpreted and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and Epic Sports, Inc. hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. ("FAA") applies to this agreement to arbitrate and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, the arbitration shall be administered by the American Arbitration Association's Consumer Arbitration Rules in effect at the time of filing of the arbitration (the "AAA's Rules"). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement and can award damages and relief (including any attorneys' fees) authorized by law and/or the AAA's Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.
YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND EPIC SPORTS, INC. ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.
THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND EPIC SPORTS, INC AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY'S CLAIMS WITH ANY OTHER PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
You and EPIC SPORTS, INC. are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. Epic Sports, Inc., however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the AAA's Rules regarding costs and payment apply.
This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If the application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.
THIS CONTEST IS OPEN ONLY TO “ENTRANTS” AS DEFINED IN PARAGRAPH 1 BELOW. THE CONTEST AND ENTRY THERETO ARE VOID WHERE THE CONTEST IS PROHIBITED OR RESTRICTED BY LAW. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES. NO PURCHASE IS NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE OR AFFECT THE POSSIBILITY OF WINNING. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES. THIS CONTEST IS NOT SPONSORED, ADMINISTERED, ENDORSED, OR AFFILIATED IN ANY WAY WITH FACEBOOK, TWITTER, INSTAGRAM, TIKTOK, REDDIT, OR OTHER SOCIAL MEDIA OUTLETS.
Contest Name: All Contests on this Epic Sports Contest page.
Sponsor (“Sponsor”): Epic Sports, Inc., 9750 E 53rd Street North, Bel Aire, KS 67226
Administrator: Epic Sports, Inc., 9750 E 53rd Street North, Bel Aire, KS 67226
By entering into the Contest outlined below, you are entering your Submission (as defined below) for judging in the Contest and entering into a binding contract with Sponsor for the Contest to be bound by these Official Rules governing the Contest. In addition, you are agreeing to the Terms & Conditions governing the use of the Sponsor’s website, pursuant to which you make certain representations to the Sponsor and grant it certain rights to use your Contest Submission and other submitted content. You are further agreeing to the use of your personal information in accordance with the Epic Sports privacy policy.
By submitting your Submission via the Facebook event, you agree to do business with Sponsor electronically. By agreeing to do business electronically, you (i) consent to the electronic communication and delivery of all documents related to the Website, the Contest, and all other services provided via the Website; (ii) agree that your act of clicking your consent to these Official Rules is a binding form of your electronic signature, which you agree binds you to these Official Rules, Terms & Conditions and Privacy Policy; (iii) represent that you have Internet access and a valid e-mail address enabling you to access the Website and to receive communications and documents electronically; and (iv) represent that you have a printer or other device to print or otherwise save communications and documents including, without limitation, these Official Rules and that you have, in fact, printed or otherwise saved a copy of these Official Rules for your records.
1. ENTRANT ELIGIBILITY. An “Entrant” is a natural person who (i) is a legal resident of the United States as of the date he/she submits a Submission; (ii) is at least 18 years old on the date of submitting a Submission; (iii) is not on the US Bureau of Industry and Security’s Denied Persons or Entity Lists, is not on the US Treasury Department's list of Specially Designated Nationals, and is not on the US Department of Commerce's Table of Denial Orders; and (iv) complies with the Method of Submission & Submission Requirements in Section 4 below, and all other terms of these Official Rules. Officers, directors, shareholders, members, managers, partners, employees, agents, and representatives of Sponsor and Administrator, and their respective parent companies (if any), subsidiaries, affiliates, successors, assigns, and members of their immediate families (parents, siblings, children, and spouses, regardless of where they live), and those persons living in the same household with such persons, whether related or not, are ineligible to enter. Winners will be required to sign an affidavit of eligibility, liability release, and, unless prohibited by law, publicity release.
2. ENTRY PERIOD. See each contest for entry and ending dates.
3. DISQUALIFICATION. Without limitation, an Entrant may be disqualified, at Sponsor’s sole discretion, if (i) Entrant has a pending arrest or conviction for a felony or misdemeanor involving moral turpitude, (ii) Entrant is subject to a restraining order; (iii) Entrant fails to meet the Method of Submission & Submission Requirements in Section 4, or (iv) Entrant violates or fails to comply with these Official Rules, or (v) Entrant cheats or attempts to cheat on any Epic Sports contest or defrauds Epic Sports in any way, or (vi) Entrant fails to submit all the required information of the contest. ANY PERSON ATTEMPTING TO DEFRAUD THE SPONSOR OR IN ANY WAY TAMPER WITH, DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST WILL BE DISQUALIFIED AND MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PROSECUTION.
4. METHOD OF SUBMISSION & SUBMISSION REQUIREMENTS. To enter the Contest, the Entrant must access the Facebook event located online and successfully submit the guess/photo/video to the event. Each individual contest/game differs, and there will be clear rules/requirements posted as to how many entries are allowed. Each Entrant may submit one to multiple submissions, per the written game requirements/rules.
In case of uploading a Submission in the Contest, the Entrant represents that the entire Submission meets the following additional requirements:
• The Entrant is the creator and owner of the Submission;
• The Entrants Submission was created solely by Entrant and not as part of a group;
• Submission cannot be obscene or offensive, or endorse any form of hate or hate group;
• Submission cannot defame, misrepresent or contain disparaging remarks about Sponsor, Administrator, or other people, products, or companies;
• Submission cannot contain or reference trademarks, logos, or trade dress owned by others, advertise or promote any brand or product of any kind, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses, or street addresses;
• Submission cannot contain copyrighted materials owned by others, including, without limitation, recipes of third parties;
• Submission cannot contain materials embodying the names, likenesses, or other indicia identifying any person, living or dead, other than the Entrant members; and
• Submission cannot depict or encourage, and cannot itself be, a violation of any law.
Entrant retains ownership of all rights and interests in and to the Submission, if any, but Sponsor will retain, and will not return, the copies of the Submissions it receives. All Submissions are subject to the Epic Sports Terms & Conditions. To the extent that there is any conflict between these Official Rules and the Terms & Conditions, these Official Rules will control. Sponsor reserves the right to disqualify a Submission at any time, in Sponsor's sole discretion.
5. ENTRANT REPRESENTATIONS, WARRANTIES & GRANT OF RIGHTS. By submitting a Submission, each Entrant acknowledges and understands that the Submission may be posted, reproduced, distributed, publicly displayed, publicly performed, and otherwise used for commercial, promotional, and/or non-promotional activities by Sponsor and/or Administrator as they see fit in their sole discretion in perpetuity. Entrant hereby irrevocably grants to Sponsor and Administrator, and their respective parent companies (if any), subsidiaries, affiliates, licensees, designees, and authorized agents an irrevocable, nonexclusive, unlimited, worldwide, sublicensable (through multiple tiers), compensation-free license and right to reproduce, distribute, publicly display, publicly perform, and transmit the Submission in any and all media formats, whether now existing or hereafter devised, for commercial and non-commercial purposes in perpetuity. Entrant represents and warrants that the Submission: (a) is an original work of Entrant, (b) does not infringe upon the copyrights, trademarks, rights of privacy, publicity, or other intellectual property or other rights of any person or entity. AFTER THE ENTRANT SUBMITS A SUBMISSION, THE ENTRANT IS PROHIBITED FROM (1) TRANSFERRING ANY OWNERSHIP INTEREST IN THE SUBMISSION TO ANYONE, AND (2) GRANTING ANY EXCLUSIVE RIGHT TO ANY OTHER THIRD PERSON. THIS RESTRICTION ENDS IF THE ENTRANT’S SUBMISSION IS NOT SELECTED AS A WINNING SUBMISSION (AS DEFINED IN THE SECTION.
6. PRIZE: The prize (“Prize”) consists of (See Each Individual Contest for Prize). The Entrant’s name, image, likeness, trademarks, personal attributes, and biographical information may be credited in connection with each Winning Submission, Winner is solely responsible for all taxes, costs, and expenses associated with the Prize. The prize is subject to availability and may be changed or modified at Sponsor’s sole discretion. If requested, each Winner shall provide Sponsor with valid identification and a valid taxpayer identification number, social security number, or equivalent as a condition of the prize being awarded. The Prize is not transferable, redeemable for cash, or exchangeable for any other prize. The approximate retail value of the Prize is (See Individual Contest for Prize value). THE ODDS OF WINNING DEPEND ON THE QUANTITY AND QUALITY OF THE ENTRIES.
7. JUDGING CRITERIA. The Winners will be selected by a panel of Sponsor Appointed judges or a group of your peers or maybe fellow contestants and judges may change or be different for each contest. (see each individual contest for types of judges and criteria).
8. SELECTION OF WINNERS; NOTIFICATION: The Entrant whose Submission is selected as the winning submission (“Winning Submission”) shall be the “Winner.” The sponsor will select the Winner and Winning Submission ( See Each Individual Contest for Selection & notification Dates). The sponsor will notify the Winner by contacting Winner using the contact information provided by Winner when completing the Submission form. The winner will be required to sign and return an Affidavit of Eligibility, Publicity Release (unless prohibited by law), and a Liability Release. In the event of failure to return the documents and/or requested information, or the return of any prize or prize notification as being undeliverable, within 30-days of notification, Winner will forfeit the prize and an alternate winner may be selected in the same manner as set forth in the judging criteria. Three alternate winner selections will be conducted, after which any remaining portion of the prize will remain un-awarded. All decisions of the Sponsor are final. The Contest and entry thereto are void where prohibited or restricted by law. SPONSOR WILL DELETE ALL SUBMISSIONS RECEIVED DURING THE CONTEST, EXCLUDING THE WINNING SUBMISSION, WITHIN THIRTY (30) DAYS AFTER ALL WINNERS ARE SELECTED.
9. TAXES. The valuation of the prize stated above is based on reasonably available information provided to the Sponsor. The value of any prize awarded to the Winner will be reported for tax purposes as required by law. The Winner is solely responsible for reporting and paying any and all applicable taxes. Entrants winning over $600 in prizes who are U.S. residents or citizens will receive an IRS form 1099-MISC at the end of the calendar year, and a copy of such form will be filed with the IRS.
10. PRIVACY & TERMS. Information submitted by Entrant will be subject to the Terms & Conditions of the Contest Website and Sponsor’s Privacy Policy (“Policy”), both of which are incorporated herein by reference.
11. DISCLAIMER. THE PRIZE IS AWARDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.
12. INDEMNIFICATION. ENTRANT SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS SPONSOR, ADMINISTRATOR, FACEBOOK, TWITTER, INSTAGRAM, TIKTOK, REDDIT OR OTHER SOCIAL MEDIA OUTLET AND THEIR RESPECTIVE PARENT COMPANIES (IF ANY), SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS; AND EACH OF THE RESPECTIVE FOREGOING’S PAST, PRESENT AND FUTURE OFFICERS, DIRECTORS, OWNERS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, PRINCIPALS, CONTEST JUDGES, EMPLOYEES, AGENTS, AND REPRESENTATIVES, FROM AND AGAINST ALL CLAIMS, LIABILITIES, LOSSES, DAMAGES, COSTS, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES AND COURT COSTS) ARISING OUT OF RELATING TO ANY ACTUAL OR CLAIMED INFRINGEMENT OF ANY PATENT, COPYRIGHT, MASK WORK, TRADEMARK, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY, PROPRIETARY, CONTRACTUAL OR OTHER RIGHT OF ANY THIRD PARTY, WITH RESPECT TO THE SUBMSSION SUBMITTED IN THIS CONTEST.
13. LIMITATIONS OF LIABILITY, RELEASE & FORCE MAJEURE. The Released Parties (as defined in the next paragraph below) are not responsible for: (i) technical problems or technical malfunction which may affect the operation of the Contest, including but not limited to any of the following occurrences (a) hardware or software errors; (b) faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; (c) errors or limitations of any Internet service providers, servers, hosts or providers; (d) garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent to or received; (ii) lost, late, delayed or intercepted transmissions; (iii) inaccessibility of any website, in whole or in part for any reason, or traffic congestions on the Internet; (iv) unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; (v) destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an account used in connection with the Contest; (vi) any typographical errors in the announcement of the Prize or these Official Rules, or any inaccurate or incorrect data contained on the Site; (vii) any personal injury, or property damage or losses of any kind which may be sustained to Entrant’s or any other person's computer equipment resulting from participation in the Contest, use of any website or the download of any information from any website; (viii) any attempt by an Entrant or other individual to deliberately damage or undermine the legitimate operation of the Contest, including but not limited to any fraudulent claims, which may be a violation of criminal and civil laws, and/or (xi) lost, stolen, or destroyed passports, airline tickets, hotel reservation documents, or any other items or materials required to claim, use or benefit from the Prize. ANY PERSON ATTEMPTING TO DEFRAUD THE SPONSOR OR IN ANY WAY TAMPER WITH, DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST WILL BE DISQUALIFIED AND MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PROSECUTION.
Sponsor, Administrator, FACEBOOK, TWITTER, INSTAGRAM, TikTok, REDDIT, OR OTHER SOCIAL MEDIA OUTLET and their respective parent companies (if any), subsidiaries, affiliates, successors, assigns; and each of the respective foregoing’s past, present and future officers, directors, owners, shareholders, members, managers, partners, principals, Contest judges, employees, agents and representatives (collectively "Released Parties") shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience, or other irregularity that may be caused or contributed to (i) by any wrongful, negligent, or unauthorized act or omission of any third party; or (ii) by any cause, condition, or event beyond the control of the Released Parties, including, without limitation, any act of God, war, terrorism, pandemic, riot, hurricane or fire.
BY ENTERING THE CONTEST, THE ENTRANT FULLY AND UNCONDITIONALLY RELEASES, DISCHARGES, AND AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS EACH RELEASED PARTY FROM AND AGAINST ANY AND ALL CLAIMS, COSTS, EXPENSES, ATTORNEY’S FEES, DAMAGES AND OTHER LIABILITIES ARISING OUT OF OR RELATING TO ENTRANT’S PARTICIPATION IN THIS CONTEST AND CONTEST-RELATED ACTIVITIES (SUCH AS ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE), INCLUDING, WITHOUT LIMITATION BUT TO THE EXTENT PERMISSABLE BY APPLICABLE LAW, DEMANDS, CLAIMS AND CAUSES OF ACTION FOR INTELLECTUAL PROPERTY INFRINGEMENT, RIGHTS OF PUBLICITY OR PRIVACY VIOLATIONS, NEGLIGENCE, DAMAGES TO PROPERTY, BODILY INJURY (INCLUDING DEATH), PROPERTY DAMAGE, LOSS OF BUSINESS, LOSS OF CONSORTIUM, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES AND ALL OTHER FORMS OF CLAIMS, LIABILITIES AND DAMAGES.
By entering the Contest, you acknowledge that you are familiar with the provisions of California Civil Code Section 1452, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM MUST BE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
By entering the Contest, Entrant (on his/her behalf and on behalf of his/her heirs, executors, administrators, personal representatives, and all other persons asserting rights of or acting on behalf of Entrant) hereby unconditionally waive and relinquish any right or benefit which you or such person(s) have or may have against the Released Parties under Section 1542 of the Civil Code of the State of California, or under any similar statutory or common law of any other jurisdiction to the full extent that any such person may lawfully waive such rights and benefits pertaining to the releases set forth in these Official Rules, the Terms & Conditions, and Sponsor’s Privacy Policy.
14. DISPUTE RESOLUTION. All disputes arising under or relating to the Contest and/or these Official Rules shall be governed by the laws of Kansas, without regard for conflicts of laws principles. All disputes arising under or relating to the Contest and/or these Official Rules shall be submitted to and resolved by binding arbitration in Bel Aire, Kansas, any award shall be confirmed in the courts situated in Sedgwick County, Kansas. The parties irrevocably agree that the courts situated in Sedgwick County, Kansas shall have exclusive jurisdiction and venue for the purposes of confirming any arbitration award, and for all other disputes arising out of or relating to these Official Rules that may be found not to be arbitrable, and the parties hereby irrevocably consent to the exclusive jurisdiction and venue of such courts for such purposes. The arbitration shall be conducted pursuant to the Federal Arbitration Act, and shall further be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorney’s fees. Any such arbitration shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity.
15. WINNER LIST/OFFICIAL RULES. To obtain a copy of the Official Rules and Winner list, send your email to (Contestwinners@epicsports.com) all such requests must be received within 90 days of the contest end date.
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