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    WHISTLE SEPTEMBER 2019 GIVEAWAY RULES

    WHISTLE SEPTEMBER 2019 GIVEAWAY
    OFFICIAL RULES
    NO PURCHASE OR PAYMENT NECESSARY FOR A CHANCE TO ENTER
    OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF
    WINNING.
    1. Eligibility:
    The “WHISTLE SEPTEMBER 2019
    Giveaway” Sweepstakes (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States (including the District of Columbia) who are at least eighteen (18) years old. Employees of Whistle Sports, Inc. and its contractors, and suppliers, as well as the immediate family (spouse, parents, siblings and
    children) and household members of each such employee are not eligible.
    The Sweepstakes is subject to all applicable federal, state and local laws and
    regulations and is void where prohibited by law prohibited. Participation
    constitutes participant’s full and unconditional agreement to these Official
    Rules and Sponsor’s decisions and interpretations of these Official Rules,
    which are final and binding in all matters related to the Sweepstakes.
    Winning a prize is contingent upon fulfilling all requirements set forth herein.
    2. Sponsor:
    Whistle Sports, Inc., 79 Madison Avenue, 8th Floor, New York,
    NY 10016 (“Sponsor”).
    3. Timing:
    The Sweepstakes begins at 5:00 P.M. ET on
    NOVEMBER 5, 2019
    and ends at 11:59 P.M. ET on
    NOVEMBER 30, 2019
    (the “Sweepstakes Period”).
    Sponsor’s computer is the official time-keeping device for the
    Sweepstakes.
    4.How to Enter:
    To enter the Sweepstakes, (i) FOLLOW @SHOPWHISTLE;
    and (ii) submit your email address on the
    Whistle NOVEMBER 2019
    Giveaway Landing Page
    (available at: [
    INSERT LINK])
    (your “Entry”).
    Limit one (1) Entry per person during the Sweepstakes
    Period.
    Computer generated entries are prohibited and will be disqualified.
    You may only enter the Contest via
    the above
    Whistle NOVEMBER 2019
    Giveaway Landing Page
    .
    Entrants must have a valid non-private
    Instagram account in order to participate in the Contest
    . If an entrant
    is suspected of using multiple email accounts to enter, any entries received
    by such means will be void. Data rates may apply if entrant enters the
    Contest via a mobile device. Entrants are solely responsible for any data
    charges that may be incurred when entering via a mobile device.
    Check with
    your wireless carrier for applicable data rates. All fully completed Entries submitted in compliance with these Official Rules
    and not disqualified are considered (“Eligible Entries”) as applicable.
    Incomplete and/or inaccurate Entries are void. Receipt of Entries will not be
    acknowledged by Sponsor.
    Submission Guidelines (“Submission Guidelines”):
    All contents of
    entrants’ Entries must be completely original to entrant. Entries must not
    include or depict any of the following: minors, obscenity, inappropriate
    language, nudity, explicit sexual activity, illegal drug or alcohol use, violence,
    material that is hateful, tortuous, defamatory, disparaging, slanderous,
    libelous, or otherwise unlawful, material that promotes bigotry, racism,
    hatred or harm against any group or individual, or promotes discrimination
    based on race, ethnicity, sex, religion, nationality, disability, sexual
    orientation or age, personal identifiable information (other than the image of
    entrant), including but not limited to, license plates, phone numbers,
    personal addresses, and any other content, including but not limited to, text,
    images, graphics, photographs, captions and descriptions, that could be
    considered inappropriate or offensive, as determined by Sponsor in its sole
    discretion.
    Entries may not contain third party commercial products, copyright or
    trademark protected, including brand names and logos (other than Sponsor’s
    trademarked properties), music, artwork, images or other content, or private
    property.
    Entries may not contain any material that violates or infringes
    another’s rights, including but not limited to, rights of privacy or publicity or
    any other intellectual property rights.
    In the event of a dispute as to the ownership of any Entry, the authorized
    account holder of the Instagram account used to enter will be deemed to be
    the entrant. The “authorized account holder” is the natural person assigned
    the account by Instagram.
    Potential winners may be required to show proof
    of being the authorized account holder.
    5. LIABILITY RELEASE:
    By entering the Sweepstakes, entrant grants
    Sponsor, its agents and licensees the (a) right, but not the obligation, to edit,
    adapt, reformat, rearrange, modify, combine with other material, add to
    and/or customize entrant’s Entry(s); and (b) non-exclusive, irrevocable,
    royalty free, right and license to exhibit, display, broadcast, copy, reproduce,
    encode, compress, encrypt, incorporate data into, broadcast, rebroadcast,
    transmit, record, publicly perform, create derivatives works of, distribute and
    synchronize in timed relation to visual elements, and or otherwise exploit,
    entrant’s Entry(s), and/or any portions or excerpts thereof, in any manner,
    including advertising, promoting and publicizing Sponsor and/or its licensees,
    an unlimited number of times, in any and all media, now known or hereafter
    devised, in perpetuity, throughout the world, without any additional notice,
    liability, obligation or additional payment of any kind to entrant or any third party.
    6. Winner Selection/Notification:
    Sponsor will review all Eligible Entries
    and, out of such Eligible Entries, one (1) potential grand prize winner will be
    selected in a random drawing by Sponsor on or about DECEMBER 5, 2019.
    Sponsor will notify the potential winner by email indicating that the Entry has
    been selected as a winner (the “Winner Notification”).
    Please check your
    email inbox.
    Potential winner must respond to the Winner Notification within three (3)
    business days of receipt of Winner Notification.
    If the potential winner fails
    to respond within the three (3) business day period or if the notification is
    returned as undeliverable, or fails to reach the potential winner for any
    reason, or if the potential winner fails to respond for any reason to the
    Winner Notification as directed, the potential winner will be disqualified. You
    will not receive a prize, unless and until your eligibility has been verified and
    you have been notified that verification is complete.
    Prior to being confirmed
    as the winner, the potential winner may be required to complete, sign and
    return an affidavit of eligibility and liability release, according to the method
    and timeframe specified by Sponsor. The prize will be forfeited if documents
    are not returned signed and complete within the timeframe required, or the
    winner is found to be ineligible or otherwise not in compliance with these
    Official Rules.
    If a potential winner cannot be contacted or fails to otherwise comply with
    these Official Rules, potential winner forfeits the prize.
    In the event that a
    potential winner is disqualified for any reason, Sponsor will award the
    applicable prize to an alternate winner by random drawing from among all
    remaining Eligible Entries. Sponsor will select up to three (3) alternate
    potential winners via random drawing held by Sponsor, who will be subject to
    disqualification in the same manner.
    Odds of winning a prize depend on the
    number of Eligible Entries received during the Sweepstakes Period.
    7. Prizes/Prize Restrictions:
    The following prize will be made available as
    part of the Sweepstakes:
    ONE (1) GRAND PRIZE
    : One (1) Sweepstakes grand prize winner will receive
    ONE (1) pair of the Kyrie Spongebob shoes & One professional basketball duo
    shirt from Whistle Store. Approximate retail value (“ARV”) of prize: $205.00.
    TOTAL ARV OF ALL SWEEPSTAKES PRIZES: $205.00.
    All costs and expenses associated with the acceptance and use of the prize
    not specified herein as being awarded, including, but not limited to, all
    federal, state and local taxes and other miscellaneous expenses are the
    winner’s sole responsibility. Prize is awarded “as is” with no warranty or guarantee, either express or implied (including, without limitation, quality,
    merchantability and fitness for a particular purpose) in connection with this
    Sweepstakes or any prize. Prize color, size(s) and specifications to be
    determined by Sponsor in its sole discretion. No transfer, assignment or
    substitution of prize by winner. Sponsor reserves the right to substitute a
    prize with one of equal or greater value if the designated prize should
    become unavailable. Under no circumstances will more than the advertised
    number of prizes be awarded.
    In the event that a potential winner of a
    Sweepstakes prize is disqualified for any reason, Sponsor will not be
    obligated to award a prize.
    POTENTIAL WINNER IS SUBJECT TO
    VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND
    BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES.
    A
    PARTICIPANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL
    PARTICIPANT’S ELIGIBILITY HAS BEEN VERIFIED AND PARTICIPANT
    HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
    8. Publicity:
    Except where prohibited, participation in the Sweepstakes
    constitutes winner’s consent to Sponsor’s and its agents’ and licensees’
    perpetual use of winner’s name, likeness, Entry, social media handle(s),
    photograph, voice, opinions and/or hometown and state for promotional
    purposes in any media now known or hereafter devised, worldwide, without
    further payment or consideration.
    9. Limitation of Liability:
    No liability or responsibility is assumed by
    Facebook, Inc., NBA, Viacom Media Networks and each of its subsidiaries, or
    Nike, Inc.,
    Sponsor, and its subsidiaries, participating advertising and
    promotion agencies and prize suppliers (collectively, the “Sweepstakes
    Parties”) resulting from entrant's participation in, or attempt to participate in,
    the Sweepstakes. Sponsor is not responsible for any typographical errors in
    the announcement of prize or these Official Rules. By participating in the
    Sweepstakes, the entrant releases Sweepstakes Parties, Etison LLC d/b/a
    ClickFunnels
    and
    Klaviyo Inc. from any and all claims, damages or liabilities
    including, but not limited to, personal injury, death, or damage to or loss of
    property, arising out of entrant’s participation in the Sweepstakes or receipt
    or use or misuse of any prize. By accepting a prize, recipient agrees that
    Sweepstakes Parties, ClickFunnels, Klaviyo Inc., Facebook, Inc., NBA, Viacom
    Media Networks and each of its subsidiaries, and Nike, Inc.,
    and all of their
    respective officers, directors, employees, representatives and agents will
    have no liability whatsoever for, and shall be held harmless by winner
    against, any liability for injuries, including death, losses or damages of any
    kind to persons or property resulting in whole or in part, directly or indirectly,
    from participation in the Sweepstakes; from acceptance, possession, misuse
    or use of a prize or offer; from participation in any prize-related activity or
    any travel related thereto which may be sustained in connection with the
    receipt, ownership or use of the prize or offer.
    10. Publicity:
    Except where prohibited by law, participation in the
    Sweepstakes constitutes each winner’s consent to Sponsor’s and its agents’
    and licensees’ use of winner’s personal name, Entries, Instagram user name,
    likeness, photograph, voice, opinions and/or hometown and state or province
    for promotional purposes in any media, worldwide, without further notice,
    approval, payment or consideration.
    11. General Conditions:
    This Sweepstakes is in no way sponsored,
    endorsed or administered by or associated with, Facebook, Inc., NBA or its
    players, Viacom Media Networks and each of its subsidiaries, or Nike, Inc.
    Unclaimed prizes may not be awarded. Sweepstakes Parties are not
    responsible for illegible, lost, late, damaged, incomplete, misdirected,
    unintelligible, returned or undelivered Entries, unavailability and/or
    transmission errors of ClickFunnels
    or Klaviyo Inc., telephone calls, text
    messages or emails or for lost, interrupted or unavailable satellite, network,
    server, Internet Service Provider (ISP), or other connections availability,
    accessibility or traffic congestion, miscommunications, failed computer,
    network, telephone, satellite or cable hardware or software or lines, or
    technical failure, or jumbled, scrambled, delayed or misdirected
    transmissions, computer hardware or software malfunctions, failures or
    difficulties, or other errors of any kind whether human, mechanical,
    electronic or network.
    Persons who tamper with or abuse any aspect of this
    Sweepstakes, or act in violation of the Official Rules, or act in any manner to
    threaten or abuse or harass any person, or violate ClickFunnels'
    or Klaviyo
    Inc.’s terms of service, as solely determined by the Sponsor, may be
    disqualified. Sweepstakes Parties are not responsible for any incorrect or
    inaccurate information whether caused by tampering, hacking, or by any of
    the programming or equipment associated with or used in this Sweepstakes,
    and assumes no responsibility for any errors, omission, deletion, interruption
    or delay in operation or transmission or communication line failure, theft or
    destruction or unauthorized access. Any use of robotic, macro, automatic,
    programmed or like methods of entry will void all such entries, and may
    subject that entrant to disqualification.
    Sweepstakes Parties are not
    responsible for injury or damage to entrant's or any other person’s computer
    or property related to or resulting from participating in this Sweepstakes.
    Should any portion of the Sweepstakes be, in the Sponsor’s sole opinion,
    compromised by virus, worms, bugs, unauthorized human intervention or
    other causes which, in the sole opinion of the Sponsor, corrupt or impair
    administration, security, fairness or proper entry of this Sweepstakes, or
    submission of entries, Sponsor reserves the right, at its sole discretion, to
    suspend, modify or terminate the Sweepstakes, and select the winner from a
    random drawing of all Eligible Entries received prior to such action taken, or
    otherwise as may be deemed fair and equitable by the Sponsor.
    Should
    Sponsor terminate Sweepstakes, notice will be posted on Whistle Sports’
    channel on Instagram as of date of termination. Sponsor further reserves the
    right to disqualify any individual who tampers with the entry process.
    12. BINDING ARBITRATION: EXCEPT WHERE PROHIBITED BY LAW,
    ENTRANT AGREES THAT: (I)
    ANY DISPUTE, CONTROVERSY OR CLAIM
    ARISING OUT OF OR RELATING TO THE SWEEPSTAKES, OR ANY PRIZE
    AWARDED, SHALL BE RESOLVED INDIVIDUALLY -- WITHOUT RESORT
    TO ANY FORM OF CLASS ACTION -- BY BINDING ARBITRATION (BY A
    SINGLE NEUTRAL ARBITRATOR SELECTED BY SPONSOR IN ITS SOLE
    AND ABSOLUTE DISCRETION) ADMINISTERED BY THE AMERICAN
    ARBITRATION ASSOCIATION IN ACCORDANCE WITH THE COMMERCIAL
    ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR
    CONSUMER RELATED DISPUTES (THE “AAA RULES”) THEN IN EFFECT;
    (III) ANY ARBITRATION SHALL BE HEARD IN NEW YORK CITY, NEW
    YORK BY ONE ARBITRATOR TO BE SELECTED IN ACCORDANCE WITH
    THE AAA RULES; (IV) UNLESS BOTH ENTRANT AND SPONSOR AGREE
    IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN
    ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER
    ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING; (V)
    JUDGMENT UPON ANY AWARD RENDERED MAY BE ENTERED IN ANY
    COURT HAVING JURISDICTION THEREOF; (VI) ANY AND ALL CLAIMS,
    JUDGMENTS AND AWARDS SHALL BE SUBJECT TO ALL LIMITATIONS
    AND RELEASES SET FORTH IN THESE OFFICIAL RULES AND LIMITED
    TO ACTUAL OUT-OF-POCKET DAMAGES, BUT IN NO EVENT SHALL
    SUCH CLAIMS, JUDGMENTS OR AWARDS INCLUDE ANY PUNITIVE,
    EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES,
    ATTORNEYS' FEES OR COSTS OF BRINGING A CLAIM, ANY INJUNCTIVE
    OR OTHER EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW
    THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
    CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
    EXCLUSION MAY NOT APPLY TO YOU.
    13. Governing Law:
    All federal, state and local laws and regulations apply.
    All issues and questions concerning the construction, validity, interpretation
    and enforceability of these Official Rules, or the rights and obligations of
    entrants and Sweepstakes Parties in connection with the Sweepstakes, shall
    be governed by, and construed in accordance with New York law without
    giving effect to any choice of law or conflict of laws.
    14. Severability: If any provision(s) of these Official Rules are held to be
    invalid or unenforceable, all remaining provisions hereof will remain in full
    force and effect.
    15. Use of Data:
    Sponsor will be collecting personal data about entrants
    online, in accordance with its privacy policy.
    Please review Sponsor’s privacy
    policy at http://whistlesports.com/policies/WhistleSportsPrivacyPolicy.pdf. By
    participating in the Sweepstakes, entrants hereby agree to Sponsor’s
    collection and usage of their personal information in accordance with Sponsor’s privacy policy and acknowledge that they have read and accepted
    Sponsor’s privacy policy.
    16. Winners List: For a list of winners, send a separate self-addressed,
    stamped envelope to:
    Whistle Sports, Inc. ATTN: Legal Dept/Whistle
    NOVEMBER 2019 Sweepstakes”, 79 Madison Avenue, 8th Floor, New York, NY
    USA 10016.
    All requests must be received by JUNE 30, 2020.

    Whistle Sports Audience Sweepstakes Official Rules

    WHISTLE SPORTS AUDIENCE SWEEPSTAKES OFFICIAL RULES
    NO PURCHASE OR PAYMENT NECESSARY FOR A CHANCE TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
    1. Eligibility: The Audience Sweepstakes (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States (including the District of Columbia) who are at least eighteen (18)years old. Employees of Whistle Sports, Inc. and its contractors, and suppliers, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Sweepstakes is subject to all applicable federal, state and local laws and regulations and is void where prohibited by law prohibited. Participation constitutes participant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions and interpretations of these Official Rules, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
    2. Sponsor: Whistle Sports, Inc., 79 Madison Avenue, 8th Floor, New York, NY 10016(“Sponsor”). 3. Timing. The Sweepstakes begins October 1, 2019 and ends at 11:59 P.M. ET on October 14,2019 (the “Sweepstakes Period”). Sponsor’s computer is the official time-keeping device for theSweepstakes.
    4. How to Enter: You may enter the Sweepstakes during the Sweepstakes Period by filling out the survey (“Survey”) available via this link (https://ws1.az1.qualtrics.com/jfe/form/SV_cwiBVWCunqNhj6d) and entering your valid email address at the end of the Survey (your “Entry”).
    5. Limit one (1) Entry per email address, per person. Computer generated entries are prohibited and will be disqualified.Only valid and fully completed e-mail addresses submitted in compliance with these OfficialRules and not disqualified are considered eligible (“Eligible Entries”). Incomplete and/or inaccurate e-mail addresses are void. Receipt of Entries will not be acknowledged by Sponsor.In the event of a dispute as to the ownership of any Entry, the authorized account holder of thee-mail address used to enter will be deemed to be the entrant. The “authorized account holder”is the natural person assigned the e-mail address by the applicable domain host. Potential winners may be required to show proof of being the authorized account holder.
    6. Winner Name Release: Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s perpetual use of winner’s name, social media handle(s) and/or approved photograph for promotional purposes in any media now known or hereafter devised, worldwide, without further payment or consideration.
    7. Winner Selection/Notification: THREE (3) potential grand prize winners will be selected in a random drawing of all Eligible Entries received to be held by Sponsor on or about OCTOBER15, 2019. Sponsor will notify the potential winners by e-mail address (direct message will be sent to the inbox of the account used to submit the winning Entry) indicating that the Entry has been selected as a potential winner (the “Winner Notification”). 
    Potential winner must respond to the Winner Notification within three (3) business days. If the potential winner fails to respond within the three (3) business day period or if the notification is returned as undeliverable, or fails to reach the potential winner for any reason, or if the potential winner fails to respond for any reason to the notification as directed, the potential winner will be disqualified. You will not receive a prize, unless and until your eligibility has been verified and you have been notified that verification is complete. Prior to being confirmed as the winner, the potential winner may be required to complete, sign and return an affidavit of eligibility and liability release, according to the method and timeframe specified by Sponsor. The prize will be forfeited if documents are not returned signed and complete within the timeframe required, or the winner is found to be ineligible or otherwise not in compliance with these Official Rules.If a potential winner cannot be contacted or fails to otherwise comply with these Official Rules, potential winner forfeits the prize. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining Eligible Entries. Sponsor will select up to three (3) alternate potential winners via random drawing held by Sponsor, who will be subject to disqualification in the same manner. Odds of winning a prize depend on the number of Eligible Entries received during theSweepstakes Period.
    8. Prizes/Prize Restrictions: The following prize will be made available as part of theSweepstakes:THREE (3) GRAND PRIZES: THREE (3) Sweepstakes grand prize winners will each receive one (1) Whistle t-shirt. Approximate retail value (“ARV”) of each prize: $25. TOTAL ARV OF ALL SWEEPSTAKES PRIZES: $75.00.All costs and expenses associated with the acceptance and use of the prize not specified herein as being awarded, including, but not limited to, all federal, state and local taxes and other miscellaneous expenses are the winner’s sole responsibility. Prizes are awarded “as is” with no warranty or guarantee, either express or implied (including, without limitation, quality, merchantability and fitness for a particular purpose) in connection with this Sweepstakes or any prize. Prize details to be determined by Sponsor in its sole discretion. No transfer, assignment or substitution of prize by winner. Sponsor reserves the right to substitute a prize with one of equal or greater value if the designated prize should become unavailable. Under no circumstances will more than the advertised number of prizes be awarded. In the event that a potential winner of a Sweepstakes prize is disqualified for any reason, Sponsor will not be obligated to award a prize. POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. A PARTICIPANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL PARTICIPANT’S ELIGIBILITY HAS BEEN VERIFIED AND PARTICIPANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
    9. Limitation of Liability: No liability or responsibility is assumed by Sponsor and its affiliates, subsidiaries, participating advertising and promotion agencies and prize suppliers (collectively, the “Sweepstakes Parties”) resulting from entrant's participation in, or attempt to participate in, the Sweepstakes. Sponsor is not responsible for any typographical errors in the announcement of prizes or these Official Rules. By participating in the Sweepstakes, the entrant releasesSweepstakes Parties, and Facebook, Inc. from any and all claims, damages or liabilities including, but not limited to, personal injury, death, or damage to or loss of property, arising out
    of entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. By accepting a prize, recipient agrees that Sweepstakes Parties and Facebook, Inc. and all of the irrespective officers, directors, employees, representatives and agents will have no liability whatsoever for, and shall be held harmless by winner against, any liability for injuries, including death, losses or damages of any kind to persons or property resulting in whole or in part, directly or indirectly, from participation in the Sweepstakes; from acceptance, possession, misuse or use of a prize or offer; from participation in any prize-related activity or any travel related thereto which may be sustained in connection with the receipt, ownership or use of the prize or offer.
    10. Publicity: Except where prohibited by law, participation in the Sweepstakes constitutes each winner’s consent to Sponsor’s and its agents’ and licensees’ use of winner’s personal name, Entries, likeness, photograph, voice, opinions and/or hometown and state or province for promotional purposes in any media, worldwide, without further notice, approval, payment or consideration.
    11. General Conditions: This Sweepstakes is in no way sponsored, endorsed or administered by or associated with Facebook. Unclaimed prizes may not be awarded. Sweepstakes Parties are not responsible for illegible, lost, late, damaged, incomplete, misdirected, unintelligible, returned or undelivered Entries, unavailability and/or transmission errors of Facebook, telephone calls, text messages or emails or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), or other connections availability, accessibility or traffic congestion, miscommunications, failed computer, network, telephone, satellite or cable hardware or software or lines, or technical failure, or jumbled, scrambled, delayed or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network. Persons who tamper with or abuse any aspect of this Sweepstakes, or act in violation of the Official Rules, or act in any manner to threaten or abuse or harass any person, or violate Facebook’s terms of service, as solely determined by the Sponsor, may be disqualified. Sweepstakes Parties are not responsible for any incorrect or inaccurate information whether caused by tampering, hacking, or by any of the programming or equipment associated with or used in this Sweepstakes, and assumes no responsibility for any errors, omission, deletion, interruption or delay in operation or transmission or communication line failure, theft or destruction or unauthorized access. Any use of robotic, macro, automatic, programmed or like methods of entry will void all such entries, and may subject that entrant to disqualification. Sweepstakes Parties are not responsible for injury or damage to entrant's or any other person’s computer or property related to or resulting from participating in this Sweepstakes. Should any portion of the Sweepstakes be, in the Sponsor’s sole opinion, compromised by virus, worms, bugs, unauthorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair administration, security, fairness or proper entry of this Sweepstakes, or submission of entries, Sponsor reserves the right, at its sole discretion, to suspend, modify or terminate the Sweepstakes, and select the winner from a random drawing of all Eligible Entries received prior to such action taken, or otherwise as may be deemed fair and equitable by the Sponsor. Should Sponsor terminateSweepstakes, notice will be posted on Sponsor’s Facebook page as of date of termination.Sponsor further reserves the right to disqualify any individual who tampers with the entry process.
    12. BINDING ARBITRATION: EXCEPT WHERE PROHIBITED BY LAW, ENTRANT AGREES THAT: (I) ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TOTHE SWEEPSTAKES, OR ANY PRIZE AWARDED, SHALL BE RESOLVED INDIVIDUALLY --WITHOUT RESORT TO ANY FORM OF CLASS ACTION -- BY BINDING ARBITRATION (BY
    A SINGLE NEUTRAL ARBITRATOR SELECTED BY SPONSOR IN ITS SOLE AND ABSOLUTE DISCRETION) ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES ANDTHE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE“AAA RULES”) THEN IN EFFECT; (III) ANY ARBITRATION SHALL BE HEARD IN NEW YORK CITY, NEW YORK BY ONE ARBITRATOR TO BE SELECTED IN ACCORDANCE WITH THE AAA RULES; (IV) UNLESS BOTH ENTRANT AND SPONSOR AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING; (V) JUDGMENT UPON ANY AWARD RENDERED MAYBE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF; (VI) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE SUBJECT TO ALL LIMITATIONS AND RELEASES SET FORTH IN THESE OFFICIAL RULES AND LIMITED TO ACTUAL OUT-OF-POCKET DAMAGES, BUT IN NO EVENT SHALL SUCH CLAIMS, JUDGMENTS OR AWARDS INCLUDE ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, ATTORNEYS' FEES OR COSTS OF BRINGING A CLAIM, ANY INJUNCTIVE OR OTHER EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOTHE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
    13. Governing Law: All federal, state and local laws and regulations apply. All issues and questions concerning the construction, validity, interpretation and enforceability of these OfficialRules, or the rights and obligations of entrants and Sweepstakes Parties in connection with theSweepstakes, shall be governed by, and construed in accordance with New York law without giving effect to any choice of law or conflict of laws.
    14. Severability: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
    15. Use of Data: Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy. Please review Sponsor’s privacy policy athttp://whistlesports.com/policies/WhistleSportsPrivacyPolicy.pdf. By participating in theSweepstakes, entrants hereby agree to Sponsor’s collection and usage of their personal information in accordance with Sponsor’s privacy policy and acknowledge that they have read and accepted Sponsor’s privacy policy.
    16. Winners List: For a list of winners, send a separate self-addressed, stamped envelope to: Whistle Sports, Inc. ATTN: Legal Dept/“4Q19 Audience Sweepstakes”, 79 Madison Avenue, 8thFloor, New York, NY USA 10016. All requests must be received by MARCH 1, 2020.

    Giveaway Rules: August 2019

    WHISTLE SEPTEMBER 2019 GIVEAWAY
    OFFICIAL RULES
    NO PURCHASE OR PAYMENT NECESSARY FOR A CHANCE TO ENTER
    OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF
    WINNING.

    1. Eligibility:
    The “WHISTLE SEPTEMBER 2019 Giveaway” Sweepstakes
    (the “Sweepstakes”) is open only to legal residents of the fifty (50) United
    States (including the District of Columbia) who are at least eighteen (18)
    years old. Employees of Whistle Sports, Inc. and its contractors, and
    suppliers, as well as the immediate family (spouse, parents, siblings and
    children) and household members of each such employee are not eligible.
    The Sweepstakes is subject to all applicable federal, state and local laws and
    regulations and is void where prohibited by law prohibited. Participation
    constitutes participant’s full and unconditional agreement to these Official
    Rules and Sponsor’s decisions and interpretations of these Official Rules,
    which are final and binding in all matters related to the Sweepstakes.
    Winning a prize is contingent upon fulfilling all requirements set forth herein.
    2. Sponsor:
    Whistle Sports, Inc., 79 Madison Avenue, 8th Floor, New York,
    NY 10016 (“Sponsor”).
    3. Timing:
    The Sweepstakes begins at 5:00 P.M. ET on AUGUST 23, 2019
    and ends at 11:59 P.M. ET on SEPTEMBER 23, 2019 (the “Sweepstakes
    Period”).
    Sponsor’s computer is the official time-keeping device for the
    Sweepstakes.
    4. How to Enter:
    To enter the Sweepstakes, (i) comment below with your
    favorite NBA2K team on the Sweepstakes Instagram Post (the “Post”); (ii) tag
    two (2) friends; and (iii) submit your full name and email address on the
    (available at:
    http://giveaway.whistlesports.com/optin-1779231327477796) (your “Entry”).
    Limit one (1) Entry per person during the Sweepstakes
    Period.
    Computer generated entries are prohibited and will be disqualified.
    You may only enter the Contest via Whistle 2019 Giveaway Landing Page.
    Entrants must have a valid non-private Instagram account in
    order to participate in the Contest. If an entrant is suspected of using
    multiple email accounts to enter, any entries received by such means will be
    void. Data rates may apply if entrant enters the Contest via a mobile device.
    Entrants are solely responsible for any data charges that may be incurred
    when entering via a mobile device.
    Check with your wireless carrier for applicable data rates.
    All fully completed Entries submitted in compliance with these Official Rules
    and not disqualified are considered (“Eligible Entries”) as applicable.
    Incomplete and/or inaccurate Entries are void. Receipt of Entries will not be
    acknowledged by Sponsor.
    Submission Guidelines (“Submission Guidelines”):
    All contents of entrants’ Entries must be completely original to entrant. Entries must not include or depict any of the following: minors, obscenity, inappropriate
    language, nudity, explicit sexual activity, illegal drug or alcohol use, violence,
    material that is hateful, tortuous, defamatory, disparaging, slanderous,
    libelous, or otherwise unlawful, material that promotes bigotry, racism,
    hatred or harm against any group or individual, or promotes discrimination
    based on race, ethnicity, sex, religion, nationality, disability, sexual
    orientation or age, personal identifiable information (other than the image of
    entrant), including but not limited to, license plates, phone numbers,
    personal addresses, and any other content, including but not limited to, text,
    images, graphics, photographs, captions and descriptions, that could be
    considered inappropriate or offensive, as determined by Sponsor in its sole
    discretion.
    Entries may not contain third party commercial products, copyright or
    trademark protected, including brand names and logos (other than Sponsor’s
    trademarked properties), music, artwork, images or other content, or private
    property.
    Entries may not contain any material that violates or infringes
    another’s rights, including but not limited to, rights of privacy or publicity or
    any other intellectual property rights.
    In the event of a dispute as to the ownership of any Entry, the authorized
    account holder of the Instagram account used to enter will be deemed to be
    the entrant. The “authorized account holder” is the natural person assigned
    the account by Instagram.
    Potential winners may be required to show proof
    of being the authorized account holder.
    5. LIABILITY RELEASE:
    By entering the Sweepstakes, entrant grants
    Sponsor, its agents and licensees the (a) right, but not the obligation, to edit,
    adapt, reformat, rearrange, modify, combine with other material, add to
    and/or customize entrant’s Entry(s); and (b) non-exclusive, irrevocable,
    royalty free, right and license to exhibit, display, broadcast, copy, reproduce,
    encode, compress, encrypt, incorporate data into, broadcast, rebroadcast,
    transmit, record, publicly perform, create derivatives works of, distribute and
    synchronize in timed relation to visual elements, and or otherwise exploit,
    entrant’s Entry(s), and/or any portions or excerpts thereof, in any manner,
    including advertising, promoting and publicizing Sponsor and/or its licensees,
    an unlimited number of times, in any and all media, now known or hereafter devised, in perpetuity, throughout the world, without any additional notice,
    liability, obligation or additional payment of any kind to entrant or any third
    party.
    6. Winner Selection/Notification:
    Sponsor will review all Eligible Entries and, out of such Eligible Entries, one (1) potential grand prize winner will be selected in a random drawing by Sponsor on or about SEPTEMBER 30, 2019.
    Sponsor will notify the potential winner by email indicating that the Entry has
    been selected as a winner (the “Winner Notification”).
    Please check your
    email inbox.
    Potential winner must respond to the Winner Notification within three (3)
    business days of receipt of Winner Notification.
    If the potential winner fails
    to respond within the three (3) business day period or if the notification is
    returned as undeliverable, or fails to reach the potential winner for any
    reason, or if the potential winner fails to respond for any reason to the
    Winner Notification as directed, the potential winner will be disqualified. You
    will not receive a prize, unless and until your eligibility has been verified and
    you have been notified that verification is complete.
    Prior to being confirmed
    as the winner, the potential winner may be required to complete, sign and
    return an affidavit of eligibility and liability release, according to the method
    and timeframe specified by Sponsor. The prize will be forfeited if documents
    are not returned signed and complete within the timeframe required, or the
    winner is found to be ineligible or otherwise not in compliance with these
    Official Rules.
    If a potential winner cannot be contacted or fails to otherwise comply with
    these Official Rules, potential winner forfeits the prize.
    In the event that a
    potential winner is disqualified for any reason, Sponsor will award the
    applicable prize to an alternate winner by random drawing from among all
    remaining Eligible Entries. Sponsor will select up to three (3) alternate
    potential winners via random drawing held by Sponsor, who will be subject to
    disqualification in the same manner.
    Odds of winning a prize depend on the
    number of Eligible Entries received during the Sweepstakes Period.
    7. Prizes/Prize Restrictions:
    The following prize will be made available as part of the Sweepstakes:
    ONE (1) GRAND PRIZE: One (1) Sweepstakes grand prize winner will receive
    THREE (3)
    COPIES OF NBA 2K20. Approximate retail value (“ARV”) of prize:
    $180.00.
    TOTAL ARV OF ALL SWEEPSTAKES PRIZES: $180.00.
    All costs and expenses associated with the acceptance and use of the prize
    not specified herein as being awarded, including, but not limited to, all federal, state and local taxes and other miscellaneous expenses are the
    winner’s sole responsibility. Prize is awarded “as is” with no warranty or
    guarantee, either express or implied (including, without limitation, quality,
    merchantability and fitness for a particular purpose) in connection with this
    Sweepstakes or any prize. Prize color, size(s) and specifications to be
    determined by Sponsor in its sole discretion. No transfer, assignment or
    substitution of prize by winner. Sponsor reserves the right to substitute a
    prize with one of equal or greater value if the designated prize should
    become unavailable. Under no circumstances will more than the advertised
    number of prizes be awarded.
    In the event that a potential winner of a Sweepstakes prize is disqualified for any reason, Sponsor will not be
    obligated to award a prize.
    POTENTIAL WINNER IS SUBJECT TO
    VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND
    BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES.
    A PARTICIPANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL
    PARTICIPANT’S ELIGIBILITY HAS BEEN VERIFIED AND PARTICIPANT
    HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
    8. Publicity:
    Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s and its agents’ and licensees’
    perpetual use of winner’s name, likeness, Entry, social media handle(s),
    photograph, voice, opinions and/or hometown and state for promotional
    purposes in any media now known or hereafter devised, worldwide, without
    further payment or consideration.
    9. Limitation of Liability:
    No liability or responsibility is assumed by
    Facebook, Inc., NBA, 2K Sports, 2K Games, or Nike, Inc.,
    Sponsor, and its
    subsidiaries, participating advertising and promotion agencies and prize
    suppliers (collectively, the “Sweepstakes Parties”) resulting from entrant's
    participation in, or attempt to participate in, the Sweepstakes. Sponsor is not
    responsible for any typographical errors in the announcement of prize or
    these Official Rules. By participating in the Sweepstakes, the entrant releases
    Sweepstakes Parties, Etison LLC d/b/a ClickFunnels
    and
    The Rocket Science
    Group LLC d/b/a Mailchimp
    from any and all claims, damages or liabilities
    including, but not limited to, personal injury, death, or damage to or loss of
    property, arising out of entrant’s participation in the Sweepstakes or receipt
    or use or misuse of any prize. By accepting a prize, recipient agrees that
    Sweepstakes Parties, ClickFunnels, Mailchimp, Facebook, Inc., NBA, 2K
    Sports, 2K Games, and Nike, Inc.,
    and all of their respective officers,
    directors, employees, representatives and agents will have no liability
    whatsoever for, and shall be held harmless by winner against, any liability for
    injuries, including death, losses or damages of any kind to persons or
    property resulting in whole or in part, directly or indirectly, from participation
    in the Sweepstakes; from acceptance, possession, misuse or use of a prize or
    offer; from participation in any prize-related activity or any travel related
    thereto which may be sustained in connection with the receipt, ownership or use of the prize or offer.
    10. Publicity:
    Except where prohibited by law, participation in the
    Sweepstakes constitutes each winner’s consent to Sponsor’s and its agents’
    and licensees’ use of winner’s personal name, Entries, Instagram user name,
    likeness, photograph, voice, opinions and/or hometown and state or province
    for promotional purposes in any media, worldwide, without further notice,
    approval, payment or consideration.
    11. General Conditions:
    This Sweepstakes is in no way sponsored,
    endorsed or administered by or associated with, Facebook, Inc., NBA, 2K
    Sports, 2K Games, or Nike, Inc. Unclaimed prizes may not be awarded.
    Sweepstakes Parties are not responsible for illegible, lost, late, damaged,
    incomplete, misdirected, unintelligible, returned or undelivered Entries,
    unavailability and/or transmission errors of ClickFunnels
    or Mailchimp,
    telephone calls, text messages or emails or for lost, interrupted or
    unavailable satellite, network, server, Internet Service Provider (ISP), or other
    connections availability, accessibility or traffic congestion,
    miscommunications, failed computer, network, telephone, satellite or cable
    hardware or software or lines, or technical failure, or jumbled, scrambled,
    delayed or misdirected transmissions, computer hardware or software
    malfunctions, failures or difficulties, or other errors of any kind whether
    human, mechanical, electronic or network.
    Persons who tamper with or
    abuse any aspect of this Sweepstakes, or act in violation of the Official Rules,
    or act in any manner to threaten or abuse or harass any person, or violate
    ClickFunnels'
    or Mailchimp's terms of service, as solely determined by the
    Sponsor, may be disqualified. Sweepstakes Parties are not responsible for
    any incorrect or inaccurate information whether caused by tampering,
    hacking, or by any of the programming or equipment associated with or used
    in this Sweepstakes, and assumes no responsibility for any errors, omission,
    deletion, interruption or delay in operation or transmission or communication
    line failure, theft or destruction or unauthorized access. Any use of robotic,
    macro, automatic, programmed or like methods of entry will void all such
    entries, and may subject that entrant to disqualification.
    Sweepstakes
    Parties are not responsible for injury or damage to entrant's or any other
    person’s computer or property related to or resulting from participating in
    this Sweepstakes. Should any portion of the Sweepstakes be, in the
    Sponsor’s sole opinion, compromised by virus, worms, bugs, unauthorized
    human intervention or other causes which, in the sole opinion of the
    Sponsor, corrupt or impair administration, security, fairness or proper entry
    of this Sweepstakes, or submission of entries, Sponsor reserves the right, at
    its sole discretion, to suspend, modify or terminate the Sweepstakes, and
    select the winner from a random drawing of all Eligible Entries received prior
    to such action taken, or otherwise as may be deemed fair and equitable by
    the Sponsor.
    Should Sponsor terminate Sweepstakes, notice will be posted
    on Whistle Sports’ channel on Instagram as of date of termination. Sponsor further reserves the right to disqualify any individual who tampers with the
    entry process.
    12. BINDING ARBITRATION: EXCEPT WHERE PROHIBITED BY LAW,
    ENTRANT AGREES THAT:
    (I) ANY DISPUTE, CONTROVERSY OR CLAIM
    ARISING OUT OF OR RELATING TO THE SWEEPSTAKES, OR ANY PRIZE
    AWARDED, SHALL BE RESOLVED INDIVIDUALLY -- WITHOUT RESORT
    TO ANY FORM OF CLASS ACTION -- BY BINDING ARBITRATION (BY A
    SINGLE NEUTRAL ARBITRATOR SELECTED BY SPONSOR IN ITS SOLE
    AND ABSOLUTE DISCRETION) ADMINISTERED BY THE AMERICAN
    ARBITRATION ASSOCIATION IN ACCORDANCE WITH THE COMMERCIAL
    ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR
    CONSUMER RELATED DISPUTES (THE “AAA RULES”) THEN IN EFFECT;
    (III) ANY ARBITRATION SHALL BE HEARD IN NEW YORK CITY, NEW
    YORK BY ONE ARBITRATOR TO BE SELECTED IN ACCORDANCE WITH
    THE AAA RULES; (IV) UNLESS BOTH ENTRANT AND SPONSOR AGREE
    IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN
    ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER
    ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING; (V)
    JUDGMENT UPON ANY AWARD RENDERED MAY BE ENTERED IN ANY
    COURT HAVING JURISDICTION THEREOF; (VI) ANY AND ALL CLAIMS,
    JUDGMENTS AND AWARDS SHALL BE SUBJECT TO ALL LIMITATIONS
    AND RELEASES SET FORTH IN THESE OFFICIAL RULES AND LIMITED
    TO ACTUAL OUT-OF-POCKET DAMAGES, BUT IN NO EVENT SHALL
    SUCH CLAIMS, JUDGMENTS OR AWARDS INCLUDE ANY PUNITIVE,
    EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES,
    ATTORNEYS' FEES OR COSTS OF BRINGING A CLAIM, ANY INJUNCTIVE
    OR OTHER EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW
    THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
    CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
    EXCLUSION MAY NOT APPLY TO YOU.
    13. Governing Law:
    All federal, state and local laws and regulations apply.
    All issues and questions concerning the construction, validity, interpretation
    and enforceability of these Official Rules, or the rights and obligations of
    entrants and Sweepstakes Parties in connection with the Sweepstakes, shall
    be governed by, and construed in accordance with New York law without
    giving effect to any choice of law or conflict of laws.
    14. Severability: If any provision(s) of these Official Rules are held to be
    invalid or unenforceable, all remaining provisions hereof will remain in full
    force and effect.
    15. Use of Data:
    Sponsor will be collecting personal data about entrants
    online, in accordance with its privacy policy.
    Please review Sponsor’s privacy
    policy at http://whistlesports.com/policies/WhistleSportsPrivacyPolicy.pdf. Byparticipating in the Sweepstakes, entrants hereby agree to Sponsor’s
    collection and usage of their personal information in accordance with
    Sponsor’s privacy policy and acknowledge that they have read and accepted
    Sponsor’s privacy policy.
    16. Winners List: For a list of winners, send a separate self-addressed,
    stamped envelope to:
    Whistle Sports, Inc. ATTN: Legal Dept/Whistle
    SEPTEMBER 2019 Sweepstakes”, 79 Madison Avenue, 8th Floor, New York, NY
    USA 10016.
    All requests must be received by MARCH 31, 2020.