WHISTLE SEPTEMBER 2019 GIVEAWAY
NO PURCHASE OR PAYMENT NECESSARY FOR A CHANCE TO ENTER
OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF
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.
Whistle Sports, Inc., 79 Madison Avenue, 8th Floor, New York,
NY 10016 (“Sponsor”).
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
Sponsor’s computer is the official time-keeping device for the
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
http://giveaway.whistlesports.com/optin-1779231327477796) (your “Entry”).
Limit one (1) Entry per person during the Sweepstakes
Computer generated entries are prohibited and will be disqualified.
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
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
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
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
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
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
COPIES OF NBA 2K20. Approximate retail value (“ARV”) of prize:
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.
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
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.
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
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
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.
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
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
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
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
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
All requests must be received by MARCH 31, 2020.