WHISTLE DECEMBER 2019 GIVEAWAY
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 DECEMBER 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 DECEMBER 20th, 2019 and ends at 11:59 P.M. ET on JANUARY 15, 2020 (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 DECEMBER 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 DECEMBER 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 JANUARY 20, 2020. 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 LeBron 17 basketball shoes; and one (1) professional basketball duo t-shirt from Whistle Store. Approximate retail value (“ARV”) of prize: $275.00.TOTAL ARV OF ALL SWEEPSTAKES PRIZES: $275.00.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 National Basketball Association (“NBA”), Nike, Inc.,LeBron James, Etison LLC d/b/a ClickFunnels, Klaviyo Inc., Sponsor, and its subsidiaries, participating advertising and promotion agencies and prize suppliers, and all of their respective officers, directors, employees, representatives and agents (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 releasesSweepstakes Parties 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 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 NBA or any of its players, Nike, Inc., and each of its subsidiaries. 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.
16. Winners List: For a list of winners, send a separate self-addressed, stamped envelope to: Whistle Sports, Inc. ATTN: Legal Dept/Whistle DECEMBER 2019 Sweepstakes”, 79 Madison Avenue, 8th Floor, New York, NY USA 10016. All requests must be received by JUNE 30, 2020.