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    WHISTLE SPORTS, INC. OCTOBER 2020 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 Sports October 2020” Giveaway (the “Giveaway”) 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 parents and subsidiaries, and each of its respective 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 Giveaway 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 Giveaway. Winning a prize is contingent upon fulfilling all requirements set forth herein.

     

    1. Sponsor: Whistle Sports, Inc. (“Sponsor”).

     

    1. Timing: The Giveaway begins at 12:00 P.M. PST on October 22, 2020 and ends at 8:59 P.M. PST on October 25, 2020 (the “Giveaway Period”). Sponsor’s computer is the official time-keeping device for the Giveaway.

     

    1. How to Enter: You may enter the Giveaway during the Giveaway Period through the following steps: (a) tag three (3) friends in the call-to-action Instagram post announcing the Giveaway, (b) enter your email in the link in our bio, and (c) follow both @WhistleSports and @jawbats on Instagram (the “Entry”).

     

    Limit one (1) Entry per Instagram account and per person during the Giveaway Period.  Photoshopped and computer-generated entries are prohibited and will be disqualified.

     

    You may only enter the Giveaway via Instagram. Entrants must have a valid non-private Instagram account in order to participate in the Giveaway. Entrants can create an account on Instagram for free by registering with www.instagram.com. Entrants must not use more than one (1) Instagram account to enter the Giveaway. If an entrant is suspected of using multiple Instagram accounts to enter, any entries received by such means will be void. Data rates may apply if entrant enters the Giveaway 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 (“Eligible Entries”). 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. Entrants’ Instagram posts 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 (unless entrant has obtained a release specific for uses specified herein) the image or likeness of anyone other than the entrant, third party commercial products, copyright protected 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.

     

    By entering the Giveaway, entrant represents and warrants that: (a) it has all rights to the contents of the Instagram post and all components thereof, and that entrant has obtained all rights, consents, and permissions, including, but not limited to, those of any persons that may have participated in the Instagram post necessary to grant the rights granted herein; (b) that the Instagram post, in whole or in part, has not been released commercially; (c) the Instagram post does not and will not violate any law, statute, ordinance or regulation; (d) the Instagram post is free and clear of any and all liens or claims with respect to the use of the Instagram post in the manner authorized herein, and will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights or interests of any third party, or give rise to any claims for any payment whatsoever; and (e) the Instagram post is not and will not be defamatory, libelous, pornographic or obscene.

     

    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.

     

    1. CONTENT RELEASE: By entering the Giveaway, 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, including, without limitation, on any social media platform, in perpetuity, throughout the world, without any additional notice, liability, obligation or additional payment of any kind to entrant or any third party.

     

    1. Winner Selection/Notification: One (1) potential grand prize winner will be selected from all Eligible Entries received, on or about October 26, 2020, via random drawing by Sponsor.

     

    Sponsor will notify the potential winner by direct message from the @whistlesports account on Instagram to the potential winner’s Instagram direct message inbox (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”).  Please check your Instagram direct message inbox. 

     

    Potential winner must respond to the Winner Notification within two (2) business days by providing the potential winner’s email address, allowing Sponsor to communicate privately with the potential winner.  If the potential winner fails to respond within the two (2) 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, and W-9 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.

     

    The Giveaway grand prize winner will be announced via an in-feed post on @WhistleSports Instagram page on or about October 26, 2020.

     

    1. Prize/Prize Restrictions: The following prize will be made available as part of the Giveaway:

     

    ONE (1) GRAND PRIZE: One (1) Giveaway grand prize winners will receive one (1) Jawbats custom Whistle Sports baseball bat. Approximate retail value (“ARV”) of prize: $250.00.

     

    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 Giveaway 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 Giveaway 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 GIVEAWAY.  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.    


    1. Publicity: Except where prohibited, participation in the Giveaway 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.

     

    1. Limitation of Liability: No liability or responsibility is assumed by Sponsor and its affiliates, subsidiaries, participating advertising and promotion agencies and prize suppliers, including, without limitation, Nintendo, (collectively, the “Giveaway Parties”) resulting from entrant's participation in, or attempt to participate in, the Giveaway. Sponsor is not responsible for any typographical errors in the announcement of prizes or these Official Rules. By participating in the Giveaway, the entrant releases Giveaway Parties, Woobox and Instagram. 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 Giveaway or receipt or use or misuse of any prize. By accepting a prize, recipient agrees that Giveaway Parties and Instagram 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 Giveaway; 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.

     

    1. Publicity: Except where prohibited by law, participation in the Giveaway 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.

     

    1. General Conditions: This Giveaway is in no way sponsored, endorsed or administered by or associated with Instagram. Unclaimed prizes may not be awarded. Giveaway Parties are not responsible for illegible, lost, late, damaged, incomplete, misdirected, unintelligible, returned or undelivered Entries, unavailability and/or transmission errors of Instagram, 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 Giveaway, or act in violation of the Official Rules, or act in any manner to threaten or abuse or harass any person, or violate Instagram’s terms of service, as solely determined by the Sponsor, may be disqualified. Giveaway 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 Giveaway, 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.  Giveaway 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 Giveaway. Should any portion of the Giveaway 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 Giveaway, or submission of entries, Sponsor reserves the right, at its sole discretion, to suspend, modify or terminate the Giveaway, and select the winner by applying the Judging Criteria to all Eligible Entries received prior to such action taken, or otherwise as may be deemed fair and equitable by the Sponsor.  Should Sponsor terminate Giveaway, notice will be posted on @Whistlesports and/0r @brotherhw, and any Sponsor Instagram channel(s) as of date of termination. Sponsor further reserves the right to disqualify any individual who tampers with the entry process.

     

    1. BINDING ARBITRATION: EXCEPT WHERE PROHIBITED BY LAW, ENTRANT AGREES THAT: (I) ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE GIVEAWAY, 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.

     

    1. 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 Giveaway Parties in connection with the Giveaway, shall be governed by, and construed in accordance with New York law without giving effect to any choice of law or conflict of laws.

     

    1. 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.

     

    1. 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 Giveaway, 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.

     

    1. Winners List: For a list of winners, send a separate self-addressed, stamped envelope to: Whistle Sports, Inc. ATTN: Legal Dept/“Whistle Sports Giveaway”, 133 W 19th St. 10th Floor, New York, New York 10011. All requests must be received by November 15, 2020.