THE 2016 WILSONX CHALLENGE (“the Contest”)
OFFICIAL RULES AND TERMS OF USE
Sponsor: Wilson Sporting Goods Co., a Delaware corporation, with a principal office at 8750 W. Bryn Mawr Ave., Chicago, IL 60631 (“Sponsor”).
PLEASE CAREFULLY READ THESE OFFICIAL RULES AND TERMS OF USE. THESE OFFICIAL RULES AND TERMS OF USE ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND SPONSOR (THE “TERMS” or “OFFICIAL RULES”). BY OPTING INTO THE CONTEST ON THE WILSONX BASKETBALL MOBILE APPLICATION (“WilsonX App”) YOU ARE INDICATING THAT YOU HAVE READ THE TERMS, THAT YOU UNDERSTAND THEM, AND THAT YOU AGREE TO BE BOUND BY THE TERMS. THESE TERMS SET FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR ENTRY FOR THE COMPETITION. IF YOU DO NOT AGREE TO THE TERMS, YOU SHOULD OPT OUT OF THE CONTEST ON THE SETTINGS PAGE OF THE WILSONX APP.
1. Eligibility: The Contest is open only to permanent, legal residents of the fifty (50) United States and the District of Columbia who are at least thirteen (13) years old at the time of entry that have a WilsonX basketball, a smart mobile phone onto which you have downloaded the WilsonX App and a WilsonX account which is open to the public (an account where the public can view your scores). Employees of Wilson Sporting Goods Co. and any of its respective related companies, parents, subsidiaries, affiliates, and agents and any agencies or other companies involved in the development or execution of the Contest or production or distribution Contest materials, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
2. Agreement to Official Rules: By opting into and participating in the Contest, entrant fully and unconditionally agrees to and accepts the Terms and the decisions of the Sponsor, which are final and binding in all matters related to the Contest. Sponsor reserves the right to modify the Terms at any time, without notice. Any modifications must be adhered to.
3. Timing: The Contest begins on March 14, 2016 at 12:00:01 a.m. (GMT-6:00) Central Standard Time and ends on April 4, 2016 at 11:59:59 p.m. Central Daylight Time (the “Promotion Period”) in Periods 1 through 4, as follows:
Period 1 March 14, 2016 – March 20, 2016 Period 2 March 21, 2016 – March 27, 2016 Period 3 March 28, 2016 – March 30, 2016 Period 4 April 3, 2016 – April 4, 2016
Sponsor’s computer is the official time-keeping device for the Contest.
4. How to Enter: To enter the Contest, during the Promotion Period: (i) opt in to the Contest on the profile page of the WilsonX App and (ii) during Period 1, complete one or more shooting session(s) of 30 shots or more with the WilsonX basketball in the Free Range mode on the WilsonX App, and/or (iii) during Period 2, complete one or more shooting session(s) with the WilsonX basketball in the GameTime mode on the WilsonX App. To enter the Contest, you must have a WilsonX basketball, a smart mobile phone onto which you have downloaded the WilsonX App, and a WilsonX account that is open to the public (an account where anyone can view your scores).
Limit: There is no limit to the number of entries (or shooting sessions) that an entrant may complete in either of Periods 1 and 2. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected scores, which will be disqualified. In the event of a dispute as to any entry, the authorized account holder of the email address associated with the applicable WilsonX account used to enter will be deemed to be the entrant. Potential winners may be required to show proof of being the authorized account holder. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.
5. Winner Determination: Winners will be determined via the following process: a. Period 1; Period 1 Finalists: At the end of Period 1, the two eligible entrants with the two highest field goal percentages, after a minimum of 30 shots, as determined by the shooting session data transferred to Sponsor via the WilsonX App will be determined the two “Period 1 Finalists”.
In the event of a tie, the entrant with more shots taken in the applicable tying session will be the Period 1 Finalist. In the event of a tie in the amount of shots take, then Sponsor will break the tie based upon the earlier date and time of the tied shooting sessions. IF NO ENTRIES ARE SUBMITTED IN COMPLIANCE WITH THESE OFFICIAL RULES DURING PERIOD 1, NO PRIZE WILL BE AWARDED FOR PERIOD 1. IF LESS THAN TWO (2) ENTRIES ARE SUBMITTED IN COMPLIANCE WITH THESE OFFICIAL RULES DURING PERIOD 1, LESS THAN TWO (2) PERIOD 1 PRIZES MAY BE AWARDED FOR SUCH PERIOD. Each entrant is only eligible to win one Weekly Finalist Prize during the Promotion Period. Odds of winning depend on the number and caliber of eligible entries received in accordance with this section during Period 1. The Period 1 Finalists will be announced via the @WilsonBasktball Twitter account on March 21, 2016.
b. Period 2; Period 2 Finalists: At the end of Period 2, the two eligible entrants with the two highest point totals in a winning game in the GameTime mode (on Advanced Difficulty), as determined by the shooting session data transferred to Sponsor via the WilsonX App will be determined the two “Period 2 Finalists”. Period 1 Finalists will not be eligible to be Period 2 Finalists.
In the event of a tie, Sponsor will break the tie based upon the earlier date and time of the tied shooting sessions. IF NO ENTRIES ARE SUBMITTED IN COMPLIANCE WITH THESE OFFICIAL RULES DURING PERIOD 2, NO PRIZE WILL BE AWARDED FOR PERIOD 2. IF LESS THAN TWO (2) ENTRIES ARE SUBMITTED IN COMPLIANCE WITH THESE OFFICIAL RULES DURING PERIOD 1, LESS THAN TWO (2) PERIOD 2 PRIZES MAY BE AWARDED FOR SUCH PERIOD. Each entrant is only eligible to win one Weekly Finalist Prize during the Promotion Period. Odds of winning depend on the number and caliber of eligible entries received in accordance with this section during Period 2. The Period 2 Finalists will be announced via the @WilsonBasktball Twitter account on March 28, 2016.
c. Period 3; Period 1 Winner: During Period 3, each Period 1 Finalist will complete one shooting session with the WilsonX basketball in the Buzzer Beater mode on the WilsonX App. The Period 1 Finalist with the longer session duration in Buzzer Beater (on Advanced Difficulty) as determined by the shooting session data transferred to Sponsor via the WilsonX App will be determined the “Period 1 Winner”.
In the event of a tie, the Period 1 Finalists will complete additional shooting sessions in the Buzzer Beater mode during Period 3 until the tie is broken. IF NO ENTRIES ARE SUBMITTED IN COMPLIANCE WITH THESE OFFICIAL RULES DURING PERIOD 1, NO PRIZE WILL BE AWARDED FOR PERIOD 3. The Period 1 Winner will be announced via the @WilsonBasktball Twitter account on April 1, 2016. d. Period 3; Period 2 Winner: During Period 3, each Period 2 Finalist will complete one shooting session with the WilsonX basketball in the Buzzer Beater mode on the WilsonX App. The Period 2 Finalist with the longer session duration in Buzzer Beater (on Advanced Difficulty) as determined by the shooting session data transferred to Sponsor via the WilsonX App will be determined the “Period 2 Winner”.
In the event of a tie, the Period 2 Finalists will complete additional shooting sessions in the Buzzer Beater mode during Period 3 until the tie is broken. IF NO ENTRIES ARE SUBMITTED IN COMPLIANCE WITH THESE OFFICIAL RULES DURING PERIOD 2, NO PRIZE WILL BE AWARDED FOR PERIOD 3. The Period 2 Winner will be announced via the @WilsonBasktball Twitter account on April 1, 2016.
e. Period 4; Grand Prize Winner: During Period 4, the Period 1 Winner and the Period 2 Winner will compete in a live shooting session in Free Range mode customized by Wilson in Houston, Texas. The potential Grand Prize Winner will be the Period 1 Winner or Period 2 Winner that completes such customized session, in the time allotted, with the higher shooting percentage.
In the event of a tie, the Period 1 Winner and Period 2 Winner will complete additional live customized shooting sessions during Period 4 until the tie is broken. IF NO ENTRIES ARE SUBMITTED IN COMPLIANCE WITH THESE OFFICIAL RULES DURING PERIOD 3, NO PRIZE WILL BE AWARDED FOR PERIOD 4. The Grand Prize Winner will be announced via the @WilsonBasktball Twitter account on April 5, 2016.
6. Prize Winner Requirements: Receiving a Prize is contingent upon compliance with these Official Rules. The potential Prize Winners may be required to sign and return an Affidavit of Eligibility, Liability & Publicity Release (“Affidavit”), which must be received by Sponsor within three (3) days of the date notice or attempted notice is sent, in order to claim a prize. If a potential Prize Winner cannot be contacted, fails to execute and return the Affidavit within the required time period (if applicable), or Prize is returned as undeliverable, potential Prize Winner forfeits the Prize. In the event that a potential Prize Winner is disqualified for any reason, Sponsor reserves the right to award any given prize to an alternate entrant based on the next highest relevant standard received, even if the disqualified Potential Winner’s name may have been publicly announced. If after three (3) attempts a Prize Winner is not confirmed, the Prize will remain un-awarded. Acceptance of any Prize shall constitute and signify Prize Winner’s agreement and consent that Sponsor may use Prize Winner’s name, city, state, likeness, WilsonX account username, and/or prize information in connection with the Contest, including without limitation to name an achievement within the WilsonX App (as set forth in Section 7.c. below), worldwide, including the Internet, without limitation and without further payment or consideration, except where prohibited by law.
7. Prizes:
a. Four (4) Weekly Finalist Prizes – Up to two (2) Period 1 Finalists and two (2) Period 2 Finalists (up to four (4) total Weekly Finalist Prizes) will each win: one (1) WilsonX hoodie and one (1) WilsonX backpack. Approximate retail value (ARV) of each Weekly Finalist Prize: $100.
b. Two (2) Grand Prize Finalist Prizes – Up to one (1) Period 1 Winner and one (1) Period 2 Winner (each a “Grand Prize Finalist”; collectively, “Grand Prize Finalists”; up to two (2) total Grand Prize Finalist Prizes;) will each win: (i) One (1) trip to Houston, Texas during the period of April 2, 2016 through April 4, 2016 (“the Trip”), and (ii) one (1) private shooting lesson from Chauncey Billups not to exceed 30 minutes. The Trip consists of round trip airfare for each Grand Prize Finalist and a guest from a major commercial airport near the Grand Prize Finalist’s home to Houston, Texas, two (2) nights hotel accommodations (based upon standard double occupancy) in Houston, Texas, and round trip airport to hotel transportation. ARV of each Grand Prize Finalist Prize: $1,850. Actual value of trip may vary based on point of departure and airfare fluctuations. Selection of airline and hotel are solely within Sponsor’s discretion. Meals, gratuities, luggage fees, incidental hotel charges and any other travel-related expenses not specified herein are the sole responsibility of the Grand Prize Finalist and his/her travel guest. Trip must be completed by April 4, 2016, and no alternative travel dates are available. Exact travel dates and arrangements subject to availability. The Grand Prize Finalist and travel guest must travel on same itinerary. If the Grand Prize Finalist is eligible, but is a minor in his/her jurisdiction of residence, the travel guest must be Grand Prize Winner’s parent or legal guardian. Minors must be accompanied at all times during the trip (including, but not limited to, in-flight, hotel stay and all prize- related events) by minor’s parent or legal guardian. Travel guests must sign and return a travel release before any ticketing of travel occurs and have all necessary identification and/or travel documents (e.g., a valid U.S. driver’s license or government issued passport) required for travel and must not have any barrier to entry in the United States.
c. One (1) Grand Prize: Up to one (1) potential Grand Prize Winner will win: (i) one (1) achievement named after such Grand Prize Winner within the WilsonX App for a period of not less than 12 months and (ii) one Wilson basketball autographed by Chauncey Billups. ARV: $3,000. See also Section 6 above.
The following applies to the Prizes: Any difference between stated approximate retail value and actual value of Prize will not be awarded. Except as specifically provided herein, the Prizes do not include taxes, or any other item not specifically described in these Official Rules, and all expenses for any of the foregoing are the sole responsibility of the Prize Winner and the Subject Individual, as applicable. The prize winners may be issued an IRS 1099 form. The prizes may not be transferred or assigned except by Sponsor. No substitutions, cash equivalents or redemptions of prize will be made. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. Reporting and payment of all applicable taxes, fees, and/or surcharges, if any, arising out of, or resulting from, acceptance or use of a prize, are the sole responsibility of the winner of the Prize.
8. General Conditions: Sponsor is not responsible for any typographical errors in these Official Rules or the advertising and promotion of the Contest; any kind of electronic, hardware, software or technical problems caused by Sponsor, the user or by any of the equipment or programming associated with or utilized in the processing WilsonX basketball data; any human error which may occur in the processing of such data Video or the selection of the prize winners, or which may limit any entrant’s ability to participate in this process.
If the Contest becomes compromised, hampered, interrupted, not capable of running as planned, or rendered impossible of performance in any way, Sponsor reserves the right, in its sole discretion to cancel, suspend or withdraw the Contest, or to amend these Official Rules without notice, and, if possible, select prize winners based on performances which occurred prior to or after the cancellation, suspension, reschedule or withdrawal.
Each entrant will not knowingly damage or cause interruption to the Contest and/or prevent others from participating in the process. CAUTION: ANY ATTEMPT TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST HEREUNDER VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND SPONSOR MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
9. Limitation of Liability/Release: Sponsor expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of the Prizes awarded. Except where prohibited by law, by receipt of any Prize, the Prize Winner and the Subject Individual agree to release and hold harmless Sponsor and its subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any and all liability, loss or damage incurred with respect to entrant’s participation in the Contest, the awarding, receipt, possession, and/or use or misuse of any prize, including any traveling related thereto.
10. Governing Law and Disputes: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, other than those concerning the administration of the Contest or the determination of winners, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate Illinois State Court located in Chicago, Illinois; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses , and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules (whether of the State of Illinois or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Illinois.
11. Privacy Policy: Information collected from entrant is subject to Sponsor’s Privacy Policy http://www.wilson.com/en-us/legal/.
12. Winner List: The name of prize winners (if any) may be obtained 30 days after close and no later than October 3, 2016 by sending a self-addressed stamped envelope to: Wilson’s “2016 WilsonX Challenge” ATTN: Basketball Division, 8750 W. Bryn Mawr Avenue, Chicago, IL 60631.