POINT3 X Sweepstakes
SWEEPSTAKES TERMS AND CONDITIONS
NO PURCHASE NECESSARY TO ENTER OR WIN.
Eligibility. This Sweepstakes (the “Sweepstakes”) is open to all natural persons who are legal residents of the fifty (50) United States and District of Columbia (the “Territories”) who are at least eighteen (18) years old at the time of entry (the “Entrants”). Entrants shall not include persons residing in other territories, such as Puerto Rico, Guam, or the US Virgin Islands. Entrants also shall not include employees, or shareholders of the Host and their family members. The Sweepstakes is subject to federal, state, and local laws and regulations. Offer is void where prohibited by law. By participating in the Sweepstakes all Entrants agree to these Terms and Conditions (the “Terms and Conditions”).
Host. This Sweepstakes is hosted by POINT3 Basketball or “POINT3” (the “Host”) with an address at 1872 Montreal Road, Suite B.Tucker, GA 30084 and an email address of firstname.lastname@example.org. The Host will conduct the Sweepstakes substantially as described in these Terms and Conditions.
Entry Period. The Sweepstakes will begin on Monday, January 24, 2022 at approximately 12 AM EST, and ending on February 7, 2022 at approximately 11:59 PM EST, (the “Entry Period”). The official timekeeping clock shall be the Host’s clock.
Entry Generally. During the Entry Period, Entrants will be permitted to enter the Sweepstakes through Instagram and Twitter by completing the Entrance Method (defined below). Entries made by an Entrant but not received or accepted by the Host are void, and the Host is not responsible for any entries not received or accepted. Any fraudulent interference with the entry process or attempt to breach these Terms and Conditions may result in disqualification from this Sweepstakes in the sole discretion of the Host.
Entrance Method. An Entrant can enter by following either set of instructions below:
Limitations on Entries. An Entrant shall be granted one (1) entry into the Sweepstakes for each Entrance Method performed. An Entrant may not enter the Sweepstakes more than once using the same Entrance Method. For the avoidance of doubt, each Entrant may enter the Sweepstakes a maximum of two (2) times. Entries received from any person, e-mail address, or household in excess of the stated limitation will be void, and the Host may choose to disqualify each applicable person in breach of these Terms and Conditions.
Prize Drawing: POINT3 Basketball, the Host, or its agent, employee, player or contractor will select (25) entries from Entrants in a random drawing from among all eligible entries received (the “Potential Winners”). The odds of being selected depend on the number of entries received. The Host will attempt to notify each Potential Winner (the “Notice”) via social media, telephone, or email on or about February 11, 2022. If the Potential Winner cannot be contacted within two (2) days after the date of the first attempt to contact him/her, the Host may select an alternate Potential Winner in his/her place at random from the remaining non-winning Entrants. To receive a list of the winner(s) who received the Prizes (defined below), you may request the same by mailing a self-addressed, postage-paid envelope to: The POINT3 Basketball ATTN, 1872 Montreal Road, Suite B
Tucker, GA 30084
Winner Notification. Without limiting each Entrant’s consent and agreement with the Declaration of Compliance as stated in the Entrance Methods section above, upon request from the Host, each Potential Winner will be required to complete, electronically sign and submit the Declaration of Compliance within two (2) days of the date Notice or attempted Notice is sent, in order to claim his/her Prize (at which point the Potential Winner shall be deemed the “Winner”). If a Potential Winner cannot be contacted, or fails to submit the Declaration of Compliance within the required time period (if applicable), or Prize is returned as undeliverable, Potential Winner forfeits the Prize. If the Potential Winner is at least 18 but still considered a minor in his/her jurisdiction of residence, Host reserves the right to award the Prize in the name of his/her parent or legal guardian, who will be required to sign the Declaration of Compliance on the Potential Winners behalf and fulfill any other requirements imposed on winner set forth herein. Potential Winners must continue to comply with all terms and conditions of these Terms and Conditions, as may be set forth by the Hostin its sole discretion, and winning is contingent upon fulfilling all other applicable requirements, as determined by the Host. In the event that a Potential Winner is disqualified for any reason, Host will award the applicable Prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the Prize will remain un-awarded, to the extent permitted by law. Prizes will be fulfilled within approximately 10 weeks of the conclusion of the Sweepstakes.
Prize. POINT3 Basketball, the host shall award the following prize, in accordance with these Terms and Conditions: (25) winners of the Sweepstakes will be awarded one (1) POINT3 Road Trip Mini with an approximate retail value of ($48 USD).
All applicable taxes are the sole responsibility of the Entrant and in no event will the Host be liable for said taxes. Prizes may not be transferred, assigned, or substituted except in the sole discretion of the Host, where the Host reserves the right to substitute a Prize of equal or greater value for any reason. The Host shall determine the order in which the Winners of the Prizes will be drawn in its sole and absolute discretion.
General Conditions. In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Sweepstakes is unable to run as planned for any other reason, as determined by Host in its sole discretion, the Host may, in its sole discretion, either (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Terms and Conditions or (b) terminate the Sweepstakes and, in the event of termination, award the Prizes at random from among the eligible, non-suspect entries received up to the time of the impairment. The Host reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Terms and Conditions or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the website or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, the Host reserves the right to seek damages (including attorney's fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by the Host to enforce any provision of these Terms and Conditions shall not constitute a waiver of that provision.
Release and Limitation of Liability. By participating in the Sweepstakes, Entrants agree to release and hold harmless the Host, and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Sweepstakes (Behaviour Interactive Inc.), and each of their respective officers, directors, employees, shareholders, representatives, and agents (collectively, the "Released Parties)" from and against any claim or cause of action arising out ofparticipation in the Sweepstakes or receipt or use of the Prizes (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Sweepstakes, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Sweepstakes; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) any other errors or problems in connection with the Sweepstakes, including, without limitation, errors that may occur in the administration of the Sweepstakes, the announcement of the winner, the cancellation or postponement of the event and/or the flyover, if applicable, or in any Sweepstakes-related materials; or (e) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrants participation in the Sweepstakes or acceptance, receipt or misuse of the Prizes (including any travel or activity related thereto). Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the greater of (i) the cost of entering and participating in the Sweepstakes, if any, and (ii) the sum of Fifty Dollars ($50), and in no event shall the Entrant be entitled to receive attorney's fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
Data. The Host may collect personal information from Entrants when an Entrant enters the Sweepstakes. The Host will treat all personal information in accordance with any applicable data protection laws.
Publicity Rights. The Winners (and/or Potential Winners, as applicable) grant to the Host a worldwide, fully paid up, royalty free, sublicensable and transferable license to the Winner’s (and/or Potential Winner’s, as applicable) name, likeness, voice, image, photograph, social media account names, submission information, and any other content produced as a result of entering the Sweepstakes and/or winning the Sweepstakes (the “Material”) in connection with the promotion, marketing, and making historical reference to this Sweepstakes.
Indemnification. By submitting an entry in the Sweepstakes, each Entrant agrees to indemnify, defend, and hold harmless the Host and its affiliates, Behaviour Interactive Inc., and their respective designees, parents, subsidiaries, employees, directors, officers, representatives and agents from: (a) any and all claims, demands, causes of action and judgments (including attorney’s fees, court costs and expert’s fees) arising out of or relating to any breach by the Entrant of the terms and conditions of these Terms and Conditions and/or the Declaration of Compliance, including any representations and warranties; (b) any other losses, damages, rights, claims and actions of any kind in connection with or resulting from the entrants participation in the Sweepstakes or acceptance of any prize, including, without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy; and (c) use by the Host of Entrant’s entry submission or Winner’s (and/or Potential Winner’s, as applicable) Material as set forth in these Terms and Conditions.
Dispute. Each Entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Georgia. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, Entrants rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of Georgia, without giving effect to any choice of law or conflict of law rules.
Declaration of Compliance.The selected participants will be required to fill out, sign and return to the sweepstakes organizer a Declaration of Compliance (“Exhibit A”) that confirms his, her, or their, release of the Host and Behaviour Interactive Inc. as well as its affiliates, shareholders, directors, representatives, officers, employees and agents (“Released Party”), from any and all liability for any loss, harm, damages, cost or expense arising in whole or in part, directly or indirectly, from (1) the entrants’ acceptance, possession, use or misuse of the prize, and/or (2) the entrants’ participation in the sweepstakes, and/or (3) any breach of the sweepstakes rules, and/or (4) any prize-related activity, and/or (5) for any potential or actual infringement of third-party personal or intellectual property rights, including without limitation, copyrights, trademarks, publicity or privacy rights-related claims regarding the entries, and/or (6) if applicable, from any defects in the prize, from any lost, misplaced, delayed shipments or damaged freight and from any cost or expense arising from customs restrictions, duties or taxes.
Declaration of Compliance
By participating in this the Sweepstakes, I am submitting this Declaration of Compliance to the Host (“POINT3”), and its affiliated partner, Behaviour Interactive Inc., with the understanding that it will be relied upon by POINT3 and Behaviour Interactive Inc. in connection with my having been selected the winner of the Sweepstakes. All capitalized terms shall have the same definition as those set forth in the Sweepstakes Terms and Conditions; I represent that I am eligible to win the Prize(s); I represent that I satisfy all eligibility requirements set forth in the Terms and Conditions, which I acknowledge I have read and understood, and any other requirements imposed by law; I hereby represent and affirm that I have read, have complied with and will continue to comply with all the rules, regulations, and terms and conditions set forth in the Terms and Conditions; I have not perpetrated and will not perpetrate any fraud or deception in connection with the contest and have not sought to influence the outcome other than by participating as expressly permitted in the Terms and Conditions; I will be responsible for all applicable taxes on the Prize and hereby agree to indemnify and hold harmless POINT3 and Behaviour Interactive Inc. for any claim by any governmental agency relating back to the collection of said taxes; I understand that any non-compliance with the Terms and Conditions may result in my disqualification from the Sweepstakes and other penalties from the Host, including, without limitation, loss of the Prize(s); I hereby grant POINT3 an irrevocable fully paid up, worldwide, royalty free, sublicensable and transferable license to display, create derivatives of, and otherwise use my likeness, voice, image, photographs, social media account names, and name in connection with the promotion, marketing, and making historical reference to this Sweepstakes. I hereby fully and forever release POINT3 and Behaviour Interactive Inc. from, and waive the enforcement of any and all rights, claims and causes of action of any kind against Behaviour Interactive Inc. as well as its affiliates, shareholders, directors, representatives, officers, employees and agents (“Released Party”), any and all liability of any kind arising out of or in connection with my acceptance, possession, use or misuse of the prize, (ii) my participation in the sweepstakes, (iii) any breach of the sweepstakes rules, (iv) any prizes-related activity, (v) any and all claims that I may now or hereafter have in any jurisdiction based on “moral rights” or unfair competition with respect to sweepstakes organizer’ exploitation of my sweepstakes entry without further notification or compensation to me of any kind, or (vi) any third-party personal or intellectual property rights infringement of the sweepstakes entry, including without limitation, copyrights, trademarks, publicity or privacy rights, and/or (vii) if applicable, any defects in the prize, from any lost, misplaced, delayed shipments or damaged freight and from any cost or expense arising from customs restrictions, duties or taxes.