OFFICIAL RULES FOR SWEEPSTAKES AND CONTESTS CONDUCTED ON SOCIAL MEDIA PLATFORMS
Last Modified: January 19, 2023
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT, YOU AGREE THAT DISPUTES ARISING UNDER THESE OFFICIAL RULES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
From time to time Overtime Sports, Inc. and/or its affiliated entities (collectively, "Sponsor" or "Overtime") may conduct contests, sweepstakes and/or other promotions (individually and collectively, "Campaign(s)") via social media/networking platforms including, but not limited to, Instagram, Facebook, Twitter, TikTok, Discord and others (each, a "Social Media Platform"). Unless governed by a different set of rules, these terms and conditions shall serve as the official rules ("Official Rules") for any such Campaign conducted by Sponsor. These Official Rules may be updated as deemed necessary by Sponsor in its sole discretion.
Each individual Campaign will be announced and promoted via Social Media Platform posts, stories or tweets, or by e-mail or other calls-to-action ("Campaign Posting"). A Campaign Posting will include the following: how to enter, the entry deadline, method of determining the winner (for a contest), the prize(s)/value(s), the eligibility requirements and any other Campaign-related information deemed necessary by Sponsor. All information contained in a Campaign Posting is incorporated herein by reference.
1. ELIGIBILITY: Unless otherwise stated in the Campaign Posting, to participate in: (i) any Overtime Elite ("OTE") event related Campaign conducted by Sponsor on a Social Media Platform, you must be a legal US resident, thirteen (13) years of age or older at the time of entry, and reside within a 75-mile radius of the OTE arena (the "Arena"); (ii) any non-event related Campaign conducted by Sponsor on a Social Media Platform, you must be a legal US resident residing in the continental US and thirteen (13) years of age or older at the time of entry. Employees of Sponsor and its respective parents, affiliates, subsidiaries, and advertising and promotion agencies and any other entity involved in the development or administration of a Campaign, and their immediate family members or household members, or any other individuals or parties deemed not eligible under the Official Rules, are not eligible to participate in or win a Campaign. THE CAMPAIGNS ARE VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET, OR WHERE THE METHODS OF ENTRY WOULD BE DEEMED CONSIDERATION. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS APPLY. By participating, entrants agree to be bound by these Official Rules and the decisions of Sponsor, which are binding and final on matters relating to a Campaign. All applicable federal, state and local laws apply.
2. ENTRY: To enter any Campaign, follow the instructions set forth in the Campaign Posting. All entries must be in English. You must have an account on the Social Media Platform on which the Campaign Posting was posted in order to be able to enter that Campaign. Establishing an account on any Social Media Platform is free. All terms and conditions of the applicable Social Media Platform apply, as applicable. Entrants must take the actions required and/or must include the information requested by Sponsor in order for entries to be eligible. All entries must be received by the date and time stated in the Campaign Posting to be eligible. Unless otherwise specified in the Campaign Posting, there is a limit of one (1) entry per person/Social Media Platform account/e-mail per Campaign. Entries received from any person/e-mail or Social Media Platform for any Campaign in excess of the Campaign limitation will be void. Any attempt to use multiple accounts or other tactics to enter more than the limit may result in the disqualification by Sponsor from the Campaign and all associated entries will be void. Entries generated by mechanical, script, macro or other automated means or by any means which subvert the entry process will be void. All entries become the property of Sponsor and will not be acknowledged or returned.
PROHIBITED CONTENT: By submitting an entry, entrant (and, if an eligible minor, entrant's parent or legal guardian) agrees that the entry complies with the applicable Campaign Posting and these Official Rules and does not contain a virus. In addition, entrant (and, if an eligible minor, entrant's parent or legal guardian) warrants and represents that entrant and any persons appearing or who are identifiable in the entry consent to the submission and use of the entry in the applicable Campaign and to its use as otherwise set forth herein. As applicable, entries may not contain, as determined by Sponsor in its sole discretion, any content that:
- contains music (unless specifically provided for in the Campaign Posting, in which case the use of such music shall be in accordance with the Campaign Posting);
- is pornographic, sexually explicit or suggestive, or contains profanity or nudity;
- is violent or derogatory of any ethnic, racial, gender, religious, professional or age group;
- promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing);
- promotes any activities that may appear unsafe or dangerous;
- promotes any particular political agenda or message;
- is obscene or offensive, or endorses any form of hate or hate group;
- defames, misrepresents or contains disparaging remarks about other people or entities;
- contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission, to the extent permission is necessary;
- contains copyrighted materials owned by others (including, without limitation, music, videos, photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission, to the extent permission is necessary (and if such permission is necessary, entrant must obtain permission from the appropriate third party to use such material(s) for the purpose(s) set forth in the applicable Campaign Posting and in these Official Rules) and Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure by an entrant to provide such proof, if requested, may render such entrant's entry null and void;
- contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission, to the extent permission is necessary (and if such permission is necessary, entrant must obtain permission from the appropriate third party to use such material(s) for the purpose(s) set forth in the applicable Campaign Posting and in these Official Rules) and Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure by an entrant to provide such proof, if requested, may render such entrant's entry null and void;
- communicates messages or images inconsistent with the positive images and/or good will with which Sponsor wishes to associate;
- appears to duplicate any other submitted entries; and/or;
- violates any law.
Sponsor may disqualify any entry for any reason, including if it determines that the entry fails to conform to these Official Rules in any way or otherwise contains unacceptable content. Sponsor is under no obligation to disclose why an entry has been disqualified.
3. WINNER SELECTION AND NOTIFICATION: Sponsor's clock will be the official time keeper for all Campaigns. Entries from one Campaign will not be included in other Campaigns. (a) FOR SWEEPSTAKES: Potential winners will be chosen in a random drawing conducted by Sponsor from among all eligible entries received for the applicable Campaign. Odds of winning a particular Campaign will depend on the total number of eligible entries received for such Campaign. (b) FOR CONTESTS: A panel of qualified judges determined by Sponsor will judge each entry based equally on the originality, creativity, and relevance to the theme of the Campaign, unless other judging criteria are stated in the Campaign Posting. The entrant(s) who submitted the entry(ies) with the highest score(s) will be deemed the potential winner(s) for the applicable Campaign. In the event of a tie, an additional, "tie-breaking" judge will determine the potential winner(s) based on the same criteria used by the original panel of judges, unless otherwise set forth in a Campaign Posting. Sponsor reserves the right not to award any or all prizes in any Campaign if, in its sole discretion, it does not receive a sufficient number of eligible and qualified entries for that Campaign. Judging scores will not be revealed. Potential winner(s) will be selected and notified within ten (10) business days following the conclusion of the applicable Campaign via an e-mail, Direct Message or comment on the winning post(s), or by other means applicable to the Social Media Platform on which the applicable Campaign was entered. Potential winner(s) may be required to sign and return an Affidavit of Eligibility, a Liability Release and, where legally permissible, a publicity release and/or provide other personal or tax information. If a potential winner (i) cannot be contacted, (ii) does not respond to the initial notification and/or return any required documentation within the time period specified, (iii) does not meet the stated eligibility requirements, (iv) refuses the prize, (v) fails to claim the prize as directed, or (vi) is otherwise not in compliance with these Official Rules, such potential winner will be disqualified and Sponsor reserves the right to select an alternate winner from the remaining eligible entries received for the applicable Campaign based on the applicable winner selection method described above, time permitting. 4. OWNERSHIP/USE OF ENTRIES: By submitting an entry, each entrant (and, if an eligible minor, entrant's parent or legal guardian) agrees Sponsor and its successors, assigns, designees and licensees shall have a perpetual, irrevocable, assignable, royalty free, fully paid-up license to exploit, edit, modify, post, disseminate, create derivative works of, distribute and otherwise use the entry and all elements of such entry, including, without limitation, any comments or responses and the names and likenesses of any persons or locations embodied therein, as well as entrant’s name, Social Media Platform account name, city and state of residence, photo (including, without limitation, Social Media Platform account profile photo), likeness, image, voice, opinions, biographical information, and/or prize information in any manner, in any and all media now known or hereafter devised (including, without limitation, in all print, electronic or other media via Sponsor's Social Media Platform accounts, on Sponsor's websites and in the OTE arena), worldwide, without compensation or notification to, or permission from, entrant or any third party. 5. PRIZES: The number and approximate retail value ("ARV") of prizes awarded in any Campaign will vary and will be set forth in the Campaign Posting. Any difference between any ARV and the actual value of a prize awarded, if any, shall not be awarded. Prizes are awarded "as is" with no warranty or guarantee, either express or implied. Prizes may not be substituted, transferred, assigned or redeemed for cash, but Sponsor reserves the right, in its sole discretion, to substitute a prize (or portion thereof) with one of comparable or greater value. Prize includes only what is specified in the prize description. If a Prize includes signed merchandise, the actual value thereof may vary based on market fluctuations, and any person(s) to autograph item(s) will be determined by Sponsor in its sole discretion. Certain prizes may be awarded as vouchers, gift cards or gift certificates. All tickets, vouchers, gift cards, and gift certificates are subject to such certain terms and conditions as specified thereon. Winners of event tickets must be available to attend such event on the date specified or another winner may be selected by Sponsor. Seat locations will be determined by Sponsor. Winner and, if applicable, winner's guest(s), must comply with all venue rules and regulations. Failure to do so may result in forfeiture of prize and/or ejection from the venue. A minor winner of event tickets must attend such event with the minor's parent or legal guardian or other adult as authorized by the minor's parent or legal guardian. No refund or compensation shall be paid in the event of the cancellation or delay of the event, or any portion thereof. Sponsor shall not be liable if the event, or any portion thereof, is cancelled, postponed or delayed. The terms and conditions of the tickets may govern if the event is cancelled, postponed or delayed due to weather, an act of God, pandemic or epidemic, an act of terrorism, civil disturbance, or for any reason. Released Parties (as defined below) are not responsible for, and will not replace, lost, mutilated, or stolen tickets. Sponsor will not consider or fulfill any requests for additional or alternate prizes, including but not limited to requests for additional tickets, upgrades and/or alternate dates or seating. Winners are responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided. Unless otherwise stated in the Campaign Posting, travel, accommodation or any other costs associated with prize acceptance and use are not included as part of prize and are the sole responsibility of the winner. If any prize or prize component cannot be provided by Sponsor for any reason, no compensation or substitution will be provided in lieu thereof; however, if applicable, the remainder of the prize will be awarded. All prize details are at Sponsor's sole discretion. 6. LIMITATION ON LIABILITY: ENTRANTS (AND, IF ELIGIBLE MINORS, THEIR PARENTS OR LEGAL GUARDIANS) RELEASE, DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS, SPONSOR, THE APPLICABLE SOCIAL MEDIA PLATFORM, AND EACH OF THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDARIES, LICENSEES, SPONSORS, PROMOTIONAL PARTNERS, PRIZE SUPPLIERS, AND ADVERTISING AND PROMOTIONAL AGENCIES, AND ALL OTHERS ASSOCIATED WITH THE DEVELOPMENT AND EXECUTION OF THE CAMPAIGN (COLLECTIVELY, THE "RELEASED PARTIES") FROM AND AGAINST ANY LIABILITY FOR ANY DAMAGES, INJURY OR LOSSES OF ANY KIND (INCLUDING DEATH) TO ANY PERSON, OR PROPERTY, RESULTING, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF ANY PRIZE (INCLUDING ANY TRAVEL OR ACTIVITY RELATED THERETO) OR PARTICIPATION IN ANY CAMPAIGN RELATED ACTIVITY OR PARTICIPATION IN ANY CAMPAIGN CONDUCTED BY SPONSOR. 7. GENERAL CONDITIONS: Illegible, inaccurate, damaged, misdirected, delayed, unintelligible or incomplete entries, messages, comments, posts or responses will be disqualified. The Released Parties are not responsible for any lost, late, incomplete, inaccurate, delayed, misdirected, stolen, garbled or undelivered entries, messages, comments, posts, responses, emails or other communications of any kind; or for lost, interrupted or unavailable network, server, Internet Service Provider (“ISP”), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure; or for jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; or for other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Campaign, including, without limitation, errors or difficulties which may occur in connection with the administration of the Campaign, the processing of entries, the announcement of the prize(s) and/or potential winner(s) or in any Campaign-related materials. 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 Campaign. Released Parties are not responsible for injury or damage to entrants' or to any other person's computers or other devices related to or resulting from participating in any Campaign or downloading materials from or use of any applicable Campaign-related website or any Social Media Platform. Persons who tamper with or abuse any aspect of the Campaign, website or Social Media Platform, who are in violation of these Official Rules or who act in an unsportsmanlike or disruptive manner, as solely determined by Sponsor, will be disqualified and all associated entries will be void. In the event that technical or other circumstances (including, without limitation, a computer virus, worms, bugs, tampering, unauthorized intervention, technical failures, insufficient volume of eligible entries) compromise, corrupt or impair the administration, security, integrity, fairness or proper play of a Campaign, or the submission of entries therefor, in the sole opinion of Sponsor, Sponsor reserves the right, in its sole discretion, to cancel, modify or terminate the Campaign and, if cancelled, at its discretion, to select winner(s) from all eligible, non-suspect entries received prior to the cancellation based on the applicable winner selection methods described in Section 3 of these Official Rules or as otherwise deemed fair and appropriate by Sponsor. In the event of a dispute as to any entry or the identity of an entrant, entries will be declared to be made by the authorized account holder and natural person assigned by (i) an ISP, on-line service provider, or other organization responsible for assigning e-mail addresses to the e-mail address associated with the entry or (ii) the Social Media Platform to that Social Media Platform account associated with the entry, and such person must comply with these Official Rules. Entrants may be required to show proof of being the authorized account holder. ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF A CAMPAIGN MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN SUCH CAMPAIGN. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS' FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. 8. PERSONAL INFORMATION/DATA COLLECTION/USE: The personal information collected/provided in connection with a Campaign will be used in accordance with the Privacy Policy, which can be found at https://overtime.tv/privacy. Entrants who provide their email addresses and/or phone numbers will automatically be enrolled to receive emails and/or SMS from or on behalf of Sponsor or others and can opt out of receiving future emails and/or SMS at any time by following the directions provided in such emails and/or SMS. 9. WINNER LIST: For the name(s) of the winner(s) of a Campaign, please send an e-mail within thirty (30) days following the conclusion of the applicable Campaign to giveaways@itsovertime.com. Include "Winner's List" and the name of the applicable Campaign in the subject line. 10. GOVERNING LAW & MANDATORY ARBITRATION: For purposes of these Official Rules, Overtime's Arbitration Agreement is incorporated herein by reference. Any disputes arising under a Campaign and/or these Official Rules will be governed by relevant U.S. federal statutes and regulations and the internal laws of the State of New York, without regard to the conflicts of laws provisions thereof. Sponsor and each entrant (and, if eligible minors, their parents or legal guardians) agree that any such claim or dispute between the parties, or between a party and any agent, employee, successor, or assign of the other, related to any Campaign and/or these Official Rules (including the applicability of this arbitration clause) shall be resolved by confidential binding arbitration administered by JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS' website (www.jamsadr.com) or by calling JAMS at 949-224-1810. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction. Under no circumstances will an entrant be permitted to obtain awards for, and entrants hereby waive all rights to claim punitive, incidental and consequential damages, including reasonable attorneys’ fees, and any other damages, other than actual out-of-pocket expenses (i.e. costs associated with entering a Campaign). Entrant further waives all rights to have damages multiplied or otherwise increased. Notwithstanding the foregoing, Sponsor may seek equitable relief in any court of competent jurisdiction. 11. Severability: If any provision of these Official Rules is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these rules otherwise remain in full force and effect and enforceable.
No Campaign governed by these Official Rules is in any way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, Twitter, TikTok, Discord or any other Social Media Platform on which such Campaign is conducted by Sponsor.