TERMS & CONDITIONS:
- NO PURCHASE IS NECESSARY TO ENTER OR WIN. The Sponsor (as defined below) “2021 DII Super Fans Giveaway” (the “Contest”) begins at
12:01 p.m., November 1, 2021 and ends at 11:59 p.m. December 13, 2021. For purposes of these Official Rules, all times are Central Time (“CST”).
- The Contest is open to legal residents of the 50 United States and the District of Columbia over the age eighteen (18). Void in Puerto Rico and where otherwise prohibited or restricted by law. Sponsor, its parent company, subsidiaries and affiliates and their respective employees, directors, officers, shareholders, successors, assigns, agents and consultants (collectively, the “Sponsor Partners”), and Sponsor Partner’s immediate families and persons living in their households are not eligible to enter the Contest. The Contest shall be staged in compliance with all applicable federal, state, and local laws and is void where otherwise prohibited.
- By entering, entrants release Sponsor and the Sponsor Partners from any responsibility and all liability whatsoever for any injuries, losses, death or damages of any kind caused by participation in the Contest or in connection with acceptance, possession, use, or misuse of any prizes provided pursuant to the Contest.
AGREEMENT TO RULES:
- By participating, entrants agree to be fully and unconditionally bound by these Official Rules. Entrants represent and warrant that they meet the eligibility requirements set forth herein. In addition, Entrants agree to accept the decisions of Sponsor, as final and binding as it relates to the Contest.
- How to Enter: To enter, Entrants choose to take actions – such as to visit social media or the D2 McKinney website. Each correct selection will be on the D2McKinney website (d2mckinney.com). Entrants that do not already have a social media account may be required to create one. The Contest may be entered by submitting an entry using the online link above. The entry must fulfill all Contest requirements, as specified, to be eligible to win a prize. Entries that are not complete or do not adhere to the Official Rules may be disqualified at the sole discretion of the Sponsor. Entrants may enter a maximum of entries per action as defined using the online entry form. Contest entrants may not enter more times than indicated by using multiple email addresses, identities or devices in an attempt to circumvent the Official Rules. Use of fraudulent methods or otherwise attempting to circumvent the Official Rules shall be grounds for immediate removal and ineligibility from the Contest, at the sole discretion of the Sponsor.
- Contest will end at midnight on Saturday, Dec. 13, 2021. Sponsor is not responsible for late or unsuccessful attempts to enter. Sponsor reserves the right to allow for minor fluctuations between the Entrant’s timing device and the actual runtime of the submission on the Contest homepage, based on clear intent to comply with the Official Rules, as determined in the Sponsor’s sole discretion. The Entrant should be able to provide on request all appropriate clearances, permissions and releases for the video submission, including releases from the submitting Entrant and any third parties appearing in the submission. Incomplete, corrupted, untimely or unintelligible entries will be disqualified. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost, corrupted or otherwise destroyed, entrant’s sole remedy is another entry in the Contest. Sponsor reserves the right to determine in its sole discretion which entries have satisfied the entry requirements. Entrants may enter more than once, as long as all entries comply with these Official Rules, including, without limitation, the Video Submission Requirements below. ELIGIBLE ENTRANTS MUST SUBMIT EACH ENTRY IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED.
- Be submitted in a format that social media sites (e.g. Facebook, Twitter) accept. Any other formats submitted and/or exceeding the time limit will be disqualified.
Comply with terms of service and specifications for user submissions and/or video uploads of social media sites (e.g. Facebook, Twitter) and as may otherwise be posted on such websites.
Submitted photos and/or videos must NOT:
- Contain material and/or conduct which is (or promotes activities which are), in Sponsor’s sole discretion, to be illegal or involves an act of moral turpitude or is otherwise offensive or violates generally accepted standards of behavior or otherwise leads Sponsor to believe or conclude that the public association with Entrant would tend to subject Sponsor to ridicule, contempt, embarrassment or scandal, including, without limitation, including, without limitation, material and/or conduct that is sexually explicit, obscene, pornographic, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), threatening, profane, or harassing.
- Contain material that violates or infringes another’s rights, including, but not limited to, material that violates privacy, publicity or intellectual property rights, or that constitutes copyright, trademark, patent or trade secret infringement. Without limiting the foregoing, photo and/or video submissions must not include: (1) third party logos, trade dress, insignia, location signage, photographs, artwork or sculptures; or (2) use music that is not originally written, performed, and produced by you, the Entrant. All music featured in any photo and/or video must be available to publicize and broadcast on a license-free, royalty-free basis.
- Include third parties, including, but not limited to, minors, celebrities, and friends who have not expressly authorized Entrants to display their name, image, likeness, voice, performance, photograph, image and/or other likeness (collectively, “Name and Likeness”) in any submitted photo and/or video or otherwise use such Name and Likeness in accordance with these Official Rules.
- By entering, each Entrant represents and warrants that his or her entry (and Sponsor’s use thereof) does not and will not defame or otherwise violate the rights of any third party and does not and will not violate any federal, state or local laws, regulations or ordinances. Entrant further represents and warrants that he or she has secured the requisite consent from any person referenced or appearing in their entries. To the extent that anyone under the age of eighteen (18) appears in a photo and/or video, Entrant represents and warrants that the minor’s parent or guardian has consented to the minor’s appearance in the photo and/or video and the public display of the photo and/or video on YouTube. Sponsor reserves the right in its sole discretion to disqualify any entry that it believes violates any of the photo and/or Video Submission Requirements, does not otherwise comply with these Official Rules, or that is not consistent with the spirit and theme of the Contest.
- Entrants will retain copyright in their photo and/or video submission, but each Entrant grants to Sponsor and the Sponsor Partners an exclusive, worldwide, perpetual, assignable, royalty-free license to publish, reproduce, distribute, display, perform, create derivative works, transmit and disseminate the submission in all media or platforms whether now or any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity, without compensation or additional consents from Entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so. Entrant also waives any and all moral rights in the submission with respect to any use by Sponsor or its Sponsor Partners.
WINNER NOTIFICATION AND ANNOUNCEMENT:
- The potential Winner(s), as drawn by the Judges, will be notified by E-mail provided on or about the Monday after each week/game, and will be required to respond (as directed) to the notification attempt. The failure to respond timely to the notification may result in forfeiture of participation in the Contest and, in such case, the Sponsor will select an alternate Winner(s) according to the Judges’ results. The potential Winner(s) will be required to execute and return a notarized Affidavit of Eligibility and Liability/Publicity Release (the “Affidavit”) and other documents as required by the Sponsor within a reasonable amount of time, as determined by the Sponsor, in its sole discretion. If a potential Winner(s) cannot be contacted by E-mail after the first attempt to contact him or her, or if he or she fails to sign and return the Affidavit within the required time period (if applicable), he or she will be disqualified, and an alternate entry will be selected in his or her place from all eligible entries received according to the judging criteria described above. Only one (1) alternate Winner selection will be made, after which any remaining prizes will remain unawarded.
- The grand prize winner, Best Overall, will receive a $50 U.S.D. Amazon Gift Card, a $25 gift card to a restaurant in McKinney, plus 4 general admission tickets to the NCAA DII Football National Championship game.
- Acceptance of prize constitutes permission for the Sponsor to use the Winner’s Name and Likeness for purposes of advertising, trade and promotion without further notice, permission or compensation in any and all media now known or hereafter developed.
RIGHTS IN SUBMISSIONS:
- Each Entrant authorizes the Sponsor, the Sponsor Partners, and any entities affiliated or in privity with the Sponsor to utilize, for eternity and in any manner they see fit, the photo and/or photo and/or submitted to the Sponsor, and to make derivative works from such materials solely in connection with the Contest (i.e., to create promotional materials). Each Entrant releases the Sponsor and the Sponsor Partners from any and all claims or liability (now known or hereafter arising), including, but not limited to, any claims for defense and/or indemnity, in connection therewith. Each Entrant agrees and acknowledges that participation in the Contest, including, without limitation, the Entrant’s decision to provide the Entrant’s submission to Sponsor for purposes of the Contest, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between Sponsor and Entrant, does not place the Sponsor in a position that is any different from the position held by members of the general public with regard to elements of the Entrant’s photo and/or video submission, and that the only contracts, express or implied, between the Sponsor and Entrant are as set forth in these Official Rules and the release forms.
- By participating in the Contest and submitting a photo and/or video, each Entrant hereby grants permission for the Sponsor and the Sponsor Partners to use Entrant’s Name and Likeness for the purpose of advertising, trade and promotion without further notice, permission, or compensation in any and all media now known or hereafter developed throughout the universe. Except as required by law or permitted pursuant to these Official Rules, the Sponsor will not share an Entrant’s personal information with any third parties.
- Sponsor reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Contest should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In such case, the Sponsor may select the recipients from all eligible entries received. Sponsor reserves the right at its sole discretion to disqualify any Entrant who tampers or attempts to tamper with the entry process, the operation of the Contest or the D2McKinney website and/or violates these Official Rules.
- Sponsor has the right, in its sole discretion, to maintain the integrity of the Contest, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Contest rules; or the use of bots, macros or scripts or other technical means for entering or voting in the Contest.
- ANY ATTEMPT TO DELIBERATELY DAMAGE THE D2MCKINNEY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. By entering the Contest, Entrant agrees to receive email newsletters periodically from the Sponsor and the Sponsor Partners. You can opt-out of receiving this communication at any time by clicking the unsubscribe link in the newsletter.
Indemnification; Limitation of Liability:
- By entering, Entrant agrees to release and hold the Sponsor and the Sponsor Partners harmless from any liability, injury, death, loss, litigation, claim or damage of any kind to persons or property, in whole or in part, directly or indirectly, arising out of or related to (i) Entrant’s participation in the Contest and/or his/her acceptance, possession, use or misuse of any prize or any portion thereof, (ii) the use of Entrant’s Name and Likeness for advertising, trade and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor, without compensation or additional consents from Entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so; (iii) technical failures of any kind, including, but not limited, to the malfunctioning of any computer, cable, network, hardware or software; (iv) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (v) unauthorized human intervention in any part of the entry process or the Contest; (vi) electronic or human error which may occur in the administration of the Contest or the processing of entries.
- Under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, exemplary, indirect, special or consequential damages, or any other damages, whether foreseeable or not and whether based on negligence or otherwise, including attorneys’ fees. Disputes: THIS CONTEST IS GOVERNED BY THE LAWS OF USA AND TEXAS, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Contest, Entrant agrees that any and all disputes which cannot be resolved between the parties and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Idaho having jurisdiction.
- To obtain a copy of the win list of prize Winners or a print copy of these Official Rules, email your request to: [email protected] Requests must be received no later Dec 30st, 2021.
- The Sponsor of the Contest is D2McKinney.com.