Jack Link’s Warzone Invitational 5k Bracket Challenge
Terms and Conditions
These are the official rules (the “Official Rules”) that govern the Jack Link’s Warzone Winter Invitational 5k Bracket Challenge (the “Challenge”). Participation in the Challenge constitutes Entrant’s (defined below) full and unconditional acceptance of these Official Rules.
- Host. This Challenge is promoted, sponsored, and administered by Envy Gaming Inc. (the “Host”). The Host shall conduct the Challenge substantially as described in these Official Rules.
- Eligibility. This Challenge is open to all natural persons who are legal residents of the United States and District of Columbia (except for Florida, New York, and Rhode Island) (the “Territory”) 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, or any other jurisdiction where the Challenge is prohibited. Entrants also shall not include employees, or shareholders of the Host, the Call of Duty League, any other team participating in the Call of Duty League, affiliates of the foregoing, and/or their family members. The Challenge is subject to federal, state, and local laws and regulations. Offer is void where prohibited by law.
- Entry Period. The Challenge will begin on March 8, 2021 and shall end on March 9, 2021 at 12PM CST (the “Entry Period”). The official timekeeping clock shall be the Host’s clock. Entrant’s entry must be received by the Host with the Entry Period to be entered into the Challenge.
- Entry. NO PURCHASE NECESSARY TO ENTER. During the Entry Period, Entrants will be permitted to enter the Challenge by populating and submitting a bracket regarding the Jack Link’s Warzone Winter Invitational (the “Invitational”) matches at [LINK]. 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 Official Rules may result in Entrant’s disqualification from the Challenge in the sole discretion of the Host. (If you use a mobile device to enter, your wireless-service provider’s data rates may apply.)
- Declaration of Compliance Consent. By entering this Challenge, each Entrant is consenting to and agreeing with the Declaration of Compliance stated below as Exhibit A (the “Declaration of Compliance”).
- Limitations on Entries.
- An Entrant gets one (1) entry for the entrance method described above, for a total of up to one (1) entry per Entrant. For the avoidance of doubt, an Entrant may not enter the Challenge more than once. An Entrant may not use multiple accounts to submit an entry. Entries received from any person or account in excess of the stated limitation will be void, and the Host may choose to disqualify the Entrant in breach of these Official Rules.
- The Host reserves the right to disqualify any entry and/or Entrant that is (i) indicative of a duplicate submission, and/or (ii) which utilizes inappropriate names and/or email addresses (including, without limitation, inclusion of swear words, slurs, discriminatory phrases, infringing language, and other commonly censored language), and/or (iii) which includes impossible predictions.
- Winner Selection.
- On March 10, 2021(“Winner Identification Date”), at 3030 Nowitzki Way, #300, Dallas, TX 75219, the Host will choose a potential winner (or potential winners, as applicable) from Entrants among all eligible entries received in accordance with the scoring process set forth in this Section 7 (the “Potential Winner”).
- Each Entrant’s submitted bracket shall be scored as follows for the first round of the Invitational: one (1) point for correctly predicting the winner of a match; and, one (1) point for correctly predicting the loser of a match. The same point system shall be used for each round of the Invitational, subject to the exception that the points due for each correct prediction shall increase by one-quarter (.25) point increments with each round of the Invitational.
- If there is only one Entrant with the highest amount of awarded points on the Winner Identification Date, that Entrant becomes the Potential Winner. If there is a tie for most points earned by Entrants (the “Highest Scoring Entrants”), then the Highest Scoring Entrant that submitted their bracket first, as determined by the Host in its reasonable discretion (including consulting any timestamps available to the Host), will become the sole Potential Winner.
- The odds of being selected as Potential Winner depend on the number of entries received and the amount of knowledge and skill of each Entrant. The Host will attempt to notify the Potential Winner via email on or about the Winner Identification Date (the “Notice”). If the Potential Winner cannot be contacted within three (3) days after the date of the Host’s first attempt to contact the Potential Winner (the “Response Deadline”), the Host has the option, but not the obligation, to select the Entrant who would be the next highest scoring Potential Winner in accordance with these rules. For the avoidance of doubt, if a Potential Winner does not respond to the Host by the Response Deadline, the Potential Winner will lose any and all right to the Prize (defined below).
- Prize. The “Winner” (defined below) of the Challenge will each receive a monetary prize of Five Thousand Dollars ($5000) (“Prize”). No more than one (1) Prize will be distributed in the Challenge
- The Prize may be delivered to each Winner by manner and means that are in the sole and absolute discretion of the Host, including but not limited to an in-person delivery, USPS, FedEx, UPS. Further, in lieu of the Prize, the Host may in its sole discretion instead deliver the value of the Prize to the Winner. The Winner will be solely responsible for any tax obligations that arise as a result of receiving the Prize. The Prize will be fulfilled within approximately ten (10) weeks of the conclusion of the Challenge.
- Winner Qualification. Without limiting each Entrant’s consent and agreement with the Declaration of Compliance as stated in Section 5 of these Official Rules, upon request from the Host, each Potential Winner will be required to complete, electronically sign and submit the Declaration of Compliance within five (5) days of the date that Notice is first sent to the Potential Winner, in order to claim the Prize. Each Potential Winner will also submit all required information to the Host in order for the Host to deliver the Prize to that Potential Winner. If a Potential Winner cannot be contacted, fails to submit the Declaration of Compliance and/or provide the mailing address within the required time period, or the Prize is returned as undeliverable, Potential Winner forfeits any right to the Prize. When a Potential Winner responds to the Host before the Response Deadline, signs and submits the Declaration of Compliance within five (5) days of the date that Notice is first sent, and provides Host with the necessary contact information to deliver the Prize, the Potential Winner becomes a “Winner” of the Challenge. All Entrants, Potential Winner(s), and the Winner (as applicable) must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all other applicable requirements, as determined by the Company. In the event that a Potential Winner is disqualified for any reason, Host will award the Prize to an alternate Potential Winner in the same manner as if the Potential Winner failed to respond before the Response Deadline. Only two (2) alternate Potential Winners will be identified, after which the Prize will remain un-awarded, to the extent permitted by law.
- Publicity Rights. The Winner (and/or Potential Winner(s), as applicable) grants 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 Challenge and/or winning the Challenge (the “Material”) in connection with the promotion, marketing, and making historical reference to this Challenge.
- Indemnification. By submitting an entry in the Challenge, each Entrant agrees to indemnify, defend, and hold harmless the Host and its affiliates, 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 Official Rules 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 Promotion 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; (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 Official Rules; and/or (d) tax liabilities associated with the Prize.
- Disclaimer, Release and Limit of Liability. The Host makes no representations or warranties of any kind, express or implied, regarding any prize or entrant’s participation in the Challenge. By participating in the Challenge, 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 Challenge, and each of their respective officers, directors, employees, shareholders, representatives, and agents (the “Released Parties)” from and against any claim or cause of action arising out of participation in the Challenge or receipt or use of the prize (including any travel or activity related thereto), including, without limitation: (a) any technical errors associated with the Challenge, 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 Challenge; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) any other errors or problems in connection with the Challenge, including, without limitation, errors that may occur in the administration of the Challenge, the announcement of the Winner, or the cancellation or postponement of the Challenge; 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 Challenge or acceptance, receipt or misuse of the Prize (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 Challenge, if any, or (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 Challenge. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
- General Terms. In the event that the operation, security, or administration of the Challenge 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 Challenge 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 Challenge to address the impairment and then resume the Challenge in a manner that best conforms to the spirit of these Terms and Conditions or (b) terminate the Challenge and, in the event of termination, award the prize 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 Challenge 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 Host or undermine the legitimate operation of the Challenge 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 Official Rules shall not constitute a waiver of that provision.
- Data. The Host collects person information from each Entrant when the Entrant enters the Challenge. The Host will treat all personal information in accordance with any applicable data protection laws.
- Arbitration. By participating in the Challenge, each Entrant agrees that should a dispute arise in any manner concerning or relating to this Agreement between the Entrant and the Host, including the arbitrability of this Agreement, other than injunctive relief and equitable relief, the dispute shall be submitted to and settled by binding and confidential arbitration in accordance with the rules of the American Arbitration Association in Dallas County, Texas. Parties involved in arbitration shall bear their own legal fees and costs in any arbitration and shall equally split the fees of the arbitration and the arbitrator. Any decision and findings of the arbitrator shall be final and binding on the Parties and held confidential by the Parties, and the Parties agree to execute all documents necessary to maintain such confidentiality.
- Governing Law and Disputes. Each Entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Challenge or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Dallas County, Texas. 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 Challenge, shall be governed by, and construed in accordance with, the laws of Texas, without giving effect to any choice of law or conflict of law rules. COURT PROCEEDINGS HELD UNDER THESE TERMS CANNOT BE BROUGHT, MAINTAINED OR RESOLVED ON BEHALF OF OR BY A CLASS, AS A PRIVATE ATTORNEY-GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY.
- Winner List. To receive a list of the Winner who received the Prize, any individual may request the same by mailing a self-addressed, postage-paid envelope to: Envy Gaming Inc., ATTN: Jack Link’s Warzone Winter Invitational 5k Bracket Challenge, 3030 Nowitzki Way, #300, Dallas, TX 75219.
Declaration of Compliance
By participating in this the Challenge, I am submitting this Declaration of Compliance to Envy Gaming Inc. (“Host”) with the understanding that it will be relied upon by Host in connection with my having been selected the winner of the Challenge. All capitalized terms shall have the same definition as those set forth in the Official Rules of the Challenge.
I represent that I am eligible to win the Prize;
I represent that I satisfy all eligibility requirements set forth in the Official Rules, which I acknowledge I have read and understood, and any other requirements imposed by law;
I hereby represent and affirm that I have read, understood, complied with and will continue to comply with all the rules, regulations, and terms and conditions set forth in the Official Rules;
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 Official Rules;
I will be responsible for all applicable taxes on the Prize and hereby agree to indemnify and hold harmless Host for any claim by any governmental agency relating back to the collection of said taxes;
I understand that any non-compliance with the Official Rules may result in my disqualification from the Challenge and other penalties from the Host, including, without limitation, loss of the Prize;
I hereby grant Host 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 Challenge.