7-Second Activity Challenge Official Rules

7-Second Activity Challenge Official Rules
CONTEST NAME: 7-Second Activity Challenge by Gopher
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. THERE ARE TWO SEPARATE
CONTESTS. CONTESTS ARE OPEN TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF
COLUMBIA (“D.C.”) WHO ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. VOID OUTSIDE THE
50 UNITED STATES/D.C., AND WHEREVER PROHIBITED. DO NOT ENTER THE CONTESTS IF YOU ARE NOT EIGHTEEN
(18) YEARS OF AGE OR OLDER AND A LEGAL RESIDENT OF AND CURRENTLY LOCATED IN ONE OF THE 50 UNITED
STATES/D.C. VOID WHERE PROHIBITED. CONTESTS ARE SUBJECT TO ALL FEDERAL, STATE, LOCAL AND MUNICIPAL
LAWS AND REGULATIONS.
Sponsored by The Prophet Corporation DBA Gopher Sport, 2525 Lemond St SW, Owatonna, MN 55060, 800-5330446 (“Sponsor” or “Company”). Sponsor will conduct the Contests in accordance with these official rules.
1.
ELIGIBILITY: The contests are open only to individuals who are legal residents of the 50 United States or
the District of Columbia and who are at least 18 years of age or older or the age of majority. If you are not
a legal resident of the United States, you are not eligible to participate in the Contests or to win a prize.
Employees of Sponsor, its parent companies, affiliates, subsidiaries, distributors, suppliers and advertising
and promotion agencies, and all other service agencies involved with design, execution or fulfillment of the
Contests, and members of the immediate families (defined for these purposes as spouses, parents, children,
siblings, and their respective spouses, regardless of where they reside) or households (whether related or
not) of any of the above are NOT eligible to participate. Contests are void outside of the 50 United
States/D.C. and where prohibited by law.
By participating, each entrant agrees to these Official Rules.
2.
DESCRIPTION OF CONTESTS/PARTICIPATION.
Dates of Contests:
Contest 1 will begin on December 15, 2016 at 12:00:01 am CST and end on February 2, 2017 at
11:59:59 pm CST (“Entry Period 1”). Entrants during this time period will be part of the Contest 1 Grand
Prize pool. Contest 1 will also have 7 weekly winners as detailed below.
Contest 2 will begin February 3, 2017 at 12:00:00 am CST and end on March 31, 2017 at 11:59:59
am CST (“Entry Period 2”). Entrants during this time period will be part of the Contest 2 Grand Prize pool.
Contest 2 will also have 7 weekly winners as detailed below.
Weekly winners. For each contest, the weekly contest registration period will begin at 12:00:01 am CST
on Friday and end at 11:59:59 am CST on the following Thursday, aside from the first week of the first
contest where the registration period will begin at 12:00:01 am CDT on Thursday, December 15, 2016 and
end at 11:59:59 am CST on Thursday, December 22, 2016 (“Weekly Entry Period”). There will be no
Weekly Winner the final week of the contest (March 24, 2017 through March, 31, 2017). Weekly Drawing
Dates: December 23, December 30, January 6, January 13, January 20, January 27, February 3, February
10, February 17, February 24, March 3, March 10, March 17, March 24. The Entry Period and Weekly
Entry Period into the Contest will be determined by the Entry Method as follows:
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7-Second Activity Challenge Official Rules
How to Enter: For each contest, during the Contest Period, interested parties may enter that
Contest by going to www.peuniverse.com ("Website") and follow the on-screen directions to create an
account and submit a video on behalf of a school (“School”) located in the 50 United State/D.C. Limit one
entry per week per entrant. All eligible entries from the Weekly Entry Periods in each contest will be eligible
for the final grand prize drawing for each separate Contest. Limit one (1) Entry per week.
An eligible entry is defined as a video that:
1) Is uploaded to PE Universe (www.peuniverse.com) .
2) Contains a minimum of 7 seconds of continuous activity performed by majority of the
participants in the video.
3) Entry may not exceed three (3) minutes in length, audio must be in English, and Entry
must be in mov, .quicktime, .avi, .mpg, .mpeg, .m1v, .mp2, .mp3, .mpa, .mpe, .mpv2,
.m3u, .wmv, or mp4 format.
Upon request by Sponsor, the entrant and any identifiable person appearing in the
Entry will be required to execute a liability/publicity release. Failure by entrant (or
his/her parent/legal guardian if entrant is an eligible minor) or any identifiable person
appearing in the Entry (or their parent/legal guardian if they are a minor), to execute
the liability/publicity release may result in the disqualification of the Entry.
4) Entry must conform to the following Entry Requirements:
•
Entry may not include any intellectual property of third parties, including copyrighted
material (including but not limited to music except that which is approved for use in the
Contest by Sponsor (music for which licenses are not necessary or sufficient licenses
have been obtained) or third-party trademarks (except as provided herein);
• Entry cannot contain materials embodying the names, likenesses, photographs, or other
indicia identifying any person, living or dead, without permission;
• Entry cannot be sexually explicit or suggestive, violent or derogatory of any ethnic, racial,
gender, religious, professional or age group, profane or pornographic, contain nudity or
any materially dangerous activity;
• Entry cannot promote illegal drugs or firearms (or the use of any of the foregoing), or
any activities that may appear unsafe or dangerous, or any particular political agenda or
message (in the sole opinion of the Sponsor);
• Entry cannot be obscene or offensive, endorse any form of hate or hate group;
• Entry cannot defame, misrepresent or contain disparaging remarks about Sponsor or its
products, or other people, products or companies;
• Entry cannot communicate messages or images inconsistent with the positive images
and/or goodwill to which Sponsor wishes to associate; and
• Entry cannot depict, and cannot itself, be in violation of any law.
ALL ENTRANTS MUST USE CAUTION AND COMMON SENSE IN CREATING THEIR ENTRIES. BY
PARTICIPATING IN THE CONTESTS, ENTRANTS (OR THEIR PARENT/LEGAL GUARDIAN IF AN
ELIGIBLE MINOR) AND ANYONE APPEARING IN THE ENTRY (OR THEIR PARENT/LEGAL
GUARDIAN IF A PERSON DEPICTED IN THE ENTRY IS A MINOR) ACKNOWLEDGE AND AGREE
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7-Second Activity Challenge Official Rules
THAT SPONSOR AND ITS RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES,
DISTRIBUTORS, SUPPLIERS, ADVERTISING AND PROMOTION AGENCIES, AND ALL OTHER
SERVICE AGENCIES INVOLVED WITH THE DESIGN, EXECUTION, OR FULFILLMENT OF THE
CONTESTS, NOR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR
AGENCIES (COLLECTIVELY “RELEASED PARTIES”) WILL HAVE ANY LIABILITY WHATSOEVER FOR
ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO BODILY
INJURY OR DEATH, CAUSED BY OR IN CONNECTION WITH PARTICIPATION IN THE CONTESTS.
ENTRIES POSTED WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE
ENTRANT AND THOSE THAT APPEAR IN THE ENTRY AND DO NOT REFLECT THE VIEWS OF THE
SPONSOR IN ANY MANNER.
Only the School for which the Entry is submitted (and identified during the entry process) is
entitled to a prize. The actual entrant (i.e. the eligible person who submits the Entry) is not entitled
to receive a prize.
Submission of an Entry is subject to, and all entrants must comply with, all policies, terms and
conditions set forth in these Official Rules. Proof of submission does not constitute proof of receipt.
Entries are subject to any applicable restrictions or requirements listed herein. The Released
Parties (as defined below) are not responsible for lost, late, undeliverable, illegible, damaged,
stolen, garbled, delayed, misdirected, mutilated, or incomplete entries or communications,
regardless of cause. When applicable, the Company’s computer will be deemed the official time
keeping device for the Contests. Entries will be disqualified if found to be incomplete or
illegible. All entries become the property of Company and will not be receipt acknowledged or
returned. Company’s decisions as to the administration and operation of the Contests and the
selection of potential winners are final and binding in all matters related to the Contests.
Entry must be suitable for broadcast at Sponsor’s sole discretion. By submitting an Entry, entrant
warrants and represents that such Entry is his/her original creation (a modification of an existing
work does not qualify as original), entrant is the sole copyright owner of the Entry, that the Entry
is true and verifiable, that the Entry has not been previously broadcast, submitted to or entered
in any competition or won any awards, and that his/her Entry does not violate any law,
regulation or any right of any third-party, including, without limitation, the publicity, intellectual
property or privacy of any person, living or deceased, or otherwise infringe upon any person’s
personal or proprietary right. If the Entry contains any material or elements that are not owned
by the entrant and/or which are subject to the rights of third parties, the entrant is responsible
for obtaining, prior to submission of the Entry, any and all releases and consents necessary to
permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official
Rules. Sponsor reserves the right to request proof of these permissions in a form acceptable to
Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render
Entry null and void. By submitting an Entry, entrant (or his/her parent/legal guardian if entrant is
an eligible minor) and anyone depicted in the Entry (or their parent/legal guardian if they are
minors) represent that they consent to the submission and use of the Entry in the Sweepstakes
and to its use as otherwise set forth herein. By submitting an Entry, entrant acknowledges and
agrees that Sponsor may obtain many submissions under the contests and that such Entries may
be similar or identical in theme, idea, format or other respects to others submitted under the
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7-Second Activity Challenge Official Rules
contests and/or other contests staged and/or sponsored by the Sponsor, or to other ideas
conceived by or provided to Sponsor and entrant waives any and all claims entrant may have
had, may have, and/or may have in the future, that any Entry and/or other works accepted,
reviewed and/or used by the Sponsor (or their designees) may be similar to his/her Entry. Except
where prohibited by law, each entrant acknowledges and agrees that the Sponsor does not have
now, nor shall it have in the future, any duty or liability, direct or indirect, vicarious, contributory,
or otherwise, with respect to the infringement or protection of any copyright in and to entrant’s
Entry. Entrant (or his/her parent/legal guardian if entrant is an eligible minor) and anyone
depicted in the Entry (or their parent/legal guardian if they are minors) agree that Entry will be
posted on Sponsor’s Website or other Sponsor websites. Winners will be disclosed in winner’s
lists and Released Parties are not liable for any misuse of such winner’s lists by third parties.
Released Parties are not responsible for any unauthorized use of Entries by third parties.
Released Parties do not guarantee the posting of any Entry. Entrants (or his/her parent/legal
guardian if entrant is an eligible minor) and anyone depicted in the Entry (or their parent/legal
guardian if they are minors) agree that they will not use the Entry for any other purpose,
including, without limitation, posting the Entry to any online social networks, without the express
consent of the Sponsor in each instance. Any Entry that does not comply with these requirements,
in the opinion of the judges or the Sponsor, may be disqualified. By submitting an Entry, entrant (or
his/her parent/legal guardian if entrant is an eligible minor) agrees that his/her submission is
gratuitous and made without restriction, and will not place Sponsor under any obligation; that
Sponsor is free to disclose the ideas contained in the Entry on a non-confidential basis to anyone
or otherwise use the ideas without any additional compensation to entrant and/or anyone
depicted in the Entry. Sponsor reserves the right to waive the Contest entry requirements set
forth herein in its reasonable discretion. Sponsor reserves the right, in its reasonable discretion,
during or upon completion of the Entry Period, to request that any entrant resubmit his or her
Entry which fails to comply with the Contest entry requirements.
By submitting or appearing in an Entry, entrant (or his/her parent/legal guardian if entrant is an
eligible minor) and anyone depicted in the Entry (or their parent/legal guardian if they are
minors) hereby grant to Sponsor a royalty free and fully paid up, irrevocable, worldwide
perpetual license to edit, publish, use, adapt, exploit, and modify any Entry (and all elements
embodied therein), including, without limitation the images, names, likenesses of any persons or
locations embodied therein, online, in print, film, television, or in any other media now known or
hereafter devised, without compensation, notification or permission from entrant (or his/her
parent/legal guardian if entrant is an eligible minor), anyone appearing in the entry (or their
parent/legal guardian if they are minors), or any third party and display the Entry on Sponsor’s
website and third party websites and otherwise use the Entry in accordance with these Official
Rules, in any and all media now known or hereafter devised.
3.
RANDOM DRAWING/WINNER SELECTION:
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7-Second Activity Challenge Official Rules
WEEKLY PRIZES: For each Contest Period (7 weeks and 7 weeks respectively), one (1) winner will be drawn
on or about each Friday, between 8:00 am CST and 1:00 pm CST. The drawing will be held from all entries
received during that week entry period and prior submissions do not carry forward for weekly drawings.
Odds of winning a prize depend on the number of eligible entries received. There will be no weekly
drawing the week of the Grand Prize Drawings (March 24, 2017 through March 31, 2017).
Weekly Drawing Dates:
December 23, December 30, January 6, January 13, January 20, January 27, February 3, February
10, February 17, February 24, March 3, March 10, March 17, March 24
GRAND PRIZES: On or about Friday, March 31, 2017, between 8:00 am CST and 1:00 pm CST, the Company
will conduct two Grand Prize Drawings from two separate Grand Prize Pools. The Company will randomly
select four (4) Contest winners from among all eligible entries collectively received during the Contest
Period 1 for the Contest 1 Grand Prizes. The Company will randomly select three (3) Contest winners from
among all eligible entries collectively received during the Contest Period 2 for the Contest 2 Grand Prizes.
Odds of winning a prize depend on the number of eligible entries received.
Winners will be notified via the email address used to create the PE Universe account. Entrants and
Winners must execute and return an affidavit of eligibility, a liability/publicity release, and any other
releases required by Sponsor and where not prohibited by applicable law, within ten (10) days of date of
issuance specified in the notice. Failure to return the documents listed above within the specified time
period, the return of a notification as undeliverable, noncompliance with these Official Rules, or Sponsor’s
inability to contact a Winning Entrant within a reasonable time period may result in forfeiture of Winning
Entry status and another drawing from eligible entries may be held. Winning Schools are responsible for
all federal, state and local taxes and any other costs, expenses and fees associated with prize, if any.
By participating, you agree (a) to be bound by these Official Rules; (b) as between you and the Company,
that the decisions of the Company is final on all matters relating to the Contests; (c) in the event that you
do not comply with these rules, that you will be disqualified and your prize (if any) will be forfeited.
The Company reserves at its sole discretion the right to not award the prize or to determine an alternate
winner or finalist (if applicable) in accordance with the Official Rules in the event that that any winner or
finalist has been disqualified, or is deemed ineligible for any reason, or is not available to participate in
any applicable Contests events.
4.
PRIZE(S):
Contest 1: Seven (7) Weekly Prize Winners and four (4) Grand Prize Winners will be selected.
Contest 2: Seven (7) Weekly Prize Winners and three (3) Grand Prize Winners will be selected.
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7-Second Activity Challenge Official Rules
Weekly Prizes and Grand Prizes are defined below. Only the School for which the Entry is submitted (and
identified during the entry process) is entitled to a prize. The actual entrant (i.e. the eligible person who
submits the Entry) is not entitled to receive a prize. The entrant may designate on behalf of the Winner
what prize is chosen. The prize is subject to certain terms and conditions as specified herein. A prize may
not be sold, traded, or commissioned, and is not exchangeable, transferable, substitutable, or redeemable
for cash except in Company's sole discretion. The Prize is awarded to the entrant’s school or organization
and does not transfer with the entrant in the event that they leave, retire, or are no longer employed by
the school or organization. Prize details and availability are subject to change. The prize(s) that may be
awarded to the eligible winner(s) are:
WEEKLY PRIZE DESCRIPTION: One (1) one-hundred dollar ($100.00) Gopher gift card will be
awarded(ARV $100). Total ARV of weekly prizes for Contest 1 $700. Total ARV of weekly prizes
for Contest 2 $700.
GRAND PRIZE DESCRIPTION: One-thousand dollar ($1,000.00) Gopher gift cards will be
awarded to 4 winners from contest one and 3 winners from contest 2. Total ARV of Grand
prizes for Contest 1 $4000. Total ARV of Grand prizes for Contest 2 $3000.
Total ARV of all Contest 1 prizes $4700.
Total ARV of all Contest 2 prizes $3700.
Each winner is solely responsible for reporting and paying any and all applicable federal, state, and
local taxes, related fees, other costs or expenses related to prize acceptance as provided below.
No transfer, assignment, or substitution of a prize is permitted, except by Sponsor, who reserves
the right to substitute a prize (or portion thereof) for a prize of comparable or greater value, in
Sponsor’s sole discretion. All prize details are in Sponsor’s sole discretion. In no event shall
Sponsor’s prize liability exceed the ARV prize value of the prize. All advertised prizes may not be
awarded if an insufficient number of eligible entries are received.
5.
TAMPERING AND DELIVERY DISCLAIMER. (a) The Company, in its sole discretion, reserves the right to
disqualify and prohibit from participating (and void such person’s entries) any person, who the Company
determines (in its sole discretion) is or is attempting to: (i) tamper with the Contests; (ii) undermine the
legitimate operation of the Contests by cheating, deception, or other unfair playing practices, (iii) or
intending to annoy, abuse, threaten or harass any other entrants, the Company, or the Released Parties or
exhibits other unsportsmanlike behavior; and/or (iv) otherwise violate these Official Rules. (b)
UNDERMINING THE LEGITIMATE OPERATION OF THE CONTESTS MAY BE A VIOLATION OF CRIMINAL AND
CIVIL LAWS. SHOULD ANY SUCH ATTEMPT BE MADE, THE COMPANY AND ITS LICENSEES (IF ANY) RESERVE
THE RIGHT TO SEEK DAMAGES AND ANY OTHER AVAILABLE REMEDIES FROM ANY SUCH PERSON(S)
RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. EACH ENTRANT (OR,
IF THE ENTRANT IS NOT OF AGE OF MAJORITY IN HIS/HER STATE OF RESIDENCE, THE LEGAL GUARDIANS
THEREOF) AGREES TO INDEMNIFY AND HOLD HARMLESS THE COMPANY AND ITS AGENTS FROM AND
AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES AND/OR LIABILITIES (INCLUDING REASONABLE
ATTORNEYS' FEES AND EXPENSES) THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY OF THEM AT
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7-Second Activity Challenge Official Rules
ANY TIME, IN CONNECTION WITH THE USE THEREOF, AND/OR BY ENTRANT’S BREACHES OF ANY
REPRESENTATION, WARRANTY OR COVENANTS ASSOCIATED WITH THE CONTESTS.
The Company further reserves the right to: (i) cancel, terminate, suspend, declare null or void, amend, alter,
or modify the Contests, void any suspicious entries, rescind any prize, and/or determine absolute
resolution, and/or an alternate method of conducting the Contests and/or awarding the prize at any time,
for any reason, or if, in the sole discretion of the Company, it is impossible or impractical to complete or
conduct the Contests as planned for any reason, or any other causes which effect the operation of the
Contests or the rules of the integrity of the Contests have been violated or compromised in any way,
intentionally or unintentionally by any person whether or not a entrant in the Contests and/or (ii) stop or
conclude the Contests at any time without prior notice. In the event of termination of the Contests by
Company, Company reserves the right to award any prize(s) in a manner deemed fair and equitable by
Company
6.
PUBLICITY; USE OF PERSONAL INFORMATION. By participating, where allowed by law, all entrants and
winner(s) grant the Company permission to use their names, characters, photographs, voices, and
likenesses world-wide, in perpetuity, in any and all media now known or hereinafter invented in any and all
marketing and promotional materials and waive any claims to royalty, right, or remuneration for such use.
Winner(s) further agrees that his/her name may be included in a publicly available winners’ list.
7.
RELEASES, CONDITIONS, AND LIMITIONS OF LIABIILTY. By participating in the Contests, each entrant and
Winner agrees (and agrees to confirm in writing) to release and waive any and all claims of liability against
Gopher Sport , The Prophet Corporation, and their respective parents, affiliates, subsidiaries, retailers,
distributors, suppliers, advertising and promotional agencies, and any other individuals engaged in any way
in the development, production, printing, distribution or execution of the contests, and the respective
directors, officers, agents and employees of the foregoing (collectively, the “Released Parties”) from and
against from any and all liability, loss or damage (including personal injury) incurred with respect to the
conduct of or participation in the Contests, or the awarding, receipt, possession, and/or use or misuse of
any prize. By accepting the prize, entrants and winner(s) hereby agrees that: (i) to release the Company
from any and all claims in connection with the Contests and the award or use of the prizes; and (ii) provide
consent to use the entrant’s and winner’s name/likeness as set forth in Section 5 prior to acceptance of the
prize. Released Parties do not assume any responsibility and the entrant releases the Released Parties from
any and all claims, actions, damages, demands and liabilities of whatever nature or kind arising out of, or in
connection with the entrant’s participation or attempted participation in the Contests or prize, including,
without limitation, the administration of the Contests, the selection and confirmation of winners, and the
arranging, awarding and use of the prize. Without limiting the generality of the foregoing, the Released
Parties are not responsible for (i) the incorrect or inaccurate capture of entry information; (ii) late, lost,
stolen, contain false information, damaged, misdirected, garbled or incomplete entries, transmissions or
transactions, those that are altered or otherwise irregular, have been submitted through illicit means or do
not conform with or satisfy any or all of the conditions of the Official Rules; (iii) any loss, damage, or claims
caused by, or in any way related to the awarded prize or the Contests itself; (iv) failure of the website or
any operations or transmission of information during the Contests Period, including, without limitation, any
problems, human or technical, errors, lost, delayed, garbled or corrupted data or transmissions, omissions,
interruptions, deletions, defects or failures of any telephone or transmission lines, technical malfunctions
of any computer on-line systems, servers, access providers, computer equipment, software, failure of any
e-mail or entry to be received on account of technical problems or traffic congestion on the Internet or at
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7-Second Activity Challenge Official Rules
any website, or any combination thereof including, without limitation, any injury or damage to an entrant’s
or any other person's computer related to or resulting from participating in or downloading any material
connected to the Contests, all of which may affect a person’s ability to participate in the Contests; (v) any
errors, omissions, incorrect or inaccurate information in any Contest-related materials, including, without
limitation, printing or advertising errors or the failure of or problems with any equipment or programming
associated with or used in the Contests howsoever caused; (vi) the security or privacy of information
transmitted via computer networks or for breaches of privacy due to interference by third party computer
"hackers" or otherwise; (vii) any claims regarding the accepting, arranging, awarding or use of the Prize; or
(viii) electronic communications which are undeliverable as a result of any form of active or passive filtering
of any kind.
Entry material/data that has been tampered with or altered is void.
8.
CONDUCT AND DECISIONS. All decisions of the Company will be final and binding on all matters relating to
the contests. Persons who violate any rule, gain unfair advantage in participating in the Contests, or obtain
winner status using fraudulent means will be disqualified. The Company will interpret these rules and
resolve any disputes, conflicting claims or ambiguities concerning the rules or the Contests and the
Company’s decisions concerning such disputes shall be final. Any reference in these Official Rules or as part
of the Contests to the Company’s "discretion" and/or any exercise of discretion by the Company shall mean
in Company’s "sole and unfettered discretion." The Company further reserves the right to: (i) terminate or
declare any Contests null and void and rescind any prize, if in its sole judgment, the rules or the integrity of
the Contests have been violated or compromised in any way, intentionally or unintentionally by any person
whether or not an entrant in the Contests; (ii) alter or amend these Contest rules at any time; and/or (iii)
stop or conclude the Contests at any time without prior notice. Material changes to the Contest rules will
be posted at the contest website. The Company’s failure to enforce any term of these Official Rules shall
not constitute a waiver of this provision. If due to circumstances beyond the control of the Company, any
segment of the Contests is delayed, rescheduled, postponed or cancelled, the Company reserves the right,
but not the obligation, to modify, suspend or cancel the Contests and shall not be required to award a
substitute
prize.
9.
MISCELLANEOUS. Company reserves the right to determine eligibility should special circumstances arise,
all decisions are considered final and binding. These rules are designed to be fair and equal to all
entrants. The Company disclaims any responsibility to notify entrants of any aspect related to the conduct
of the Contests. For a copy of the rules, please contact us at 1-800-553-0446. As a condition of participating
in the Contests, entrants agree (and agree to confirm in writing) that: (a) under no circumstances will
entrant be permitted to obtain costs, judgments, or awards for, and entrant hereby knowingly and expressly
waives all rights to claim or seek punitive, incidental, consequential, special, or any other damages, other
than for actual, third-party out-of-pocket expenses, and in such limitation, entrant further waives any rights
to have damages multiplied or otherwise increased; (b) any and all disputes, claims, or causes of action
arising out of or connected with the contests, or any prize awarded, shall be resolved individually, through
binding arbitration as set forth herein, without resort to any form of class action; and (c) any and all claims,
judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys'
fees and court costs. Some jurisdictions do not allow the limitations or exclusion of liability, so the above
may not apply to every entrant. Participation in the Contests constitutes entrant’s full and unconditional
agreement to, and acceptance of these Official Rules. Winning a prize is contingent upon entrant’s
fulfillment
of
all
requirements
set
forth
herein.
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7-Second Activity Challenge Official Rules
10. COMPLIANCE WITH LAW AND GOVERNING LAW. The conduct of the Contests, and its Terms and Official
Rules, are governed by the applicable laws of the United States of America, which take precedence over
any rule to the contrary herein. The Company shall follow the applicable laws of Minnesota for conducting
Contests, furnishing lists of winners, as required by applicable local and state law. All issues and questions
concerning the construction, validity, interpretation and enforceability of the Contest Official Rules, or the
rights and obligations of entrant and Company in connection with the Contests, shall be governed by, and
construed in accordance with, the laws of the State of Minnesota, U.S.A., without giving effect to the conflict
of laws rules thereof. Any controversy or claim arising out of or relating to the Contests shall be resolved
individually, without resort to any form of class action, by binding arbitration through the American
Arbitration Association in a location determined by the arbitrator in Minnesota as set forth herein, or at
such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules
of the American Arbitration Association then prevailing, and judgment upon the award rendered by the
arbitrator(s) may be entered in any court having jurisdiction thereof. If any part of this arbitration provision
is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or
representative basis), then the balance of this arbitration provision shall remain in effect and shall be
construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were
not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims
will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall
be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. THE
ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL
CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR
PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THE CONTESTS IF YOU DO NOT AGREE TO
HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. Any and
all disputes, claims, and causes of action arising out of or connected with the contests or any prizes awarded
that are not subject to arbitration above shall be resolved individually, without resort to any form of class
action, and exclusively by the United States District Court for the District of Minnesota or the appropriate
Minnesota
State
Court
located
in
Hennepin
County,
Minnesota.
11. PRIVACY: Information collected from entrant is subject to Sponsor's Privacy Policy
(http://www.gophersport.com/help/privacy-policy). By entering the Contests, Entrants (or their
parent/legal guardian if entrant is an eligible minor) agree to the terms of the Privacy Policy set forth herein
and
consent
to
receiving
emails
related
to
the
contests.
12. WINNERS LIST: For the names of prize winners/schools (available after April 1, 2017), send a self-addressed,
stamped, business size (#10) envelop by June 1, 2017 to 7-Second Activity Challenge by Gopher, 2525
Lemond Street SW, PO Box 998, Owatonna, MN 55060. Winners list will be sent after winners have been verified.
13. SPONSOR: The Prophet Corporation DBA Gopher Sport, 2525 Lemond St SW, Owatonna, MN 55060, 800533-0446
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