College GameDay Virtual Fan Sweepstakes
OFFICIAL RULES AND REGULATIONS & APPEARANCE CONSENT AND RELEASE
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE.
A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
2. ELIGIBILITY: The Sweepstakes is open to all legal residents of the United States ages 18 years and over as of the date of Entry, unless prohibited in their state of residency. The following are not eligible for the Sweepstakes: (i) employees and agents of Sponsor, its parent, subsidiary and affiliated companies, and each of their respective advertising/promotion agencies, officers, members; and (ii) the "immediate family members" and/or "household members" of any of the persons set forth in (i) above. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings or spouses. "Household members" shall mean people who share the same residence at least three (3) months a year. Void in all U.S. Territories (e.g., Puerto Rico and Guam) and wherever prohibited by law. Sweepstakes is governed by U.S. law and subject to all applicable federal, state and local laws and regulations. By entering the Sweepstakes, entrants agree to accept and be bound by all terms of these Official Rules and Regulations & Appearance and Consent Release (the "Official Rules") and grant the permissions granted herein. The decisions of the Sponsor regarding all matters relating to the Sweepstakes are final and binding.
3. PRIZE: Each week during the Entry Period, Sponsor will select up to five hundred (500) winners ("Winners") to potentially appear on Sponsor's College GameDay telecast (the "Show") that week (i.e., Saturday) 'virtually' via the audiovisual feed sent by the camera and microphone on Winner's computer, phone, tablet or other device (the "Prize"). Each Show will discuss, among other topics, two (2) "marquee" college football games occurring that week, as determined by Sponsor in each instance. The two (2) teams participating in each of the two (2) marquee matchups that week are that week's four (4) "Marquee Teams." Approximate retail value of the Prize is $1,000.00. All state, federal, and local taxes or other expenses not specified herein are the sole responsibility of the Winner. No prize substitutions or cash redemption will be made except in Sponsor's sole discretion.
4. SELECTION OF WINNERS: Sponsor will select the weekly Winners via two (2) separate random drawings from all eligible Entries received cumulatively via the Entry Site as of the time Sponsor conducts the first drawing that week.
- First Weekly Random Drawing. Sponsor will select up to fifty (50) Winners randomly in the first weekly random drawing from among eligible Entries whose Favorite Team matches any one of that week's four (4) Marquee Teams (up to 200 total Winners).
- Second Weekly Random Drawing. Sponsor will then select up to three hundred (300) Winners randomly in the second weekly random drawing from among all other eligible Entries whose Favorite Team is not one of that week's four (4) Marquee Teams.
- If in any week there are not enough Entries to select two hundred (200) Winners in the first weekly random drawing, Sponsor will increase the number of Winners selected in the second weekly random drawing by the number equal to the difference between two hundred (200) and the number of Winners selected in the first weekly random drawing that week. If in any week there are not enough Entries to select three hundred (300) Winners in the second weekly random drawing, Sponsor will select a number of Winners, determined by Sponsor in its sole discretion, from all remaining eligible Entries in the second weekly random drawing. For the avoidance of doubt, Sponsor reserves the right to select fewer than five hundred (500) Winners during each week. Sponsor will choose the Winners randomly each week on or by each Tuesday during the Entry Period at approximately 8:00 p.m. Eastern Time. Sponsor will notify the Winners via email sent to the email address provided by the Winner in their Entry (the "Selection Email"). The Selection Email will notify the Winner that they have been selected to potentially appear on that week's Show, will include the Show's logistical information pertinent to Winner and a hyperlink personal to the Winner that directs the Winner to the Show's online virtual entry portal (the "Show Link").
- Failure to timely participate in the Show as set forth below, and/or the unavailability of Winner(s) to be reached after a reasonable (as determined solely by Sponsor) effort has been made, may constitute forfeiture of being a Winner, at Sponsor's sole discretion, and a new Winner may be selected from the remaining eligible Entries. In addition, if a Winner is selected and subsequently becomes unavailable to receive the Prize, he/she will be disqualified at Sponsor's sole discretion, and a new Winner may be selected from the remaining eligible Entries; provided, however, that any eligible Winner who fails to claim their Prize, may be reentered in a subsequent random drawing subject to the terms of these Official Rules. Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements mentioned in these Official Rules.
- Odds of Winning. Odds of winning depend upon the number of eligible Entries received.
5. WINNERS' PARTICIPATION IN THE SHOW: After being selected and in order to virtually appear in the Show, the Winner will need to click on the Show Link contained in the Selection Email according to the instructions in the Selection Email in order to navigate to Sponsor's online virtual entry portal for the Show (the "Show Portal"). The Show Link is unique and personal to each Winner and can only be used one-time, per Winner email, on one Device (defined below) to log into the Show Portal. Non-Winners are prohibited from using a Winner's Show Link in any manner. When Winners navigate to the Show Portal they will be prompted to enter their first name, city, state and Favorite Team. The foregoing information will be displayed to viewers of the Show if/when the Winner appears on the Show. Sponsor will then prompt each Winner for permission to access the Winner's camera and microphone on their Device so that Sponsor can integrate the audiovisual feed from the Winner's Device into the Show. If a Winner does not consent to the forgoing permission, they will be logged out of the Show Portal and they will not be able to participate in the Show. Once a Winner consents to the camera and microphone permission Sponsor will enter the Winner into the Show's virtual moderation queue where the Winner must view Sponsor's welcome message. Sponsor's Show staff will then interact with Winners in the virtual moderation queue in order to reiterate Sponsor's rules for participation in the Show (detailed below) and confirm that Sponsor can hear and see each Winner. Following such confirmation, Sponsor will redirect the Winner from the virtual moderation queue to the Show's virtual live environment in which the Winner's audiovisual feed will be securely sent to Sponsor's server for potential integration into the Show and from which the Winner will be able to watch the Show live on their Device (the "Live Environment"). Once each Winner is redirected to the Live Environment, they will be queued to be rotated through Sponsor's virtual fan wall showing various Winners' audiovisual feeds in a mosaic arrangement (the "Virtual Fan Wall"). At Sponsor's discretion, Winners will be able to participate in live or pre-recorded Show segments, interact with Show talent and/or cheer for their Favorite Team. Sponsor will feature, at most, approximately 40 Winners in the Virtual Fan Wall at a given time. Winners will not be able to interact with each other. Winners may log out of the Show Portal, moderation queue or Live Environment (subject to the Show Link capabilities on 'reentry' noted above) or discontinue access to their camera and microphone at any time. Upon conclusion of the Show or Winner's departure from the Show, Sponsor will log Winners out of the Live Environment and Show Portal and terminate access to Winners' camera and microphone. At that time the Winners will be redirected to a separate landing page indicating that the Show has concluded and Sponsor's access to the device has terminated. If at any time a Winner does not comply with the Sweepstakes Official Rules or the Show Rules (defined below), Sponsor will immediately log such individual out of the moderation queue, Show Portal and Live Environment and terminate Sponsor's access to such individual's camera and microphone. Each Winner acknowledges and agrees that Sponsor does not guarantee that any Winner will appear in the Show or experience any level of interaction with or participation in the Show.
6. RULES FOR SHOW PARTICIPATION: The Show is a first class, live or near-live television production directed at general audiences. Sponsor requires that all individuals appearing in or potentially appearing in the Show conduct themselves at all times in a commensurate manner and with the utmost level of respect, courtesy and politeness. At all times during each Winner's virtual presence in the Show Portal, moderation queue and Live Environment each Winner must comply with the following Show rules ("Show Rules"):
- The content of Winner's audiovisual feed must not contain any material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights (e.g., copyright, trademark, music, etc.);
- The Winner must have and grant Sponsor the permission required herein of any Participant(s) (defined below) appearing in the Winner's audiovisual feed;
- The Winner and any Participant(s) appearing in the Winner's audiovisual feed must not, in any manner, disparage ESPN, the NCAA, its member conferences or institutions, the Show's sponsors or any other person or entity, or use foul, indecent, inappropriate or profane language or behavior;
- The contents of Winner's audiovisual feed must not in any way, either visibly or otherwise, contain any brand names or trademarks (including, but is not limited to, brand names or logos on products, clothing, etc.) other than those of the institution/team in which they are rooting for;
- The contents of Winner's audiovisual feed must not include personally-identifiable information;
- The Winner's audiovisual feed must not contain any content or material that is inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous or libelous;
- The Winner's audiovisual feed must not contain any material or references to any tobacco, vaping, e-cigarettes, alcohol or drugs;
- The Winner's audiovisual feed must not contain any solicitations, call to actions or promotions of any kind (e.g., website addresses, virtual payment processing handles, etc.);
- The Winner's audiovisual feed must not contain any material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination against any group or individual; and
- The contents of Winner's audiovisual feed must not contain any material that is unlawful, in violation of, or contrary to the laws or regulations in any jurisdiction where the video is created, or is religious or political in nature.
7. AFFIDAVIT OF ELIGIBILITY AND LIABILITY RELEASE: As a condition of receiving a prize, potential winners may, in addition to the release and consent form contained in the Official Rules, which is a condition of entrant's Entry in the Sweepstakes, be required to complete, sign and return an Affidavit of Eligibility and a Liability Release within fifteen (15) days of the date state d on the prize notice.
8. INDEMNITY: By participating in this Sweepstakes or receiving a Prize, entrants (and in particular, Winner(s)) agree to release and to indemnify and hold harmless Sponsor, Facebook, Instagram and Twitter and their respective parent(s), subsidiaries, other related entities, and each of the respective officers, directors, members, shareholders, assigns, members, successors, employees and agents of each of the foregoing (collectively, the "Released Parties") for any liability, injury, death, loss, costs or damages to entrant or any person or entity, including without limitation damage to intellectual, personal or real property, caused in whole or in part, directly or indirectly, by (a) participation in this Sweepstakes (and/or related activities) (including, but not limited to, Participants' (defined below) failure to follow the Official Rules), (b) the acceptance, possession or use/misuse of a Prize, (c) the falsehood of any of the representations or warranties any Participant has made herein, (d) Participants' provision of and/or ESPN's Distribution, storage, retention and destruction of the Content.
9. LIMITATIONS OF LIABILITY: The Released Parties are not responsible for and each entrant (particularly, Winner(s)) hereby release the Release Parties from any liability, injury, death, loss, costs or damages to entrant or any person or entity arising out of or relating to: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment, hardware, software or programming associated or used with the Sweepstakes; (2) technical errors, defects, delays or failures of any kind, including without limitation malfunctions, interruptions or disconnections in communications lines, Internet or website access, hardware or software; (3) digital or electronic disruptions, e.g., viruses or other security breaches; (4) unauthorized human intervention, e.g., hacking; (5) technical or human error which may occur in connection with any aspect of the Sweepstakes; (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes, access to, copying or downloading materials from a Facebook, Twitter, Instagram or any other website, or receipt or use of any prize.
10. PRIVACY AND PUBLICITY & APPEARANCE CONSENT AND RELEASE:
- All personally identifiable information submitted by entrants in the Sweepstakes will be used to administer the Sweepstakes, select prize winners and fulfill prizes and will be treated according to the Privacy Policies available at www.disneyprivacycenter.com. By submitting an Entry, entrant hereby grants permission for the information contained in the Entry, including the entrant's Facebook, Twitter or Instagram username or handle, to be posted in the Show, on the Sponsor's website or other website for public view.
- Each Winner, on behalf of themselves and any other individual who is physically present with the Winner at any time in the Show Portal, moderation queue or Live Environment (e.g., a member of registrant's household seated next to Winner during the Show) (all, collectively, "Participant(s)") hereby grants Sponsor permission to tape, take, collect and receive: (a) audiovisual footage of each Participant ("Video(s)") that is captured by the microphone and/or camera on Participants' computer, phone, tablet, webcam or other device ("Device(s)") upon Participants' entry into and during Participants' presence in Show Portal, moderation queue or Live Environment after Participants have clicked on the Show Link and given Sponsor permission to access the Devices for the foregoing purposes, and (b) any data provided by Participants (e.g., name, city/state location, favorite team) at any time in connection with the Sweepstakes ("Data", together with the Videos, "Content").
- Each Participant hereby waives their rights of privacy and publicity with regard to the Content and their participation in the Sweepstakes and Show and irrevocably grants Sponsor, its parent, subsidiary and affiliated companies, its/their contractors and agents and those acting under their permission or authority (collectively, "ESPN") permission to reproduce, use, transmit, distribute, prepare derivative works of, perform, license and display ("Distribute" or "Distribution") the Content, and its/their constituent elements, in all means and media now known or hereafter developed, for any and all purposes, throughout the universe, in perpetuity. The foregoing permission includes, but is not limited to, ESPN's ability to Distribute the name, image, voice and likeness of all Participants appearing in the Video(s) as well as the Data (as provided to ESPN by Participants), including for advertising, promotion, trade, television programming or any other lawful purpose whatsoever, INCLUDING AS AN ENDORSEMENT, IMPLIED OR EXPLICIT, OF "COLLEGE GAMEDAY" AND CONTENT RELATED THERETO, BUT NOT ANY OTHER PRODUCT OR SERVICE. Each Participant hereby waives any right they have to inspect or approve any finished product, ESPN's Distribution of the Content or any advertising copy that may be used in connection therewith or the use to which it is applied. Each Participant hereby assigns all right, title and interest Participant may have in or to any videotape, negative and prints made in connection with the above to Productions, along with full rights of assignability.
- Each Participant acknowledges and agrees that: (a) the Participant (even Winners) may not appear in the Show, (b) in order to enter the moderation queue from the Show Portal, the Participant is required to consent to the camera and microphone on the Participant's Device being active during the Participant's participation in the Initiative's moderation queue and live environment, and (c) Participants are not being compensated for their appearance and/or this consent and release and that the opportunity to participate in the Sweepstakes and potentially appear in the Show constitutes sufficient consideration for Participants' agreement to this release and grant of the permissions contained herein.
11. ADDITIONAL DISCLAIMERS: If the Sweepstakes is not capable of running as planned for any reason, including, without limitation, cancellation, postponement, or delay of a "marquee" matchup, the Show, or the college football season (in whole or in part), or because of a printing error, human error, unauthorized intervention, fraud, technical failure or other cause which corrupt or threaten to corrupt or adversely affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes, including awarding the Prizes from among eligible entries received prior to the time of the cancellation, modification or suspension. All entrants, as a condition of entry, agree to abide by and be bound by these Official Rules, the Show Rules and the decisions of Sponsor. Failure to comply with these Official Rules and/or the Show Rules may result in disqualification from this Sweepstakes and/or removal from the moderation queue and/or Live Environment. Sponsor reserves the right to permanently disqualify any person it believes has violated these Official Rules and/or the Show Rules. Entrants (particularly Winners) further agree to not knowingly damage or cause interruption of the Sweepstakes. Any person who supplies false information, obtains entries by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize will forfeit any prize won and may be prosecuted to the full extent of the law.
12. DISPUTES: Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for or the appropriate State court located in the State of New York, (b) all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes but in no event attorneys' fees, and (c) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives (on behalf of themselves and all Participants) all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with the Sweepstakes, shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
13. OFFICIAL RULES/WINNERS LIST: For a copy of the Official Rules and/or list of winners, mail a self-addressed stamped envelope (residents of VT may omit return postage) to ESPN Productions, Inc., Attn: College GameDay Virtual Fan Sweepstakes - Winners, ESPN Plaza, Bristol, CT 06010. Requests must be received within thirty (30) days following the end of the Entry Period.
14. SPONSOR: ESPN Productions, Inc., ESPN Plaza, Bristol, CT 06010 ("Sponsor").
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram and/or Twitter.