Welcome to the #ChampionshipMindset Contest (the “Contest”), sponsored by Sooner Sports Properties (“Sponsor”). PLEASE READ THESE CONTEST RULES CAREFULLY BEFORE USING ENTERING INTO THE CONTEST.
THERE IS NO PURCHASE OR PAYMENT NECESSARY IN ORDER TO ENTER OR WIN THE CONTEST. ANY PURCHASE OR PAYMENT OF ANY KIND THAT YOU MAKE WILL NOT INCREASE YOUR CHANCES OF WINNING. THE CONTEST IS SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS, AND IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
This Contest is powered by Wit Labs, Inc. (“Wit”) on behalf of Sponsor, and is accessible via the Wit application or website at witcontests.com, through a mobile device, mobile application, or computer (collectively, the “Platform”). For the avoidance of doubt, Wit provides the Platform for the Contest, but is not the sponsor for the Contest. Likewise, Apple Inc. is not a sponsor of, or otherwise affiliated with, any contests available via the Wit Platform.
As a legal requirement for participating in this Contest either as a contestant (“Contestant”), or as an observer that votes for Contestants to determine the outcome of the Contest (“Voter”), you (“You” or “Participant”) hereby agree to be bound by these Contest Rules (the “Rules”) which form a legal contract by and between You and Sponsor. If You do not agree and consent to these Rules, please do not enter the Contest, vote in the Contest, or use the Platform. To participate in the Contest, You must also create a Wit account as governed by the Wit Terms of Use. By creating and using a Wit account, You are further required to read and agree to the Wit Terms of Use.
1. CONTEST.
1.1. Contest Description. If a Contestant, Participant agrees to perform to prepare and submit certain video, information, documents, audio or other materials (“Content”) for evaluation in accordance with the Contest Rules as described herein. If a Voter, Participant agrees to view and evaluate the Content of Contestants, and to cast one or more votes for the Contestant(s) that Participant judges has the best Content. The goal of this Contest is for Creators to produce video Content cheering on the Oklahoma Sooners. Prizes will be awarded to both Creators and Voters for this contest, and will be publicly displayed on the Contest Landing Page.
1.2. Contest Period. Contest Start Date: 05/13/2021 8:00 PM EDT. Contest End Date: 06/10/2021 6:00PM EDT The Contest will begin on the above Start Date, and will last through the above End Date (“Contest Period”).
1.3. Rules. By participating in the Contest, Participant unconditionally accepts and agrees to comply with and abide by these Rules, and agrees that the decisions of Sponsor with respect to the Contest and any prize awards shall be final and binding in all respects.
1.4. Contest Administration. Wit, on behalf of Sponsor, performs the collection, submission or processing of Contestant entry forms for the Contest (“Entries”), all Voter submissions (“Votes”), as well as the overall administration of the Contest. Participant may contact Wit with any questions, comments or problems related to administration of the Contest. Wit may be reached by email at [email protected] during the Contest Period.
2. ELIGIBILITY.
2.1. Non-eligible Entities. Sponsor, and its parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies; and each of their respective officers, directors, employees, consultants and contractors (the "Sponsor Entities"), are ineligible to enter or vote on the Contest or win any related prize. "Household Members" means those people who share the same residence as any Sponsor Entity for at least three (3) months during a given year. "Immediate Family Members" means parents, step-parents, legal guardians, children, step-children, siblings, step-siblings or spouses of any Sponsor Entity. Household Members and Immediate Family Members of any Sponsor Entities are also not eligible to enter, vote on or win the Contest.
2.2. Minor Participants. This Contest is subject to, and we comply with, all applicable laws relating to the collection of information from minors including the GDPR, CCPA, USA Children's Online Privacy Protection Act (“COPPA”) and associated Federal Trade Commission (“FTC”) rules. Persons under the age of 18 are not eligible to participate in this Contest without consent of a parent or guardian, and persons under the age of 13 are not eligible to participate in this Contest under any circumstances. We will immediately reject and delete any Entry or Vote received from a person under the age of 18 without consent of a parent or guardian. Participants are required to provide truthful information, and we will reject and delete any Entry or Vote that we discover to be false or fraudulent.
3. PRIZES.
3.1. EXAMPLE: Grand Prize: A predetermined number of unique Contestant winners (typically 5-10) will receive predetermined prizes or promotional offers, based on the Sponsor payout structure for the Contest. The Prizes for this Sweepstakes include one (1) autographed jersey and twelve (12) autographed softballs.
3.2. Voters who correctly vote for any of the top three (3) Contestant videos may also be awarded a prize, depending on the features of the Contest as described in Section 1.1, above. The structure of Voter prizes is subject to change for any Contest, and will be announced within the Wit app or on the website.
3.3. Prizes cannot be transferred, redeemed for cash or substituted by a Contestant or Voter winner. Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater estimated value if a prize described in these Rules is unavailable or cannot be awarded, in whole or in part, for any reason. The estimated value of the prize represents Sponsor's good faith determination. That determination is final and binding, and cannot be appealed. If the actual value of the prize turns out to be less than the estimated value, the difference will not be awarded in cash. Sponsor makes no representation or warranty concerning the appearance, safety or performance of any prize awarded. Sponsor will not replace any lost or stolen prize items.
4. HOW TO ENTER. Contestants may enter the Contest during the Contest Period online by visiting the Wit website and doing the following:
4.1 Upload your video Content to the Wit website at https://brands.witcontests.com/oklahoma/contest/championshipmindset (specified “Contest Landing Page”), and wait for it to be approved. Your video Content must be on topic for the Contest challenge, and Sponsor has full discretion in determining whether or not that holds true for your video Content.
4.2. Share with your friends and post on other social media platforms to get as many votes as you can.
4.3. The Contestants with the most Votes by the end of the Contest Period will win prizes, as described above.
4.4. Voters may visit the Contest Landing Page to view Contestants’ Content and vote for the best Content. Voters who correctly vote for any of the top three (3) Contestant videos may also be awarded a prize.
4.5. Contestant videos with any watermark from other platforms/apps, or uploaded outside the challenge time will be disqualified. Any Contestant or Voter attempting to cheat in the Contest competition will be disqualified.
4.6. ONLY ORIGINAL CONTENT IS ELIGIBLE TO WIN THE CONTEST. Each Contestant must be the original creator of his/her submitted video Content, and Sponsor reserves the right to validate originality.
4.7. All Contestant video Content must be first posted on the Wit Platform. Any video Content that has been previously posted on any other platforms/apps prior to being posted on the Wit Platform may be disqualified.
4.8. Contestant and Voter winners will be announced at the end of the Contest Period.
5. No Automated Entries. All automated or robotic Entries or Votes submitted by individuals or organizations will be disqualified. All Entries by Contestants and Votes by Voters must be made manually by such Participants. Any attempt by a Participant to submit multiple Entries or Votes by using multiple/different email addresses, phone numbers, identities, registrations, logins or any other methods will void such Contestant's Entries or Voter’s Vote and that Participant may be disqualified. Final eligibility for the award of any prize is subject to the eligibility verification of these Rules. All Entries and Votes must be posted by the end of the Contest Period in order to participate. Wit’s database clock will be the official timekeeper for this Contest.
6. Winner Notification. The Contest winner(s) will be notified by push notification or e-mail at the end of the Contest Period. For Contests that include cash prizes, the potential winners must cash out their prizes as directed by Wit within 14 days of notification. Sponsor and/or Wit are not responsible for any delay or failure to receive notification for any reason, including inactive account(s), technical difficulties associated therewith, or a Participant’s failure to adequately monitor the Wit app or website. Any winner notification not responded to by the Participant, or returned as undeliverable may result in prize forfeiture. The potential prize winner may be required to sign and return an affidavit of eligibility and release of liability, and a Publicity Release (collectively "the Prize Claim Documents"). No substitution or transfer of a prize is permitted except by Sponsor.
7. Intellectual Property Ownership. Participant hereby acknowledges and agrees that all Content submitted by Participant hereunder shall be deemed a ‘work made for hire’, as defined in the United States Copyright Act. Participant agrees that Sponsor shall be the exclusive owner of such Content and all rights therein. Sponsor’s ownership includes without limitation the rights to: i) exhibit, broadcast, use, reproduce, distribute, perform and license others to use all or any part of the Content; ii) edit or modify the Content in any manner, or combine same with any other materials; and iii) use and license third parties to use the Content and/or any portion thereof in any manner of exploitation.
8. Privacy. Participant hereby waives any claims that Participant may have or acquire against the Sponsor for libel, slander, invasion of privacy, copyright or trademark violation, moral rights, right of publicity, rights of privacy, or false light arising out of or in connection with the Sponsor’s or anyone else’s use of the Content. Participant agrees that this waiver of privacy rights and constitutes a valid consent to uses of any Personally Identifiable Information ("PII") as may be required under applicable data protection laws. Any PII that you provide in participating in the Contest is subject to the privacy policies of the Sponsor and Wit. Please review the Sponsor privacy policy at https://sidearmsports.com/privacypolicy, in the Wit privacy policy at Wit Privacy Policy. By entering the Contest, you grant Sponsor and Wit permission to share your email address and any other personally identifiable information with the other Contest partners for the purpose of administration and prize fulfillment, including use in a publicly available winners list. Participant hereby grants to Sponsor the non-exclusive, worldwide, perpetual, assignable, sublicensable and irrevocable right to include Participant’s name, title, image, likeness, movements, voice, conversations, sounds and performances in connection with any use or publication of the Content by Sponsor.
9. Warranties. If Participant is a Contestant, Participant represents and warrants to Sponsor that: i) Participant has all the eligibility, rights and authority as required to enter into the Contest, and to grant the rights granted herein; ii) the Content does not infringe the rights of any third-party person or entity; and iii) no consent of any third-party person or entity is required for submission or release of the Content.
10. Indemnification. Participant (the “Indemnifying Party”) shall indemnify Sponsor, Wit and their affiliates, owners, officers, directors, shareholders, agents and employees (the “Indemnified Party”) from and against any and all losses, costs, damages, injuries, awards, judgments and liabilities, including but not limited to legal and professional fees, costs, and expenses (“Losses”), incurred by the Indemnified Party as a result of any claim, suit, proceeding or cause of action asserted against the Indemnified Party by a third party (“Claim”) and shall defend the Indemnified Party against any such Claims arising from: i) any copyright, patent and/or trademark infringement, unlawful disclosure or use or misappropriation of a trade secret or other intellectual property right owing to the Indemnified Party's use of the Content submitted by such Indemnifying Party; or ii) any material breach of these Rules by the Indemnifying Party.
11. Limitation Of Liability. IN NO EVENT SHALL SPONSOR OR WIT BE LIABLE TO PARTICIPANT FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF THIS AGREEMENT, EVEN IF SPONSOR OR WIT HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Sponsor and Wit further assume no responsibility or liability for:
11.1. any incorrect or inaccurate Entry information, or for any faulty or failed electronic data transmissions;
11.2. any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Contest;
11.3. any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, camera, computers or providers utilized in any aspect of the operation of the Contest;
11.4. inaccessibility or unavailability of any network or wireless service, the Internet or website or any combination thereof;
11.5. suspended or discontinued Internet, wireless or landline phone service; or
11.6. any injury or damage to Participant’s or any other person’s computer or mobile device while participating in the Contest or downloading of any materials in the Contest.
12. DISCLAIMER. If, for any reason, the Contest is not capable of running as planned for reasons which may include without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest in whole or in part. In such event, Sponsor shall immediately suspend all drawings and prize awards, and Sponsor reserves the right to award any remaining prizes (up to the total estimated value as set forth in these Rules) in a manner deemed fair and equitable by Sponsor. Sponsor and Wit shall not have any liability to any Participant in connection with a canceled Contest.
13. These Rules shall be governed by the laws of the State of Oklahoma, and the parties agree to personal jurisdiction and convenient forum therein. If any provision of these Rules are deemed unenforceable, such provision shall be severable and deemed null and void, and the remainder of the Rules shall remain in full force and effect. The failure of either party to insist upon the performance of any provision herein will not be construed as a waiver of such provision.
14. CONTACT. Sponsor: [email protected]. Wit: [email protected]