The Legendary Shots and Waverunner Ball Summer Contest Official Rules
1. Eligibility: The Legendary Shots and Waverunner Ball Summer 2019 Contest (the “Contest”) is open only to legal residents of the fifty (50) United States who are 18 -24 years of age at time of entry. All Participant winners and guests of winners must be 18 years of age or older as of the date of entry to participate.
2. Sponsor: Flash Sales Inc. 4401 Northwest 167th Street, Miami Gardens, Florida 33055
3. Agreement to Official Rules: Participation in this Contest constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to this Contest.
4. Timing: The Contest Submission period begins at 12 a.m. Eastern Daylight Time (“EDT”) on June 8, 2019 and ends at 11:59:59 p.m. EDT on August 2, 2019 (the “Submission Phase”). The Contest Voting Period begins at 09:00:01 a.m. EDT on August 3, 2019 and ends at 11:59:59 a.m. EDT on September 30, 2019 (the “Voting Phase”).
5. How to Enter: Participants are asked to register via a contest form at www.waverunnerball.com, the WaveRunner Ball Facebook page, Waverunner Ball Instagram page (link in the bio) or Legendary Shots Instagram page (link in their bio). Information required for registration includes a contact first and last name, e-mail address. The first 1000 entrants that register by July 1, 2019 will have a chance to win a Waverunner ball package ($200 value). After registering, participant must either use an existing waverunner ball product or can purchase a waverunner ball products at www.waverunnerball.com with a 30% off coupon ( Use coupon code: TRICK30) for the one time purchase to create their 30 second trick shot video. The submission video can be uploaded at any time during the submission period. For the submission video, you may use your favorite waverunner ball, including the mega ball, 6.0 ball, beach or pool balls. The video should be creative showing off any specific talents or athletic abilities. Your entry Information will constitute one (1) entry (“Submission “) into the Contest. Upload the completed video to YouTube and add the add the link to the registration form- After the video is complete share on your Instagram account and tag @waverunnerball and @legendaryshots. Use hashtag #nextbigtrickshotstar. No more than 4 contestants per video entry is allowed. All the approved videos that are submitted will then enter a Voting Phase. Voting will be open to legal residents of the fifty (50) United States and the District of Columbia who are 18 years of age or older at time of entry. The top five (5) videos will move on to the Judging Phase. The Flash Sales Inc. management Team retains the right to select one (1st) Grand Prize Winner (2nd) Place Winner and (3rd) Place Winner based on the following criteria:
- 50% Creativity
- 25% Originality
- 25% Video Quality
By entering the Contest, you agree to be bound by these Official Rules and that your Submission conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove your Submission and disqualify you from the Contest if it believes, in its sole discretion, that your Submission fails to conform to the Guidelines and Restrictions.
- The Submission must be submitted via the online application form;
- The Submission must be original;
- The Submission must include the point of contact’s first name, last name, and email address.
- The Submission cannot have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means.
- Make sure you like and follow Waverunner Ball and Legendary Shots on Instagram and Facebook
- First place winner must agree to traveling to TBE location to film with the Legendary Shots in agreed upon date and time.
- The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
- The Submission must not disparage Sponsor or any other person or party affiliated with the Contest;
- The Submission must not contain brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use to incorporate in his/her Submission in this Contest only;
- The Submission must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous
- The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
- The Submission must not contain material that is unlawful, in violation of or contrary to any laws, rules, or regulations;
- The Submission must not contain any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation; and
- The Submission must not contain any material that: (a) would give or threaten to give rise to criminal or civil liability; (b) encourages conduct that constitutes a criminal offense; or (c) encourages or provides instructional information about illegal activities.
Ownership and Release: All Submissions become the property of Sponsor. Submissions will not be acknowledged or returned. By entering the Contest, you grant Sponsor the non-exclusive, royalty-free, irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit your Submission, and in other works in any and all markets and media, whether now known or hereafter developed, throughout the universe in perpetuity. Notwithstanding the foregoing, you unconditionally grant Sponsor the rights to and assigns and transfers all ideas, concepts, copyrighted materials, trademarks, and all intellectual property ownership, including partial ownership of jointly developed intellectual property, contained in the Submission and any and all rights in the Submission to the Sponsor, which may be evidenced by a written assignment signed by you. Sponsor has the right to use, assign, modify, edit, adapt, dispose, and alter the Submission, including but not limited to, appearances in promotional and/or commercial materials, as well as to reproduce the Submission, in whole or in part, without compensation, notification, or additional consent from you or any third party. You warrant that you have the sole and exclusive right to grant such rights to Sponsor, and that the Sponsor’s reproduction, publishing, displaying, and/or other use of the Submission will not infringe on any rights of third parties, including, but not limited to, copyright, trademark, privacy, or publicity rights, or create claims for breach of contract, anywhere in the world. You agree that Sponsor shall have no obligation to copy, publish, display, or otherwise exploit the Submission. You acknowledge that you will not receive any compensation of any kind for your Submission. Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions, all of which will be void. You agree to indemnify Sponsor, Released Parties and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms. Instagram is not involved in any part of the contest and releases Instagram from any responsibility from the contest
6. Winners Notification: The Prize winners will be announced via email and on the WaveRunner Ball Instagram and Facebook on or about Monday, September 30, 2019. If any Winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, in Sponsor’s sole discretion.
7. Prizes: The (1st) Grand prize is valued at $7500 and includes hotel and flight accommodations to a to be determined location to film with the Legendary Shots on a to be determined date. Grand prize winner also receives a Drone, GOPRO camera and spending money. The (2nd) Place prize is valued at $2500 includes a GOPRO Camera, Drone and Waverunner Ball products. The (3rd) third place is valued $1000 includes a GOPRO Camera and Waverunner Ball products. These items have NO CASH VALUE and will not be refunded, extended or changed by the Administrator or Sponsors if Winner is unable to collect and/or use their prize. Prizes are Non-Transferable. No substitution or transfer of prize except in sponsor’s sole discretion; if any advertised prize becomes unavailable; Sponsor may award a substitute of comparable value. Winners may each be required to sign an affidavit of eligibility (“Affidavit”) within the time period specified by Sponsors in the letter accompanying the Affidavit (“Prize Letter”) or prize will be forfeited. Prize will be awarded upon receipt of Affidavit, and verification of prize winner. A random winner for the Waverunner Ball package (valued at $200) for the first 1000 registrants by July 1st, 2019 will be announced via Waverunner ball Instagram page on July 8th, 2019.
8. Use of Likeness and Names: Acceptance of prize constitutes permission for Administrator, Sponsors and its designees to use winner’s name and/or likeness for purposes of advertising and promotion in any medium, without further compensation, except as prohibited by law. Winner may be asked to participate in radio, internet, and/or televised interviews.
9. Release: BY ENTERING THE CONTEST, YOU HEREBY AGREE THAT IN NO EVENT WILL SPONSOR OR ANY OTHER RELEASEE BE RESPONSIBLE OR LIABLE FOR, AND YOU HEREBY RELEASE THEM FROM, ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LOSSES, COSTS, EXPENSE OR LIABILITY OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, PERSONAL INJURIES AND/OR DEATH, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, AND COUNSEL FEES AND COURT COSTS) ARISING OR RESULTING FROM ANYTHING RELATING TO: THE PRODUCTION, PROMOTION, ADMINISTRATION OR EXECUTION OF THE CONTEST (OR YOUR PARTICIPATION IN IT); CANCELLATION, MODIFICATION OR RESCHEDULING OF ANY ASPECT OF THE CONTEST; USE OF ANY WEB SITE(S) RELATED TO THE CONTEST OR MATERIALS ON THE WEB SITE;ACCEPTANCE, POSSESSION, USE, MISUSE, OR NONUSE OF THE PRIZE; OR PARTICIPATING IN OR TRAVELING TO ANY CONTEST -RELATED ACTIVITY. “RELEASEES” MEANS SPONSORS, ALL CONTEST PARTIES, PROVIDERS AND ALL OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, CONTEST DIRECTORS AND AGENTS.
10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Each entrant acknowledges and agrees that his/her submission may or may not receive exposure in the media, that competing submissions may receive more or less exposure in the media, and that Sponsor and/or third parties may initiate, assist or cooperate with media requests or exposure in connection with any submission(s). Entrant understands, agrees and assumes the risk that media exposure of his/her submission, if any, may not be the same or commensurate with that of other competing submissions and that such exposure may or may not have an actual or perceived impact on voting results. Entrant explicitly acknowledges and agrees that the releases given by entrant shall cover any claim, expense or liability arising from or relating to such media contact or exposure, or the lack thereof. Entrant agrees that he/she will not seek media exposure for his/her submission, and he/she will report all requests for interviews or any other direct or indirect media contact to the Sponsor for approval, in Sponsor’s sole discretion, prior to participating in any interview or other media contact.
11. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen Submissions; or (6) any and all claims and liability, including but not limited to 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 Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third-party use of any Submission. By participating, entrant waives all rights to claim punitive, incidental and consequential damages, attorneys’ fees or any damages.
12. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action. (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with the laws of the State of Florida, applicable to contracts made and performed therein without reference to the applicable choice of law provisions. All actions, proceedings, or litigation relating hereto will be instituted and prosecuted solely within the State of Florida, Miami-Dade or Broward County.
13. Contest Administration: Sponsor is responsible for the collection, submission and processing of entries and the overall administration of the Contest. Entrants should email the Sponsor with any questions, comments or problems related to the Contest at firstname.lastname@example.org.