1. ELIGIBILITY: The HBCUgo.TV Who Runs the Yard? Contest (the “Contest”) is open to D9 Fraternities and Sororities (collectively, the “Organizations”) that are currently in good standing and registered for the Spring 2023 semester through the Greek Life office at the participating HBCUs hosting the basketball games listed below in Section 3. A list of Organizations can be viewed at https://www.nphchq.com/nphc-leadership/member-organizations-cop. Participation in the Contest constitutes the participating Organizations’ full and unconditional agreement to and acceptance of these Official Rules, and the decisions of Sponsor, which are final and binding in all respects. For the purposes of these Official Rules, the term “participant” may refer to any Organization or one of their participating student members or alumni. Any participant may be disqualified in Sponsor’s sole discretion if they fail to comply with any of the terms of these Official Rules.
2. AGREEMENT: BY PARTICIPATING (OR ATTEMPTING TO PARTICIPATE) IN THE CONTEST IN ANY WAY, EACH PARTICIPANT WARRANTS THAT THEY: [A] ARE SOLELY RESPONSIBLE FOR THEIR CONDUCT, TRANSPORT, SAFETY, AND ANY OTHER MATTERS RELATING TO PARTICIPATION IN THE CONTEST; [B] HAVE READ THESE OFFICIAL RULES, AND AGREE TO BE BOUND BY THEM, AND BY THE INTERPRETATIONS OF THESE OFFICIAL RULES BY SPONSOR, AND BY THE DECISIONS OF SPONSOR AND JUDGES, WHICH ARE FINAL IN ALL MATTERS RELATING TO THIS CONTEST; [C] AGREE TO RELEASE AND HOLD HARMLESS THE RELEASEES AS FURTHER DETAILED IN SECTION 8; [D] ACKNOWLEDGE COMPLIANCE WITH THESE OFFICIAL RULES; [E] WARRANT THAT ALL INFORMATION THEY PROVIDE IN CONNECTION WITH THE CONTEST IS TRUE, ACCURATE AND COMPLETE; AND [F] AGREE TO COMPLY WITH ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS.
3. CONTEST DESCRIPTION/HOW IT WORKS: The Contest is comprised of multiple head-to-head competitions between participating Organizations as reflected in the designated basketball game schedule included below (each, a “Contest Game”). Student and alumni members of the eligible Organizations are encouraged to attend these Contest Games wearing their respective Organization’s branded clothing and paraphernalia. The Sorority with the highest official checked-in attendance among the student and alumni members wearing their Organization’s branded clothing and paraphernalia that sit in their designated section during the applicable women’s Contest Game will be named the winner of that Contest Game. The Fraternity with the highest official checked-in attendance of student and alumni members wearing their Organization’s branded clothing and paraphernalia that sit in their designated section during the applicable men’s Contest Game will be named the winner of that Contest Game.
To check in and have your attendance recorded and included in your Organization’s attendance count, enter the venue via the Student & Alumni entrance wearing your Organization’s branded clothing and paraphernalia (required). Once you have had your admittance ticket scanned and gained entrance to the Contest Game, you will be provided with a QR code by event personnel. Scan the QR code with your web-enabled mobile phone, read and accept the Official Rules, and submit. Then sit in your Organization’s designated section and remain there through halftime. Doing so will add your attendance to your Organization’s total attendance count for that Contest Game. Failure to follow this procedure may result in your attendance not being included in your Organization’s count. Participation is subject to the charges pursuant to your wireless service provider’s rate plan. Participants are solely responsible for any related equipment, application, and internet access charges, if any. Limit: one attendance count per eligible person per Contest Game. Each Contest Game’s attendance count is applicable only to that particular Contest Game; attendance for one Contest Game will not count toward attendance at another Contest Game.
Attendance tracking will end immediately after halftime. Attendance totals will be recorded via each hosting school’s preferred student engagement software to calculate attendance totals. The total counts will be reviewed by the Greek Life Coordinator, game day operations, and a designated administrator from the Division of Student Services (collectively, the “Judges”), to determine the applicable Contest Game winner. In the event of a tie in the determination of winners for any Contest Game, the applicable Organization who had an eligible member complete the QR code scan/submit process (as described in Section 3 above) prior to any other applicable tied Organization(s) will prevail, as determined by the Judges in their sole discretion. Sponsor assumes no liability for (and participants release/hold harmless Sponsor) for any errors or negligence in the process of winner determination.
Note that entrance to any Contest Game available on a first come, first served basis. If a Contest Game is “sold out” upon an individual’s arrival, there will be no acknowledgment of that individual’s intention to attend or participate in the Contest Game.
4. PRIZES: The winning Organization for each Contest Game will receive a $2,500 grant awarded in the form of a check made payable to the winning Organization’s collegiate chapter (the “Prize”). In no event shall any individual receive a Prize. Among other conditions detailed in these Official Rules, the granting of any Prize will be subject to these Official Rules, in addition to all applicable laws, rules and regulations, and the approval of any applicable school and/or Organization.
5. WINNER ANNOUNCEMENT AND VERIFICATION: The winning Organization’s chapter will be announced and presented with an oversized display check immediately following the applicable Contest Game. The actual Prize funds will be forwarded to the winning Organization’s collegiate chapter via direct deposit/ACH thirty (30) days after receipt of the winning Organization's invoice to HBCUGO. Except where prohibited by law, Sponsor reserves the right to require an authorized representative of a potential winning Organization’s chapter to sign and return a Declaration of Eligibility and Liability and Publicity Release, along with any additional information that may be required by Sponsor to fulfill the Prize.
6. PRIZE RESTRICTIONS: Taxes on Prizes and all expenses related to acceptance and use of the Prizes not otherwise specified in these Official Rules are the sole responsibility of the Prize recipients. Prizes cannot be transferred or substituted except at Sponsor's sole discretion. Sponsor reserves the right in its sole discretion to substitute a prize of comparable or greater value if a Prize cannot be awarded as described for any reason.
7. GENERAL: Releasees (as defined below in Section 8) are not responsible for and shall not be liable for any errors or negligence in the calculation of attendance totals and/or determining the winning Organizations, or for other failures, problems, malfunctions or errors whether caused by equipment, software, human error, or otherwise relating to or in connection with the Contest, including, without limitation, errors which may occur in connection with the administration of the Contest, the processing of Prize claims, the announcement of the Prizes or winners, or for printing, typographical, human, or other errors in connection with this Contest or other such errors appearing in these Official Rules or other Contest-related materials. Although Sponsor attempts to ensure the integrity of the Contest, Releasees are not responsible for the actions of participants or other individuals in connection with the Contest, including participants' or other individuals' attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest. In the event of any conflict between any Contest details contained in these Official Rules and Contest details contained in any Contest advertising materials or disclosures, the details of the Contest as set forth in these Official Rules shall prevail. If, for any reason, the Contest (or portion thereof) is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, by reason of any acts of God, terrorist acts, earthquake, war, fire, flood, disease, unusually severe weather, strikes or legal disputes (whether legal or illegal), industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles, or any other causes which, in the sole opinion of Sponsor, could corrupt, compromise, undermine, or otherwise affect the administration, security, fairness, integrity, viability, or proper conduct of the Contest, Sponsor reserves the right in its sole and absolute discretion to cancel, terminate, modify, or suspend all or any part of the Contest, and to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. In no event will Sponsor be obligated to award more prizes than the number of prizes stated in these Official Rules. Any attempt by any participate in the Contest in excess of stated limits, using multiple/different identities or any other methods, may void that participant’s participation and/or any related prize claims, in Sponsor’s sole discretion. Any purported evidence of winning will not be accepted in place of Sponsor’s and/or Judges’ own methods of winner verification. The Sponsor’s or Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. By participating in this Contest, participants agree to waive any right to claim ambiguity or any deficiency in these Official Rules or the Contest, including its administration.
8. RELEASE: By participating in the Contest, participants agree [a] to these Official Rules and the decisions of Sponsor and Judges, which shall be final in all respects relating to this Contest; and [b] to release, discharge and hold harmless the Sponsor, the participating HBCUs, their parents, affiliates, subsidiaries, Judges, and advertising and promotion agencies (aforementioned companies and individuals collectively, the “Releasees”) from any and all injuries, liability, losses and damages of any kind, known or unknown, resulting from their participating in the Contest or their acceptance, use or misuse of a Prize including, without limitation, personal injury, death and property damage, and claims based on publicity rights, copyright, trademark, defamation or invasion of privacy. In addition, Releasees are not responsible for and shall not be liable for [i] electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind, including without limitation, server malfunction or by any human error which may occur in the processing of participation counts; [ii] failed, incomplete, garbled or delayed computer transmissions; [iii] lost, late, misdirected, damaged, incomplete participation counts/material or postage-due mail; or [iv] any condition caused by events beyond the control of the Sponsor that may cause the Contest to be disrupted or corrupted. Participants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the releases herein are hereby expressly and forever waived. Participants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” The releases herein are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
9. PUBLICITY: By participating in the Contest, participants agree to be filmed/photographed/recorded by Sponsor or its designee in connection with their participation (where the results of such filming/photography/recording may be referred to herein as the “Game Footage”). Further, by participating in the Contest, participants grant to Sponsor and its affiliated companies the right, except where prohibited by law, to use their name, likeness, picture, address (city and state), voice, biographical information, Game Footage, and any of their written or oral statements about the Contest or Sponsor’s products/services (collectively, the “Materials”), for advertising and promotional purposes in promoting or publicizing Sponsor, its affiliated companies, and the products or services of each, in any and all media without limitation as to time or territory, without compensation unless required by law. A participant shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of the Materials.
10. RIGHT TO CANCEL: Persons who tamper with or abuse any aspect of the Contest, engage in fraudulent conduct, including attendance count, or who are in violation of these Official Rules, as solely determined by Sponsor and Judges, will be disqualified and all associated participation counts related to the applicable Organization and/or Contest Game will be void. Should any portion of the Contest be, in Sponsor's sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper operation of the Contest, Sponsor reserves the right to: [a] suspend, modify or terminate the Contest or Contest Game, and/or [b] to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion.
11. DISPUTES/GOVERNING LAW: Except where prohibited, each participant hereby agrees by participating that: [a] any and all disputes, claims, and causes of action arising out of or connected with, the Contest, or any prize awarded, or the determination of winners, shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of California; [b] any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest and in no event will a participant be permitted to obtain attorneys’ fees or other legal costs; [c] under no circumstances will a participant be permitted to obtain awards for (and each participant hereby waives 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; and [d] a participant’s remedies are limited to a claim for money damages (if any) and each participant irrevocably waives any right to seek injunctive or equitable relief. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, the rights and obligations of participants, or the rights and obligations of the Releasees in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
12. SEVERABILITY/HEADINGS: If any provision of these Official Rules is found to be unlawful, void or unenforceable for any reason, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.
13. WINNER LIST: For a list of winning Organizations for any or all Contest Games, mail a self- addressed, stamped envelope to be received by May 15, 2023 to: HBCUgo.TV “Who Runs the Yard?” Contest Winner List, PMI Station, PO Box 750, Southbury, CT 06488-0750.
14. SPONSOR: Entertainment Studios, 1925 Century Park East, Tenth Floor, Los Angeles, CA 90067.
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