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Official Rules
WASHINGTON COMMANDERS 2022 CLEAT CREATIVE SWEEPSTAKES
(the “Sweepstakes”)
OFFICIAL RULES & HOW TO ENTER (the “Official Rules”)
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. Open only to legal United States residents residing in Maryland, Virginia, and District of Columbia. Open to individuals eighteen (18) years of age and older. *Open to minors age thirteen (13) to eighteen (18) years of age who have verifiable written consent from a parent or legal guardian. Void where prohibited. Eligibility determinations will be made by Sponsor (as defined herein) in its sole discretion and will be final and binding. Employees, agents, and representatives (and their immediate families (parent, child, spouse, or sibling, and their respective spouses, regardless of where they reside) and those living in their same households, whether or not related) of (1) Pro-Football, Inc., d/b/a Washington Commanders (“PFI” or “Sponsor”), (2) the NFL Entities (defined below), and their respective parents, affiliates, subsidiaries, and advertising, and promotion agencies are not eligible to enter or win. The NFL Entities shall be defined as the National Football League, its member professional football clubs, NFL Ventures, Inc., NFL Ventures, L.P., NFL Properties LLC, NFL Enterprises LLC, and each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives, and employees. By participating, entrants agree to be bound by these Official Rules and the decisions of PFI, which are binding and final on matters relating to this Sweepstakes. This Sweepstakes is subject to all applicable federal, state, and local laws. The Sweepstakes will consist of a random drawing to determine the winner among those participants who correctly enter the Sweepstakes under the guidelines stated herein. There will be one (1) winner (“Winner”). Sponsor has the right, in its sole discretion, to modify these Official Rules (including without limitation by adjusting any of the dates and/or timeframes stipulated in these Official Rules) and to cancel, modify or suspend this Sweepstakes at any time in its discretion.
TIMING: Sweepstakes begins on December 1, 2022 at 2:00 PM Eastern Standard Time (“EST”) and ends on December 18, 2022 at 11:59 PM EST (the “Promotion Period”). PFI must receive all entries by the end of the Promotion Period.
ANY ENTRY RECEIVED AFTER THE CLOSE OF THE ENTRY PERIOD WILL NOT BE ACCEPTED.
HOW TO ENTER: There is one (1) way to enter during the Promotion Period:
Via Online: Participants must click the link provided at Commanders.com/CleatCreative, complete the survey form, and upload their cleat drawing. An entry is not received until a completed form is submitted by the Participant. All online entries must be received by the end of the Promotion Period to be eligible.
The following applies to all entries, regardless of entry method: Entries must be received during the Promotion Period. Proof of sent entry or entry receipt (such as a copy of a “thank you” message) does not constitute proof of actual receipt of entry by Sponsor for purposes of this Promotion. Limit one (1) prize per person, regardless of the number of entries during the Promotion Period. Entries generated by script, macro or other
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automated or mechanical means and entries by any means which subvert the entry process are void. Entries not legitimately submitted in accordance with these Official Rules are void. All entries become the property of PFI and will not be acknowledged or returned. Entries that are late, incomplete, copied, misdirected, mutilated, illegitimate, postage-due, inaccurate, illegible, lost, damaged, or generated by automated means are void. All required information on the entry platform must be provided, or entry will be void. Entrants’ personal information may be used to subscribe to the Commanders’ ticket offers database.
RANDOM DRAWING: PFI will select the potential Winner in a random drawing from among all eligible entries on or about December 20, 2022 at 12:00 PM EST. Odds of winning depend on the number of eligible entries. PFI will conduct all drawings.
WINNER NOTIFICATION: The potential Winner will be notified by phone, e-mail, or any other means in PFI’s sole discretion on or about December 21, 2022 at 12:00 PM EST. Except where prohibited by law, entry constitutes permission for Sponsor, its designees, affiliates, and licensees to use the potential Winner’s name, hometown, and likeness for online posting, and/or any advertising and publicity without additional compensation. The potential Winner will be required to execute and return an affidavit of eligibility, a liability release, intellectual property assignment and release, and a publicity release within forty- eight (48) hours of receipt. If (i) such documents are not returned within the specified time period, (ii) a prize or prize notification is rejected, faulty or returned as undeliverable, (iii) PFI is unable to contact the potential Winner within seventy-two (72) hours of notification, (iv) the potential Winner is not in compliance with these Official Rules, or (v) the potential Winner does not claim the prize by January 2, 2023 at 5:00 PM EST, then the prize will be forfeited and, at PFI’s discretion an alternate Winner will be randomly selected for thedrawing at issue on January 4, 2023 at approximately 2:00 PM EST. The alternate Winner will be notified on January 4, 2023 by 5:00 PM EST and must claim the Prize by January 6, 2023 at 10:00 AM EST.
PRIZE: The prize consists of one (1) Washington Commanders jersey autographed by Terry McLaurin (the “Prize”). One (1) Winner will be selected to receive the Prize. The Total Approximate Retail Value of the Prize is Three Hundred Dollars AND 00/100 CENTS ($300.00).
GENERAL PRIZE CONDITIONS: The Winner shall agree that the prize is awarded “as is” with no warranty, representation, or guarantee, either express or implied by Sponsor, in fact or in law, whether now known or hereinafter enacted, relative to the use or enjoyment of the prize, including, without limitation, its quality, merchantability, or fitnessfor a particular purpose. All prize details are at Sponsor’s sole discretion. The Winner may not substitute, assign, or transfer a prize or redeem a prize for cash, but Sponsor reserves the right, at its sole direction, to substitute prize (or portion thereof) with one of comparable or greater value in the event an offered prize or portion of the prize becomes unavailable for any reason. The Winner is responsible for all applicable federal, state, and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided. PFI will not replace any lost, mutilated, or stolen prize or any prize that is undeliverable or does not reach the Winner for any reason, including, without limitation, because of incorrect or changed contact information. PFI will provide an IRS 1099 Form to the Winner because the Winner is receiving a prize with an ARV that exceeds $600. No more than the stated prizes will be awarded. All prizes legitimately claimed will be awarded.
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GENERAL CONDITIONS: By participating, each entrant agrees to abide by these Official Rules and decisions of Sponsor, which shall be final and binding in all respects relating to this Sweepstakes. Released Parties (as defined below) are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, garbled, illegible or postage-due mail or entries; or for technical failure or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing, or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prizes and the Winner, or in any Sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the sweepstakes. Released Parties are not responsible for injury or damage to participants’ or any person’s computer related to or resulting from participating in this Sweepstakes. Persons who tamper with or abuse any aspect of the Sweepstakes or website, act in an unsportsmanlike or disruptive manner, or who are in violation of these Official Rules, as solely determined by PFI, will be disqualified and all associated entries will be void. PFI reserves the right at its sole discretion to suspend, modify, or terminate the Sweepstakes should any portion of the Sweepstakes be, in PFI’s sole opinion, compromised by virus, worms, bugs, non- authorized human intervention or other causes which, in the sole opinion of the PFI, corrupt or impair the administration, security, fairness, or proper play, or submission of entries, or for any other reason determined by PFI in its sole discretion and, if terminated, at its discretion, select the potential Winner for the drawing at issue from all eligible, non- suspect entries received for the applicable drawing prior to action taken or as otherwise deemed fair and appropriate by PFI. PFI is not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive email messages. PFI is not responsible, and may disqualify an entrant, if his or her e-mail address, telephone, or other contact information does not work or if it is changed without entrant giving prior written notice to PFI. PFI’s failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy, or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency in these Official Rules), it will be resolved in PFI’s sole discretion. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. If PFI determines at any time in its sole discretion that the Winner or potential Winner is disqualified, ineligible, or in violation of these Official Rules, PFI reserves the right in its sole discretion to select an alternate Winner, even if the disqualified potential Winner’s name may have been shown or announced publicly. If any person 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, PFI may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law. Entrants, by participating, agree that Pro-Football, Inc., WFI Stadium Inc., Washington Football, Inc., WFI Group, Inc., Washington Football Park, Inc., and Washington Commanders Charitable Foundation, Inc. (collectively, the “Team Entities”), the NFL Entities, and their respective parents, affiliates, subsidiaries, and advertising and promotion agencies and all of their respective
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officers, directors, members, managers, contractors, employees, representatives, and agents (collectively, “Released Parties”) will have no liability whatsoever for, and shall be held harmless by entrants against, any liability, for any injuries, losses, or damages of any kind, including death, to persons, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse, awarding or use of any prize (including any activity related thereto) or while preparing for, participating in and/or traveling to or from any prize- or Sweepstakes-related activity.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE WEBSITE OR THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, PFI WILL DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
DISPUTES: Any controversy, dispute, or claim regarding the performance or interpretation of this Sweepstakes shall be resolved by binding arbitration, at the request of either party, in accordance with JAMS Streamlined Arbitration Rules and Procedures, with such arbitration to be conducted in Loudoun County, Virginia. The parties hereby waive their right to a jury trial. Except where prohibited, as a condition of participating in this Sweepstakes, each entrant agrees that any and all disputes that cannot be resolved between the entrant and any Released Party, claims and causes of action arising out of or connected with this Sweepstakes, or the prize awarded, or the determination of the prize must be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will an entrant be permitted or entitled to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out- pocket expenses (if any), not to exceed two hundred fifty dollars ($250), and entrant further waives all rights to have damages multiplied or increased.
WINNER: For the name of the Winner, send a self-addressed stamped envelope as well as a note requesting the name of the Winner to: 2022 Cleat Creative Sweepstakes Winner, 1600 FedEx Way, Landover, MD 20785. Only one (1) request per outer envelope will be fulfilled.
OFFICIAL RULES: For a copy of these Official Rules, print out these pages or send a self-addressed stamped envelope as well as a note requesting the Official Rules to: 2022 Cleat Creative Sweepstakes, 1600 FedEx Way, Landover, MD 20785, for receipt no later than the end of the Promotion Period. Only one (1) request per outer envelope will be fulfilled.
SPONSOR: Pro-Football, Inc., d/b/a Washington Commanders, 21300 Coach Gibbs Drive, Ashburn, VA 20147.
IP Assignment and Release Form
INTELLECTUAL PROPERTY ASSIGNMENT AND RELEASE FORM
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I, the Artist (defined below), do hereby transfer and assign to Pro-Football, Inc., WFI Stadium Inc., and Washington Commanders Charitable Foundation Inc., (collectively, the “Companies”) and the Companies hereby accepts, all of my right, title, and interest in and to the original Artwork (described below), including, without limitation, the copyright therein and/or the right to federally register the copyright therein, and any and all renewals and extensions of any such copyright, in the United States. To the extent that any such assigned Artwork is not assignable or transferable to the Companies (“Non-assignable Intellectual Property”), I hereby grant to the Companies a non-exclusive, royalty-free, irrevocable, perpetual, world-wide license to make, have made, modify, manufacture, reproduce, sub-license, use and sell such Non-assignable Intellectual Property, and any residual rights I hold in the Non-assignable Intellectual Property will be held by him in trust for the sole benefit of the Companies.
I hereby represent and warrant that I am the sole owner of all rights in and to the Artwork, and that I have no contractual or other arrangements which would interfere with or prevent the above-mentioned assignment or transfer of all my right, title, and interest in the Artwork. I warrant that the rights granted herein will not infringe on the rights of any third party and that the consent or permission of any other party is not required by the Companies, its successors, assigns or licensors in connection with the use of the Artwork.
I understand that I will retain the right to use the aforementioned work solely for self-promotion purposes upon prior written approval of the Companies in each instance. I also agree to indemnify and hold harmless the Companies, and their respective directors, officers, agents and employees and assigns, against and from any and all claims, liability, loss and damage, including reasonable attorney’s fees, caused by or arising out of or in connection with the breach or alleged breach of any representation and/or warranty made hereunder.
Furthermore, I grant full permission to the Companies, the National Football League and its Member Teams, and each of their respective owners, parents, subsidiaries, affiliates, directors, officers, governors, employees, sponsors, service providers, vendors, agencies, licensees, and agents (collectively, the “WAS Parties”) to use, without further notification, authorization, or compensation to me or anyone on my behalf, my name, likeness, and other personal characteristics, as well as any photographs, artistic designs, audio, videotapes, motion pictures, recordings, or other record, including the Artwork, (collectively the “Materials”) of me captured on the date listed below, in any and all media, whether now known or hereafter to become known or developed, worldwide and in perpetuity, and I represent and warrant that no further permission is required for the WAS Parties to exercise the rights granted herein.
To the fullest extent permitted by applicable law, I hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy, violation of rights of publicity, and physical or emotional injury or distress, arising directly or indirectly from the exercise of rights by the WAS Parties under this Intellectual Property Release or the production, exhibition, exploitation, advertising, promotion, or other use of the Materials.
