MIBR Jersey Contest
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. FOR CHINA, THIS CONTEST SHALL, AT NO TIME, BE INTERPRETED OR UNDERSTOOD AS PRIZE-GIVING SALES IN NATURE.
This contest is sponsored and administered by Immortal, LLC, 11460 W. Washington Boulevard, Los Angeles, CA 90066 (“Sponsor”).
1. How to Enter.
a. To enter the MIBR Jersey Contest (“Contest”), upload a digital video demonstrating your support and passion for MIBR and Brazil (the “Video”) and Tweet it with the hashtag #NossaCamisaMIBR and the MIBR tag (@mibr). The Video may not exceed 512MB in size, and it may not exceed two minute and 20 seconds in length. Log onto your Twitter account and follow the links and instructions to become a follower of MIBR’s page on Twitter located at @mibr, and Tweet the Video with the required hashtag and tag. You must be an active holder of a non-private Twitter account and be a follower of @mibr to be eligible to enter this Contest (i.e., you must make sure your tweets are set to “public” and not “private”). If you do not have a Twitter account, you can create one by visiting www.twitter.com. Twitter accounts are free. If you are using your mobile device to enter the Contest, charges, including message and data rates, may apply. You should consult your wireless service provider regarding its pricing plans. Normal time, toll, connection and usage rates, if any, charged by your Internet service provider will apply.
b. All entry information and Videos shall be collectively referred to herein as the “Submissions” or each as a “Submission.” Submissions must comply with the Content Restrictions defined below. Sponsor reserves the right to cancel or modify this Contest in the event an insufficient number of entries are received that meet the minimum judging criteria.
c. By entering, each entrant warrants and represents the following with respect to their Submission: (i) entrant is the sole and exclusive owner of the Submission; (ii) the Submission will not infringe on any rights (including, without limitation any intellectual property rights) of any third parties; (iii) any third parties appearing in the Submission have given entrant appropriate consent to be photographed and used as permitted herein; and (iv) all information the entrant provided herein is true and accurate. Sponsor reserves the right to request third party releases and/or authorizations from any third party included in any Submission at any time, without any payment or consideration to be paid by Sponsor. Failure to produce fully executed third-party releases and/or authorizations (if applicable) may result in disqualification of the Submission and from the Contest, in Sponsor’s sole and absolute discretion.
d. Providing a Submission constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, non-exclusive license to use, reproduce, publish, broadcast, and display such Submissions in whole or in part, on a worldwide basis, in any form, media or technology now known or later developed for purposes of implementing and executing the Contest. For any Winner (defined below), providing a Submission constitutes the Winner’s consent to give Sponsor an irrevocable, exclusive license to use, reproduce, modify, publish, broadcast, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, for the legal term of protection of copyright including future legal extensions thereof, including but not limited to on any and all Internet media, including Sponsor’s web sites and properties and on social networking sites, at Sponsor-related events, in Sponsor-related broadcasts and streams, and in Sponsor-related promotional, marketing, and advertising content and materials. By entering the Contest, each entrant consents to the Sponsor dealing with their Submission in any way that may infringe the entrant’s moral rights, and agrees not to assert their moral rights (wherever such rights are recognized) in respect of their entry against the Sponsor or its assigns, licensees or successors.
e. By submitting a Submission and entering the Contest, you acknowledge and agree that you will clearly and conspicuously disclose that you are participating in a Contest in any online social sharing interaction that references the Contest or is used to obtain Submissions in connection with the Contest.
f. No automated entry devices and/or programs are permitted. Receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, postage-due, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed entries are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor.
2. Start and End Dates. The Contest begins at 1:01 p.m. Pacific Time (9:01 p.m. Greenwich Mean Time) on February 26, 2020 and ends at 11:59 p.m. Pacific Time on March 12, 2020 (7:59 a.m. Greenwich Mean Time on March 13, 2020) (the “Contest Period”).
3. Eligibility. Participation in the Contest is open only to legal residents of their country of residence who are at least 18 years of age or the age of majority in such country as of date of entry. Void in Quebec and where otherwise prohibited, taxed or restricted by law. Employees, officers and directors of Sponsor and its subsidiaries, affiliates, partners, advertising and promotion agencies, manufacturers or distributors of Contest materials and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter.
4. Submission Guidelines and Content Restrictions.
a. By entering, each entrant agrees that his or her Submission conforms to the content restrictions set forth below (the “Content Restrictions”) and that Sponsor, in its sole discretion, may remove any Submission and disqualify an entrant from the Contest if it believes, in its sole discretion, that the entrant’s Submission fails to conform to the Content Restrictions. The Content Restrictions provide that the Submission:
i. Must be the entrant’s original idea and original work (modification of an another’s original work is not an original idea);
ii. Must not have been previously published or otherwise exhibited;
iii. Must not contain material that violates or infringes any rights of any other party, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights or civil rights;
iv. Must not in any way disparage or otherwise adversely affect the goodwill or business reputation of Sponsor or any other person or party;
v. Must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
vi. 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;
vii. Must not (1) contain material that is unlawful, in violation of or contrary to the laws, regulations or, if applicable, socialist morals of any jurisdiction where Submission is created; (2) give rise, or threaten to give rise, to criminal or civil liability; (3) encourage conduct that constitutes a criminal offense; or (4) encourages or provides instructional information about illegal activities;
viii. Cannot promote illegal drugs or firearms (or the use of any of the foregoing), or any activities that may appear unsafe or dangerous, or any particular political agenda or message;
ix. Must not contain any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation; and
x. Must be consistent with the image and values of Sponsor and be consistent with and satisfy the purpose of the Contest.
b. Each entrant acknowledges that other entrants may have used ideas and/or concepts in their Submission that may be similar in idea or concept to what is included in entrant’s Submission. Each entrant understands and agrees that he/she shall not have any claim against any other entrant or Sponsor arising out any such similarity or be entitled to any compensation because of any such similarity.
c. EACH SUBMISSION BY AN ENTRANT SOLELY REPRESENTS THE VIEWS/OPINIONS OF THE ENTRANT, AND IT DOES NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR OR ITS SPONSOR OR SUPPLIER PARTNERS. SPONSOR DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH SUBMISSIONS POSTED BY PROSPECTIVE ENTRANT, INCLUDING ANY LIABILITY FOR MODERATING, MONITORING, OR REVIEWING POSTED SUBMISSIONS. SPONSOR WILL NOT EDIT OR MODIFY ANY POSTED COMMENT IN CONJUNCTION WITH THE CONTEST.
d. Sponsor reserves the right, in its sole and unfettered discretion, to disqualify any Submission that it believes is inappropriate or not suitable for publication, that does not comply with these Official Rules, or that is not consistent with the spirit or theme of the Contest. Sponsor’s decisions are final and binding in all matters relating to this Contest, including, but not limited to, interpretation and application of these Official Rules. By entering the Contest, entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of the judges, which will be final and binding in all matters relating to the Contest.
5. Winner Determination and Judging Criteria. After the close of the Contest Period and until about March 14, 2020, all eligible Submissions will be judged by a panel of MIBR players and talent selected by Sponsor in its sole discretion. All Submissions will be judged based on whether they include: (a) include a representation of MIBR and/or Brazil; (b) communicate an emotional or passionate message; (c) display knowledge and affinity for the MIBR brand; (d) offer a unique perspective or depiction of the MIBR team and/or players; and (e) complies with the Official Rules (the “Judging Criteria”).
a. There will be 50 winners (the “Winners”) selected for the Contest. The prizes for each Winner shall include:
i. Each Winner will receive one specially-designed MIBR player jersey with an estimated value of $80 (USD); and
ii. Each Winner’s name will, along with the names of the other Winners, be integrated and included in the design and production of a specially-designed, limited edition MIBR player jersey that will be: (1) manufactured and worn by MIBR players in competitions selected in MIBR’s sole discretion; and (2) offered for sale for a limited time to the public on a worldwide basis through MIBR’s retail merchandise distribution channels.
b. No cash or other prize substitution shall be permitted except at Sponsor’s discretion. The prizes are nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted.
7. Odds: The odds of winning depend on the number of eligible Submissions received.
8. Winner Notification. The Winners will be notified by direct message through Twitter on or about March 14, 2020. IT IS YOUR SOLE RESPONSIBILITY TO CONFIGURE YOUR TWITTER ACCOUNT PRIVACY SETTINGS SO AS TO ACCEPT PRIVATE MESSAGES FROM SPONSOR. The potential Winners must promptly respond to the Winner’s notification message in order to claim their prize. Sponsor shall have no liability for a Winner’s failure to receive notices via direct messages for any reason. If any Winner cannot be contacted within five business days of first notification attempt (or such longer period or number of attempts as may be required by applicable law), if any prize or prize notification is returned as undeliverable, if any Winner rejects his/her prize, or in the event of noncompliance with these Official Rules, such prize will be forfeited and an alternate Winner may be selected. Upon prize forfeiture, no compensation will be given. Winners may be required to complete and execute a declaration and release documentation in connection with receiving prizing. Receipt by a Winner of the prize offered in the Contest is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY A WINNER WILL, AT SPONSOR’S SOLE DISCRETION, RESULT IN THE WINNER’S DISQUALIFICATION AS WINNER OF THE CONTEST, AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.
9. Conditions and Releases.
a. Sponsor shall not be liable or responsible in the event a Submission is not used for any reason. Submissions may be cut, edited, reformatted, rearranged, combined with other materials and/or otherwise modified, in Sponsor’s sole and absolute discretion.
b. Any and all federal, state and local taxes are the sole responsibility of the Winners.
c. Participation in the Contest and/or acceptance of a prize constitutes each Winner’s permission for Sponsor and Sponsor’s sponsors and suppliers to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information, Submission and/or any statements made by each Winner regarding the Contest or Sponsor for advertising, marketing, and promotional purposes without notice or additional compensation, except where prohibited by law. Entrants expressly acknowledge that such permission and consent includes the right and ability of Sponsor and its sponsors and suppliers to use, incorporate, and include each Winner’s name (along with the names of the other Winners) in design, manufacture, sale, promotion, advertisement, marketing, distribution, and commercial exploitation of up to 2000 specially-designed, limited edition MIBR player jerseys, and that the winners will not be entitled to claim or receive any compensation in connection with the sale, distribution, and commercial exploitation of said jerseys, except where prohibited by law. Entrants waive all and agree not to assert any moral or similar or equivalent rights in relation to their entry and Submission, throughout the world.
d. Wherever enforceable: by participating, entrants and Winners agree to release and hold harmless Sponsor, and its advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, “Released Entities”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Contest, or possession, acceptance and/or use or misuse of prize or participation in any Contest-related activity and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action. Entrants who do not comply with these Official Rules, or attempt to interfere with this Contest in any way shall be disqualified. Sponsor is not responsible if the Contest cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.
10. Additional Terms.
a. Any attempted form of entry other than as set forth in Section 1 above is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. Sponsor, its affiliates, partners and promotion and advertising agencies are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Contest, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Contest or downloading any materials in this Contest. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Contest should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In such case, Sponsor will select the Winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Contest or web site. Sponsor may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.
b. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
c. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
d. In the event of a dispute as to any Submission, the authorized account holder of the email address or social media account used to register will be deemed to be the entrant and must comply with these Official Rules. The "authorized account holder" is the natural person assigned to the applicable social media account or the email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each entrant may be required to show proof of being an authorized account holder.
11. Limitation of Liability; Disclaimer of Warranties.
a. WHEREVER ENFORCEABLE, THIS CONTEST IS NOT SUBJECT TO LEGAL RECOURSE.
b. WHEREVER ENFORCEABLE, IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND/OR ENTRY IN THE CONTEST, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE CONTEST. WITHOUT LIMITING THE FOREGOING, THIS CONTEST AND ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
12. Disputes; Governing Law.
a. Wherever enforceable, the parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest.
b. Wherever enforceable, any controversy or claim arising out of or relating to these Official Rules and/or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of California.
c. WHEREVER ENFORCEABLE, THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to Los Angeles County in the State of California. The parties agree not to raise the defense of forum non conveniens.
15. No Implied Endorsement. The names of individuals, groups, companies, products and services mentioned herein, associated with MIBR, or included on any prize, and any corresponding likenesses, logos and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group or company, including Twitter, or the inclusion of a product or service as the prize, does not imply any association with or endorsement by such individual, group or company or the manufacturer or distributor of such product or service and, except as otherwise indicated, no association or endorsement is intended or should be inferred. The Contests are in no way sponsored, endorsed, or administered by, or associated with Twitter.