TERMS AND CONDITIONS
This CHALLENGE is subject to all applicable federal, state, and local laws, rules, and regulations. NO PURCHASE OR PAYMENT IS NECESSARY TO PARTICIPATE IN THE CHALLENGE. MAKING A PURCHASE PAYMENT WILL NOT INCREASE THE AMOUNT OF OR ANY CHANCES OF THE AWARD OF THE DONATION. THIS CHALLENGE IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW, WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET, OR WHERE THE METHODS OF PARTICIPATION SET FORTH BELOW WOULD BE DEEMED CONSIDERATION.
BY PARTICIPATING IN THIS CHALLENGE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD. ANYONE UNDER 18 YEARS OF AGE MAY NOT PARTICIPATE IN THIS CHALLENGE.
ADMINISTRATOR AND SPONSOR
This Pick It to Give It Western Conference Finals Challenge (this “Challenge”) is administered by Resignation Media, LLC (“Administrator”) and sponsored by ESPN, Inc. (collectively with Administrator, referred to as the “Challenge Entities”).
Acceptance these terms and conditions
By participating this Challenge, you fully and unconditionally agree to these Terms and all decisions made by Administrator, which are final and binding on all matters relating to the Challenge.
DONATION TO CHARITY
The exclusive prize for this Challenge will be a one-time donation made by Administrator (the “Donation”) to Chive Charities, a 501(c)(3) non-profit charitable organization (the “Charity”).
your participation in this Challenge does not enter you to win THE Donation or any other prize. you are not eligible to BE AWARDED THE DONATION. the Donation will only be awarded to the Charity.
This Challenge is only open to legal U.S. residents of the 50 States and the District of Columbia, who are at least 18 years old as of the beginning of the Round 1 (defined herein). Employees of the Challenge Entities and/or their respective parents, subsidiaries, and affiliates, and employees of any advertising or promotion agencies or any other entity involved in the sponsorship, conducting, or development of this Challenge, and their immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) or household members are not eligible to participate in this Challenge.
By participating in this Challenge, you are answering a question as to which 1 of the 2 potential outcomes you think will occur during certain games of the NBA Western Conference Finals (each an “NBA Game”). The available NBA Games are listed in the Rounds and Timing section of these Terms. At the end of the last Round, Administrator will make a Donation to Charity as described in these Terms.
ROUNDS AND TIMING
You may answer a question for this Challenge in any or all of the rounds corresponding to each NBA Game (each a “Round”). This Challenge will begin at the beginning of Round 1. This Challenge will end at the conclusion of Round 5.
You may only answer in a Round between the “Answering Begins” time and the “Answering Ends” times described below for each Round. You may not answer, and the Challenge will not be open, at any time other than between the Answering Begins and Answering Ends time for each Round.
To answer in any Round, visit the online banner for this Challenge at http://www.thechive.com and click on your answer to the posed question corresponding to the current Round. You may only enter 1 answer during each Round. But you may answer in as many different Rounds as you wish. Only answers validly cast during the respective Round will be counted.
Answering for each Round will begin and end as follows:
(all times Central)
12:01 AM on May 14, 2017
Start of Game 1 of the NBA Western Conference Finals.
12:01 AM on May 16, 2017
Start of Game 2 of the NBA Western Conference Finals.
12:01 AM on May 20, 2017
Start of Game 3 of the NBA Western Conference Finals.
12:01 AM on May 22, 2017
Start of Game 4 of the NBA Western Conference Finals.
*If game is played
12:01 AM on May 24, 2017
*If game is played
Start of Game 5 of the NBA Western Conference Finals.
*If game is played
COUNTING THE ANSWERS
Each correct answer will equal One Dollar ($1) added toward the total Donation amount, up to the Cap Amount (defined herein). Incorrect answers will not count toward the Donation amount.
The maximum number of answers that will count in each Round will be 3,333 answers (the “Maximum Answers”). Therefore, the maximum amount that will be eligible for Donation during any Round will be $3,333 (the “Cap Amount”). In other words, the amount eligible for Donation in any Round will be the lesser of: (a) the dollar amount equal to the number of correct answers; or (b) the Cap Amount. If there are more correct answers than the Maximum Answers, the amount added to the Donation for that Round will be the Cap Amount.
For example: Assume the Challenge question is: “Which team will score first in NBA Game 1 of the Western Conference Finals between the Golden State Warriors and the San Antonio Spurs”? Now assume that, during Round 1, 10,000 answers are entered for the Warriors, and 2,000 answers are entered for the Spurs:
• If the Warriors score first in Game 1, the total amount added to the Donation for Round 1 will be $3,333 (the Cap Amount).
• If the Spurs score first in Game 1, the total amount added to the Donation for Round 1 will be $2,000 (the number of answers entered for the Spurs).
MAKING THE DONATION
At the end of Round 5, Administrator will make a single Donation to the Charity equal to sum of the total number of correct answers in each Round, subject to the Maximum Answers and Cap Amount for each Round.
DONATION APPROXIMATE RETAIL VALUE
The approximate retail value of the Donation will depend on the number of correct answers during each Round. The approximate retail value of the Donation will not exceed the sum of the Cap Amounts for all 5 Rounds.
Administrator will be solely responsible for making the Donation. THE DONATION IS AWARDED “AS IS.” ADMINISTRATOR DOES NOT MAKE AND DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THE DONATION.
By participating in this Challenge, you grant Administrator the non-exclusive, perpetual, worldwide, royalty-free, sub-licensable and transferrable right to use your, name, image, likeness, and biographical information, in any and all media now known or later devised, in connection with this Challenge and any products, services, advertising, and promotional material related to the Challenge, without any further compensation, consideration, or notice to, or approval by, you.
CANCELLATION AND DISQUALIFICATION
Failure to comply with these Terms may result in disqualification of your answer from the Challenge. Administrator reserves the right to cancel, suspend, and/or modify the Challenge (or any part thereof), in its discretion, in the event of any of the following:
(a) Administrator has reason to believe there exists any tampering, fraud, delay, cheating, technical failures, or any other factor, which may impair or adversely affect the integrity or proper functioning of the Challenge;
(b) Any answer or answerer violates these Terms, fails not meet the Challenge eligibility requirements or annoys, abuses, threatens, or harasses any other answerer or the Challenge Entities.
(c) Administrator’s technical systems become infected by a computer virus or are otherwise impaired, or there is any tampering, unauthorized intervention, fraud, technical failures, or other causes that corrupt the administration, security, fairness, integrity, or proper functioning of the Challenge.
In the event of any of the foregoing, Administrator reserves the right to award the Donation as deemed fair and appropriate by Administrator.
ANY ATTEMPT BY ANY PERSON TO UNDERMINE OR TAMPER WITH THE LEGITIMATE OPERATION OF THIS CHALLENGE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, FOR WHICH ADMINISTRATOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
THIRD PARTY TERMS
If participation in this Challenge requires you to make use of any third party products or services, including without limitation, third party, apps, websites, social media platforms, or email service (collectively, “Third Party Services”), then by participating the Challenge, you agree to abide by the rules, policies, terms, and conditions governing the use of those Third Party Services.
By PARTICIPATING this Challenge, you waive, RELEASE, and hold harmless the Challenge Entities and their respective officers, directors, agents, representatives, and employees (collectively, “RELEASEES”) from and against any claims, liabilities, judgments, damages, loss, actions or cause of action, and costs (including reasonable attorney’S fees) (collectively, “Claims”) THAT YOU MAY NOW OR LATER HAVE, ARISING FROM OR RELATED TO YOUR PARTICIPATION IN THE CHALLENGE. YOUR FOREGOING WAIVER AND RELEASE INCLUDES, WITHOUT LIMITATION, ALL CLAIMS ARISING FROM OR RELATED TO: (A) THE NEGLIGENCE OF ANY RELEASEE OR ANY THIRD PARTY; (B) PHYSICAL AND/OR MENTAL INJURY, HARM, DAMAGES, DISABILITY, ILLNESS, DEATH, AND/OR OTHER OR LOSS TO YOU OR YOUR PROPERTY; (C) lost, late, misdirected, damaged, stolen, altered, garbled, fraudulent, incorrect, incomplete, or delayed ANSWERS; (D) receipt, use, or misuse of the Donation; (E) errors or malfunctions of any equipment, computer, online systems, servers, providers, or computer hardware or software failures; (F) THIRD PARTY INTERVENTION INTO THE CHALLENGE OR other technical or human errors or malfunctions of any kind; (F) USE OF THE WEBSITE ON WHICH THE CHALLENGE IS CONDUCTED; AND (G) the cancellation, suspension, or modification of the Challenge.
LIMITATION OF LIABILITY
THE RELEASEES WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST DATA, LOST PROFITS, LOST REVENUE, LOST BUSINESS, ANTICIPATED PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, AND WHETHER OR NOT THE RELEASEES WERE OR SHOULD HAVE BEEN AWARE OF OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
By participating this Challenge, you indemnify, defend, and hold harmless the Challenge Entities from and against and any all third party Claims relating to your: (a) breach or violation of these Terms or of any representation, warranty, or provision contained herein or made in connection with the Challenge; (b) causing physical and/or mental injury, harm, damage, disability, illness, death, loss, or damage to any third party; or (c) violation of or infringement upon the rights of any third party.
This Challenge and these Terms will be governed by the laws of the State of Texas. Any disputes arising from or relating to this Challenge, these Terms (including their construction, validity, and enforceability), the Donations, and/or any rights or obligations hereunder will be adjudicated, individually and not by any form or class action, exclusively in the State or Federal Courts located in Travis County, Texas, without regard to conflict of law principals.
This Challenge is for entertainment purposes only and may not be used as or in connection with any form of gambling.
NO THIRD PARTY ENDORSEMENT
This Challenge is not associated with or administered, sponsored, or endorsed by the National Basketball Association, any National Basketball Association Team, any Third Party Services, or any third party other than the Challenge Entities.
TERMS; WINNER LIST; QUESTIONS:
To receive a copy of these Terms, within 15 days after the end of the last Round, send a self-addressed stamped envelope to: Resignation Media, LLC, attn. Challenge Terms, 98 San Jacinto Blvd., Suite 160, Austin, TX 78701. The winner list will be mailed approximately 14 days after receipt of requests therefor. For any questions about this Challenge, contact the Administrator at the preceding address.