Official Rules - SkySlam Madness: Slam Dunk Contest

The Sky Zone SkySlam Madness Contest OFFICIAL RULES NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID IN QUEBEC, AND WHERE PROHIBITED. The Sky Zone SkySlam Madness Contest (“Contest”) is intended for viewing and participation in the 50 United States and District of Columbia, Canada (excluding Quebec) and Australia, only and will be construed and evaluated only according to laws within the United States. Do not attempt to participate in the Contest if you are not a resident of the 50 United States, the District of Columbia, Canada (excluding Quebec), or Australia at the time of entry. CONTEST DEADLINES: The Contest begins on or about 8:00:01 a.m. Eastern Time (“ET”) on or about March 17, 2015, and ends at 5:00:00 p.m. ET, on April 22, 2015 (“Contest Period”). The Contest Period consists of two (2) separate periods, as follows: (1) submission period (“Submission Period”); and (2) voting periods (“Voting Periods”). 1. The Submission Period begins at 8:00:01 a.m. ET on March 17, 2015 and ends at 11:30:00 p.m. ET on April 5, 2015. 2. The Voting Periods have three (3) separate rounds as follows: i. the first round of voting begins at or about 8:00:01 a.m. ET on April 6, 2015 and ends at or about 5:00 pm ET on April 9, 2015; ii. the second round of voting begins at or about 8:00:01 a.m. ET on April 10, 2015 and ends at or about 5:00 p.m. ET on April 12, 2015; and iii. the third round of voting begins at or about 8:00:01 a.m. ET on April 13, 2015 and ends at or about 5:00 p.m. ET on April 22, 2015. Sponsor’s time clock will be the official clock of the Contest. ELIGIBILITY: The Contest is open only to legal residents of the 50 United States, the District of Columbia, Canada (excluding Quebec), and Australia who are 13 years of age or older at the time they engage in the Contest (“Eligible Entrants”). Eligible Entrants must have authorized access to a traditional computer with internet access or smartphone that utilizes the web browser and active data plan. Employees, directors and officers of Sky Zone Franchise Group , LLC, (“Sponsor”), Brandmovers, Inc. (“Administrator”), and any of their respective franchises, affiliates, parent companies, subsidiary companies, and advertising and promotion agencies (collectively “Contest Entities”), and members of the immediate families of the foregoing individuals (spouses, parents, children, and siblings and their respective spouses, regardless of where they reside), and/or those living in the same household of each are not eligible to participate or win. Void in Quebec, and where prohibited. If an entrant is under the age of 18 they must obtain prior consent from their parent or legal guardian to enter and the parent or legal guardian may be required to verify the granting of consent and/or sign a release at the discretion of the Sponsor. Failure of an entrant’s parent or legal guardian to verify consent and/or sign a release will invalidate all of the entrant’s entries. HOW TO ENTER THE CONTEST: To enter the Contest, during the Submission Period, an Eligible Entrant must create and submit a video of them performing a dunk on a Sky Zone SkySlam Basketball hoop located in their participating local Sky Zone trampoline park in the United States, Canada or Australia (“Video”). 1 Then, the Eligible Entrant must upload a file of their Video into the Contest website at www.SkySlamMadness.com (the “Website”). No music may be included in the Video. If music is used in a submitted Video, it will be disqualified from the Contest. Once an Eligible Entrant's Video is uploaded successfully onto the Website, the Eligible Entrant must accurately complete the entry form on the Website with their name, address, city/municipality, state/province, zip/postal code, date of birth, daytime phone number, Sky Zone Location, and email address. An Eligible Entrant must submit the Video by uploading the Video to the Website, using the upload instructions provided on the Website, or by pasting the Video from YouTube, or by posting the Video on Instagram or Twitter during the Submission Period. If an Eligible Entrant is posting their Video via Instagram or Twitter, they MUST include two (2) hashtags: #SkySlamMadness AND #SkyZone[park location] (e.g., #SkyZoneBoston). If an Eligible Entrant's posting does not include BOTH hashtags, the Entry will be disqualified. If posting the Video on Instagram or Twitter, the Eligible Entrant must also visit the Website and accurately complete the entry form with their name, address, city/municipality, state/province, zip/postal code, date of birth, daytime phone number, Sky Zone Location, and email address in order to be considered a potential contest finalist. The Video and entry information will be referred to as the “Entry.” Normal Internet access and usage charges imposed by an Eligible Entrant's online service will apply. Standard data rates may apply to entries submitted via mobile device. An Eligible Entrant should contact their mobile device data service provider for details. The individual who submits the Entry in the Contest will be defined as the Entrant. To create a video without having to pay an entry free to a Participating Location, submit an email to: asianko@brandmovers.com with “SkySlam Madness Dunk Contest” in the subject line, and Administrator will email confirmation for one (1) FREE entry into the Sky Zone SkySlam basketball valid between 3-­‐4pm local time on a Tuesday during the contest submission period at your local Sky Zone. The FREE entry is limited to three (3) minutes of time in the court and in the Sky Zone in total. Upon expiration of the time, each entrant must leave the Sky Zone area or pay an entry fee to remain. The entrant must present a printed copy of his/her Sky Slam Madness FREE entry confirmation email. The confirmation email and its right of use for free three (3) minutes of jump time are nontransferable. VIDEO SUBMISSION REQUIREMENTS: • Must be the original creation of the Entrant; • Must have been performed and recorded during the contest Submission Period • Must be in English; • Must show the Entrant abiding by the Sky Dunk Sky Zone Court Rules, posted at each Sky Zone park-­‐; • Must be no more than 15 seconds long; • Must be shot at a Sky Zone trampoline park located within the United States, Canada or Australia; • Must not include any dangerous activity; • Must not have been previously published in any medium (excluding any social media site) or submitted in any other competition; • Must not contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, including copyright infringement when used as provided for in these Official Rules; • Must not disparage Contest Entities or any other person or party affiliated with the Contest and administration of this Contest; • Must not in any way contain any brand names, logos or trademarks other than those of Sponsor. If the video does show a third party brand name, logo or trademark, Sponsor reserves the right to edit the image to ensure no such marks are visible; • Must not include personally identifiable information; • Must not contain content, music, images, or artwork not created by Entrant; 2 • Must not contain material that is inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous or libelous; • 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; and • Must not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any jurisdiction where Entry is created. By entering, each Entrant (or Entrant’s parent/legal guardian if Entrant is deemed a minor in the state/province of Entrant’s residence) represents and warrants that the submitted Video is in compliance with all of the foregoing requirements. Each Entrant (or Entrant’s parent/legal guardian if Entrant is deemed a minor in the state/province of Entrant’s residence) agrees to indemnify, defend and hold Sponsor harmless against any and all liabilities, losses, damages, claims, debts, investigations, fines, penalties, costs, expenses and settlements (including attorneys' fees and costs of litigation, settlement, judgment, interest and penalties) arising out of or related to a breach of the foregoing representations and warranties. Entrant may submit as many Entries as they wish, but limit one (1) prize per Entrant. Entrant’s Entry must be (a) the Entrant's original work; (b) reflective of the Entrant's own experience; and (c) submitted in accordance with these Official Rules. By entering, Entrant (or Entrant's parent/legal guardian if Entrant is deemed a minor in the state/province of Entrant’s residence) understand and agree that Entrant's Entry may be posted on the Website. By entering, each Entrant (or Entrant’s parent/legal guardian if Entrant is deemed a minor in the state/province of Entrant’s residence) grants to the Sponsor and its licensees a non-­‐exclusive world-­‐wide, perpetual, non-­‐revocable, royalty-­‐free, sub-­‐licensable license to publish his/her Video as well as derivative works based thereon on the Website, in Sponsor’s apps, on social media, and through any and all other media, now known or hereafter devised, in any manner related to the Contest, Sky Zone Sky Slam, or other promotional or marketing purposes, without prior notice, approval or compensation. Entrant (or Entrant’s parent/legal guardian if Entrant is deemed a minor in the state/province of Entrant’s residence) represents and warrants that Entrant has received all permissions from individuals appearing in the Video to grant the rights granted herein and that Sponsor and its licensee’s use of the Videos as provided for herein will not violate the rights of any third party. Entrants otherwise will retain all rights to their respective Videos. Sponsor reserves the right to reject any Entry that, in its sole and absolute discretion, is determined not to meet the above specifications. All Entries must be received by 11:30:00 pm ET, April 5, 2015 to be eligible. CONTEST VOTING PERIODS – ROUND 1: Between 8:00:01 a.m. ET on April 6, 2015 and 5:00:00 pm ET on April 9, 2015, all eligible Entries submitted and approved by the Sponsor from each of the ninety three (93) participating Sky Zone trampoline park locations located throughout the 50 United States, District of Columbia, Canada, and Australia (each, a “Participating Location” or collectively “Participating Locations”), will be judged based on the following criteria: a) Athleticism –– 50% and b) Wow, did you impress the judges – 50% (collectively, “Judging Criteria”). In order to be eligible, Entries must adhere to the SkySlam court rules, failure to comply with court rules will be automatic disqualification of the Entry. Entries will be judged by representatives of the Sponsor (“Judges”). No information regarding Entries or judging, other than as otherwise set forth in these Official Rules will be disclosed and Judges’ decisions are final. This is a game of skill and chance plays no part in the determination of the potential winner. From among all Entries received, the one (1) Entry with the highest overall score from among all Entries received per Participating Location will be deemed a Semi-­‐Finalist, and will move on to Round 2 voting. In the event of a tie, the Entry with the highest score in the Athleticism category will be deemed the Semi-­‐Finalist from among all tying Entries. PLEASE NOTE: In the event there are less than one ninety three (93) Participating Locations 3 or in the event that any of the Participating Locations did not receive any qualified or eligible Entries, Sponsor reserves the right to award less than one ninety three (93) Semi-­‐Finalists at Sponsor’s sole discretion. CONTEST VOTING PERIODS – ROUND 2: During Round 2 voting, each of the ninety three (93) Semi-­‐
Finalists’ Entries (or less, in the event there are less than 93 Participating Locations as set forth in the disclaimer above) will be re-­‐judged by the Judges using the same judging criteria set forth above that was used during Round 1. The sixteen (16) Semi-­‐Finalists with the highest scores from among all Semi-­‐Finalists will then be deemed Finalists, and will move on to Round 3 voting. No information regarding Entries or judging, other than as otherwise set forth in these Official Rules will be disclosed and Judges’ decisions are final. In the event of a tie, the Semi-­‐Finalist Entry with the highest score in the Athleticism category will be deemed the Semi-­‐Finalist from among all tying Entries. CONTEST VOTING PERIODS – ROUND 3: During Round 3 voting, each of the 16 Finalists Entries will be posted on the Website for the public located within the United States and Canada (excluding Quebec) to vote on their favorite Entry. Then, at or about 5:30 pm ET on April 22, 2015, the Finalists Entries will be re-­‐
judged by the Judges using the following judging criteria and percentages: a) Public Voting Outcome – 40% b) athleticism 30%; and c) Wow, did you impress the judges 30% (collectively, “Judging Criteria”). In order to be eligible, entries must adhere to the SkySlam court rules; failure to comply with the court rules will be automatic disqualification of the Entry. Entries will be judged by representatives of the Sponsor (“Judges”). No information regarding Entries or judging, other than as otherwise set forth in these Official Rules will be disclosed and Judges’ decisions are final. The Finalist Entry with the highest score from among all Finalists will then be deemed the Grand Prize winner; the Finalist Entry with the second to highest score from among all Finalists will then be deemed the First Prize winner; the Finalist Entry with the third to highest overall score from among all Finalists will then be deemed the Second Prize winner; and the Finalist Entry with the fourth to highest overall score from among all Finalists will then be deemed the Third Prize winner. In the event of a tie, the Finalist Entry with the highest score in the Public Voting Outcome category will be deemed the winner from among all tying Entries. The winner’s will be notified on the Website, and by email or telephone. CONTEST PRIZES: One Grand Prize: Ten thousand dollars ($10,000.00 USD), and a one-­‐year jump pass (awarded in the form of $1,560.00 in Sky Zone Gift Cards) to the grand prize winner's Participating Location Sky Zone. ARV: $1,560. One First Prize: Five thousand dollars ($5,000.00 USD), and a six month jump pass (awarded in the form of $780.00 in Sky Zone Gift Cards) to the first prize winner's Participating Location Sky Zone. ARV: $780. One Second Prize: Three thousand dollars ($3,000.00 USD), and a three (3) month jump pass (awarded in the form of $390.00 in Sky Zone Gift Cards) to the second prize winner's Participating Location Sky Zone. ARV: $390. One Third Prize: One thousand dollars ($1,000.00 USD), and a one (1) month jump pass (awarded in the form of $130.00 in Sky Zone Gift Cards) to the third prize winner's Participating Location Sky Zone. ARV: $195. Any costs in excess of the (GST inclusive) value of the prizes and all ancillary costs associated with redeeming the prizes are not included and are the responsibility of the winner. Gift Cards are subject to the terms, conditions and restrictions as printed on the Cards. The Sponsor shall not be liable for any jump passes that has been lost, stolen, forged, damaged or tampered with in any way. Redemption of the jump passes is subject to the terms, conditions and 4 restrictions of the Participating Location Sky Zone and expire one year from date of issue. Money prizes will be awarded in the form of a check or cash at Sponsor’s sole discretion. CONDITIONS APPLICABLE TO ALL PRIZES: Prizes are nontransferable, except at Sponsor’s sole discretion. Prize details and availability are subject to change, in which case Sponsor may substitute a prize of equal or greater value. No substitutions or cash redemptions, except at Sponsor’s sole discretion. Any portion of prize not used by winner is forfeit and no cash substitute will be offered or permitted. Subject to any Non-­‐Excludable Guarantees (defined below), prizes offered are provided “as is” with no warranty or guarantee either express or implied by Sponsor. Awarding of all prizes is subject to verification of entry, submission of all required Assignment and Release Forms, eligibility, and compliance with these Official Rules. Sponsor will attempt to notify potential Grand Prize Winner by phone, email and/or overnight mail on or about approximately 7 days after the Contest Period ends. Sponsor reserves the right, and Entrant agrees to cooperate with, to have a background check (including an Entrant's identity, age and address) done on the Grand Prize winner in Sponsor’s discretion. CLAIMING PRIZES: C ontest p rize w inners ( or w inner’s p arent/legal g uardian i f w inner i s d eemed a minor i n t he s tate/province o f w inner’s r esidence) a re subject to verification by Sponsor. Winners ( or winner’s p arent/legal g uardian i f w inner i s d eemed a m inor i n t he s tate/province o f w inner’s residence) may be asked to complete, sign and return the Affidavit of Eligibility, Waiver of Liability, Publicity Release Forms (where legal), or an Prize Acceptance Eligibility/Liability Release and certain tax documents, and, if so, all such documents must be signed and returned to Sponsor within seven days of the date Sponsor sends them to the winner or prize will be forfeited. If there is noncompliance with these Official Rules, if prize notification or attempted notification is returned as undeliverable, if t h e winner is deemed ineligible for any reason, or prize winner declines prize offered or for any reason whatsoever a prize winner does not take the prize at the time stipulated by the Promoter, then the prize will be forfeited by the prize winner, and the prize will be awarded to the next highest score. All properly claimed prizes will be awarded provided a sufficient number of eligible entries are received, but in no event will Sponsor award more prizes than are provided for in these Official Rules. By participating in the Contest, all participants (or p articipant’s p arent/legal g uardian i f p articipant i s deemed a m inor i n the s tate/province o f p articipant’s r esidence) a cknowledge compliance with and agree to be bound by these Official Rules, the decisions of Sponsor, which are final in all respects, and all federal, state, and local laws and regulations. CONDITIONS: All federal, state and local taxes are the sole responsibility of winners (or winner’s parent/legal guardian if winner is deemed a minor in the state/province of his/her residence). Each winner (or winner’s parent/legal guardian if winner is deemed a minor in the state/province of his/her residence) grants Sponsor a royalty-­‐free worldwide right and license to use and publish his/her first name, first initial of last name, city/town and state of residence in connection with the Contest. Acceptance of a prize constitutes permission for Sponsor and its affiliates and licensees to use winners’ names and likenesses solely for advertising and promotional purposes as Sponsor so determines without notice or further compensation, except where prohibited by law. Nothing in these terms and conditions limits, excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these terms and conditions would contravene any statute or cause any part of these terms and conditions to be void (“Non-­‐Excludable Guarantees”). Subject to the limitations in the preceding sentence, the Sponsor excludes from these terms and conditions all conditions, warranties and terms implied by statute, general law or custom. By participating in the Contest, winners (or winner’s parent/legal guardian if winner is deemed a minor in the state/province of 5 his/her residence) agree to release and hold the Contest Entities, Instagram, Twitter, YouTube, and their respective directors, officers, employees, affiliates and assigns, harmless against any and all claims and liability arising out of Contest participation and (if applicable) acceptance/use of the prize and prize-­‐related activity. Except for liability in relation to a Non-­‐Excludable Guarantee, the Entrant (or Entrant’s parent/legal guardian if Entrant is deemed a minor in the state/province of his/her residence) assume all liability for any injury or damage caused, or claimed to be caused by participation in this Contest or acceptance/use of any prize or prize-­‐related activity. Sponsor is not responsible for any typographical or other errors in the printing, the offering, the announcement of any prize, or in the administration of the Contest. Sponsor reserves the right, in its sole discretion to modify, terminate or suspend this Contest should viruses, bugs, technical errors, unauthorized human intervention or other similar causes corrupt or impair the administration, security or fairness of the Contest (“Disruption”). Sponsor is not responsible for interrupted or unavailable network, server or other connections, miscommunications, failed telephone, computer hardware, software and other technical failures of any kind, including injury or damage to any person's device relating to or resulting from participating in or experiencing any materials in connection with the Contest. Sponsor is not responsible for any human error that may occur in the processing of the Contest or any vote tally, nor is it responsible for any error, omission, interruption, deletion, defect, communications line failure, theft or destruction of, unauthorized access to, delay in operation, transmission, or distribution of, or alteration of, entry or voting procedure, whether caused by the participant, voter, or otherwise, any of the equipment or programming associated with or utilized in this Contest, or otherwise. Sponsor reserves the right, in its sole discretion, to disqualify any individual found to be tampering with the entry or voting process or the operation of the Contest; to be acting in violation of these rules; or to be acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, programmed or similar entry or voting methods will void all such Entries or votes and Entrant or voter will be disqualified. Any attempt by any Entrant or voter to submit Entries or votes using multiple/different identities or any other methods will void all such Entries or votes, and that Entrant or voter will be disqualified. Entries or votes generated by script, macro or other automated means or which subvert the entry or voting process are void. If there is a dispute, all Entries will be deemed to have been submitted by the owner of the email account holder associated with registration for that Entry. For these purposes, an email account holder means the natural person assigned to such email account by the organization responsible for assigning email addresses for the associated domain. INTERNET CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR APPLICATION OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING CRIMINAL PROSECUTION. Neither the failure of Sponsor to insist upon or enforce strict performance of any provision of these Official Rules nor the failure, delay or omission by Sponsor in exercising any right with respect to any term of these Official Rules, will be construed as a waiver or relinquishment to any extent of Sponsor’s right to assert or rely upon any such provision or right in that or any other instance. If for any reason whatsoever beyond the reasonable control of the Sponsor, the Contest is not capable of being conducted as reasonably anticipated, the Sponsor reserves the right, in its sole discretion, unless to do so would be prohibited by law, to (a) disqualify any Entrant; and/or (b) to cancel, suspend, modify, terminate or cancel the Contest. PRIVACY CLAUSE: The Sponsor collects personal information from entries for the purpose of conducting this Promotion (which may include disclosure to third parties, including, but not limited to its suppliers and to overseas recipients such as the Sponsor’s related companies who may be located in Canada, Australia 6 and the United States). Entry is conditional on providing this information. The Sponsor and the Administrator may also use personal information for promotional purposes including for sending direct marketing material. Eligible Entrants may opt out of receiving direct marketing material and may elect to use a pseudonym to enter this Promotion. By entering this Promotion, Eligible Entrants consent to the use of their information as described and agree that the Sponsor may use this information, or disclose it to other organizations that may use it, including overseas recipients such as the Sponsor's related companies, in any media for future promotional, marketing and publicity purposes without any further reference or payment to the entrant, including sending the entrant electronic messages. Eligible Entrants may access, correct and/or update their personal information, obtain information on how to complain about a potential privacy breach and view the Sponsor’s privacy policy at the following; •
For Australia here: http://www.skyzone.com.au/privacy •
For United States and Canada here: http://www.skyzone.com/Privacy.aspx DISPUTE RESOLUTION/CHOICE OF LAW: All decisions of the Sponsor with regard to this Contest are final. Except where prohibited, each Entrant (or Entrant’s parent/legal guardian if Entrant is deemed a minor in the state/province of his/her residence) and winner (or winner’s parent/legal guardian if winner is deemed a minor in the state/province of his/her residence) accepting a prize agrees that: (i) all issues and questions concerning these Official Rules will be governed by Indiana law without giving effect to any principles of conflicts of law of any jurisdiction; (ii) any and all disputes, claims and causes of action at law or in equity arising out of or relating to this Contest or any prize awarded will be (A) resolved individually, without resort to any form of class action; and (B) filed only in the state courts situated in Indiana, and Entrant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such disputes, claims or causes of action; (iii) any and all claims, judgments and awards will be limited to actual out-­‐of-­‐pocket costs incurred, but in no event attorneys' fees; and (iv) under no circumstances will any Entrant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental, special, 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. WINNERS LIST: These Official Rules may be found on the Website during the Contest Period. To obtain a copy of any legally-­‐required winners list, send a self-­‐addressed stamped (#10) envelope to: Sky Zone SkySlam Madness Contest, c/o Brandmovers, 590 Means Street, Suite 250, Atlanta, GA 30318 (residents of WA and VT may omit postage), to be received by May 29, 2015. SPONSOR: Sky Zone Franchise Group, LLC, 1201 W. 5th Street, T-­‐340, Los Angeles, CA 90017. This Contest is in no way sponsored, endorsed or administered by or associated with Instagram, YouTube, or Twitter. 7