Hibbett #DareToRise Promotion (11/7/18 – 11/16/18)
Official Rules
The Hibbett #DareToRise Promotion (the “Promotion”) is sponsored by Hibbett Sporting Goods, Inc., located at 2700 Milan Court, Birmingham, Alabama 35211 (“Hibbett” or the “Sponsor”). The Promotion is governed by these Official Rules. By participating in the Promotion, each entrant agrees to these Official Rules, including all eligibility requirements, and understands that the results of the Promotion are final in all respects. The Promotion is subject to all federal, state and local laws and regulations and is void where prohibited by law. ODDS OF WINNING DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES AND VOTES RECEIVED. No purchase necessary to enter or win. A purchase will not increase your chances of winning. THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, INC. (“FACEBOOK”), TWITTER, INC. (“TWITTER”) OR INSTAGRAM, INC. (“INSTAGRAM”).
ELIGIBILITY: The Promotion is only open to legal U.S. residents (excluding residents of New York, Rhode Island and Puerto Rico) who are 18 years of age or older at the time of entry. Employees, officers and directors of Sponsor and its respective parent, affiliate and subsidiary companies, consultants, agents and suppliers, as well as its respective immediate families and persons living in the same household as such individuals, are not eligible to enter or win. Sponsor reserves the right to verify the eligibility of each potential winner. For the avoidance of doubt, the Promotion is open to individuals only. Groups are not eligible to participate.
PROMOTION PERIOD: The Promotion begins at 10:00 AM CST on November 7, 2018 and ends at 11:59 PM CST on November 16, 2018 (the “Promotion Period”).
HOW TO ENTER: During the Promotion, complete a form listing your name, email address, whether you have downloaded the Hibbett App, and vote for your fan favorite shoe (an “Entry”).
YOU MAY ENTER THE PROMOTION BY MAIL: To enter the Promotion by mail, send a letter setting forth your name, email address, whether you have downloaded the Hibbett App, your vote for your fan favorite shoe, and your telephone number to Hibbett Sporting Goods, Inc., 2700 Milan Court, Birmingham, Alabama 35211, Attention – Legal Department, Hibbett #DareToRise Promotion (also an “Entry”). Entries by Mail must be placed in the Mail prior to 11:59 PM on November 16, 2018 in order to constitute a valid and complete Entry.
All entries must be completed by the end of the Promotion Period in order to participate. Sponsor’s database clock will be the official time keeper for this Promotion. All Entries become the exclusive property of Sponsor. Receipt of an Entry will not be acknowledged, nor will proof of submission of an Entry be deemed proof of receipt by Sponsor. Sponsor has no obligation to advise an entrant of an incomplete or otherwise non-compliant Entry. Sponsor is not responsible for lost, late, incomplete, invalid, or misdirected Entries, which will be disqualified. Entries must be received prior to the Drawing (as defined below) to be eligible.
Entrants must complete the entire Entry to be eligible. All entries will be screened to make sure that they meet eligibility requirements. Entry must be in keeping with Sponsor’s image and may not be obscene, indecent or otherwise offensive, as determined by Sponsor at its sole discretion. All entries become the exclusive property of Sponsor. Entries must not: (i) include trademarks, logos, or copyrighted material not owned by Entrant or used without permission (such as company names, music, photographs, works of art, or images published on or in websites, television, movies, or other media); (ii) use individuals’ names, in whole or in part without permission; (iii) refer to public figures; (iv) contain profanity, pornographic, or sexual content, content promoting alcohol, illegal drugs, tobacco, weapons, or firearms, hateful content of any kind (including racism, sexism, etc.), content that promotes violence or harm to another living creature, or any other offensive, obscene, or inappropriate content; (v) defame, misrepresent, or contain disparaging remarks about other people or companies, including, but not limited to the Sponsor; (vi) promote a political agenda regardless of the political affiliation; (vii) contain materials embodying the names, likeness, photographs, or other identifying elements of any person, living or dead, without permission. Receipt of entries will not be acknowledged, nor will proof of submission of an Entry be deemed proof of receipt by Sponsor. Sponsor has no obligation to advise an entrant of an incomplete or otherwise non-compliant entry. Sponsor is not responsible for lost, late, incomplete, invalid, or misdirected entries, which will be disqualified.
WINNER SELECTION: One (1) potential Grand Prize winner and three (3) potential Runner-Up Prize winners will be randomly selected during the Promotion. On November 23. 2018, one (1) potential Grand Prize winner will be randomly selected from among all eligible Entries received (the “Grand Prize Drawing”). Also on November 23, 2018, three (3) potential Runner-Up Prize winners will be randomly selected from among all eligible Entries received (the “Runner-Up Prize Drawing”). Each Drawing will be conducted by Sponsor at Sponsor’s corporate office. Each potential Grand Prize winner and Runner-Up prize winner is subject to verification by Sponsor.
WINNER NOTIFICATION: Sponsor will attempt to contact each potential Grand Prize winner and Runner-Up Prize winner by email and will request that the potential Grand Prize winner and each potential Runner-Up Prize winner email Sponsor directly at [email protected] for Grand Prize or Runner-Up Prize confirmation with their name and address within forty-eight (48) hours to claim their Grand Prize or Runner-Up Prize, as the case may be. If a potential Grand Prize winner or Runner-Up Prize winner does not respond by emailing Sponsor directly at [email protected] within twenty-four (24) hours following Sponsor’s direct message, then that potential Grand Prize winner or Runner-Up Prize winner may be disqualified and an alternate potential Grand Prize winner or Runner-Up Prize winner, as applicable, may be selected. Each potential Grand Prize winner and Runner-Up Prize winner will be required to return an Affidavit of Eligibility, Publicity Release and Prize Acceptance (“Affidavit”). The Affidavit must be fully completed and returned to Sponsor prior to receipt of the Grand Prize or Runner-Up Prize, as applicable. Should a potential Grand Prize winner or Runner-Up Prize winner decide to decline the Grand Prize or Runner-Up Prize, as applicable, for any reason whatsoever or fail to timely return the Affidavit, Sponsor shall have no further obligation to that potential Grand Prize winner or Runner-Up Prize winner, as applicable, and an alternate potential Grand Prize winner or Runner-Up Prize winner, as applicable, may be selected. In the event of a dispute over who submitted the winning Entry, the authorized account holder of the email account attached to the winning Entry will be declared the winner. “Authorized Account Holder” is defined as the natural person assigned to a user name/email address by an Internet access provider, on-line service provider, social networking site or other organization responsible for assigning user names/email addresses for the domain associated with the user name/email address in question. Any questions, comments or complaints regarding the Promotion are to be directed to the Sponsor at [email protected], not Twitter or Instagram.
PRIZE: Prizes include one (1) Grand Prize and three (3) Runner-Up Prizes (collectively, the “Prizes”). The Grand Prize is one (1) Hibbett Gift Card with a value of Five Hundred and 00/100 Dollars ($500.00), one (1) pair of the style of N7 shoe that receives the most votes as the fan-favored shoe, and an N7 outfit ($148.00). Each Runner-Up Prize is one (1) Hibbett Gift Card with a value of One Hundred and 00/100 Dollars ($100.00),and one (1) pair of the model of N7 shoes that receives the most votes as the fan-favored shoe. The value of the Grand Prize and each Runner-Up Prize shall be dependent upon the value of the style of N7 shoe that receives the most votes as the fan-favored shoe, either the Jordan Why Not Zero.1 LOW N7 BQ2383-001 ($115.00), the Air Huarache City UTL PRM N7 AT6170-001 ($160.00), the Womens Nike Presto Sly PRM N7 AT6164-001 ($115.00), and the Air Force 1 MID ’07 PRM N7 AT6167-200 ($135.00). The availability of the shoe size selected by a Prize winner is not guaranteed, and Sponsor’s sole obligation to a Prize winner whose size is not available shall be to offer the same model of N7 shoes to the Runner-Up Prize winner in an alternative size. Each Grand Prize Winner and Runner-Up Prize Winner agrees that they are solely responsible for any tax liability associated therewith. Sponsor shall issue an Internal Revenue Service Form 1099 reporting to the Internal Revenue Service that the Grand Prize Winner has received an item with a value to be specified based upon the style of N7 shoe that receives the most votes as the fan-favored shoe (either $763.00, $783.00, or $808.00, as the case may be).
ADDITIONAL LIMITATIONS: Prizes are non-transferable, except as permitted by Sponsor. Prizes cannot be used in conjunction with any other promotion or offer. No substitution or cash equivalent of any Prize is permitted; however, Sponsor reserves the right to substitute Prizes with another of equal or greater value. Winner is not entitled to the difference between the approximate retail value and the actual value of the any prize. Sponsor is not responsible for any typographical or other errors in the offer or administration of the Promotion, including, but not limited to, errors in the printing or posting of the offer or official rules, the selection and announcement of the winner, or the distribution of any prize. Any attempt to damage the content or operation of the Promotion is unlawful and subject to legal action by Sponsor or its agents. Sponsor reserves the right to terminate, withdraw or amend the Promotion or disqualify any entry for any reason and without notice including, without limitation, if Sponsor suspects tampering has occurred, voiding the entries at issue or terminating the Promotion and selecting winners from among that portion of the Promotion that has not been compromised, if any. Sponsor will not replace any lost or stolen prize items. By entering this Promotion, entrants agree the Promotion is governed by the laws of Alabama, without giving effect to its conflicts of laws rules.
INDEMNIFICATION AND LIMITATION OF LIABILITY: BY ENTERING THE PROMOTION, EACH ENTRANT AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS SPONSOR AND ALL ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS FROM ANY LIABILITY, DAMAGES, LOSSES OR INJURY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ENTRANT’S PARTICIPATION IN THE PROMOTION AND THE ACCEPTANCE OF ANY PRIZE THAT MAY BE WON. SPONSOR DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, FITNESS OR MERCHANTABILITY OF ANY OF THE PRIZE. EACH WINNER AGREES TO EXECUTE ANY DOCUMENT CONTAINING THE TERMS AND CONDITIONS OF THESE OFFICIAL RULES.
AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER: Entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of, or connected with, this Promotion or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration to be conducted in Birmingham, Alabama pursuant to the applicable rules of the American Arbitration Association; (2) there shall be no right or authority for any claims to be arbitrated on a class basis; (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs, and in no event attorneys' fees, disbursements or court costs; and (4) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental and consequential damages, and any other damages, other than for actual out-of-pocket costs.
PUBLICITY: By submitting an Entry, each winner grants Sponsor and those acting under their authority permission to use his or her name, likeness, or comments for advertising and publicity purposes without payment of additional consideration, except where prohibited by law. Each entrant acknowledges and agrees that each potential prize winner may be announced and each entrant expressly consents to the use of his or her name for that purpose. Each Entrant also consents and agrees that Hibbett may retain the email address provided by Entrant and that Hibbett may send marketing emails to that email address.
WHO WON: To find out the name of the winners, please send a self-addressed stamped envelope on or before November 30, 2019 to Hibbett Sporting Goods, Inc., 2700 Milan Court, Birmingham, Alabama, 35211, Attention: Legal Department – Hibbett #DareToRise Promotion.
