Hibbett Sports “Share Your Air” Promotion
The Hibbett Sports “Share Your Air” Promotion (the “Promotion”) is sponsored by Hibbett Sporting Goods, Inc., located at 2700 Milan Court, Birmingham, Alabama 35211 (“Hibbett” or the “Sponsor”). Prize is provided by Hibbett. 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, 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 12:00 A.M. CST on March 1, 2019 and ends at 11:59 PM CDT on March 31, 2019 (the “Promotion Period”).
HOW TO ENTER: If you have not already done so, download the Hibbett App from the Apple App Store or an Android App Store during the Promotion Period, find and click on the link to the “Share Your Air” promotion webform in the App, and complete the webform (an “Entry”). To enter the Promotion by mail, send a letter setting forth your name, mailing address, email address, and telephone number to Hibbett Sporting Goods, Inc., 2700 Milan Court, Birmingham, Alabama 35211, Attention – Legal Department, “Share Your Air” Promotion (also an “Entry”).
All Entrants who complete a webform agree that they shall provide their telephone number and email address to Hibbett and they further agree that Hibbett may send promotional emails, including but not limited to emails relating to the Promotion, to the email address provided.
Entrants must complete the entire Entry to be eligible. All entries will be screened to make sure that they meet eligibility requirements. Receipt or completion 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. All entries must be completed or received 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.
WINNER SELECTION: Three (3) potential Prize winners will be randomly selected on April 8, 2019 from among all eligible Entries received during the Promotion Period (the “Drawing”). The Drawing will be conducted by Sponsor at Sponsor’s corporate office.
WINNER NOTIFICATION: Sponsor will attempt to contact each potential Prize winner by email and will request the potential Prize winner to email Sponsor directly at firstname.lastname@example.org for Prize confirmation with their name, address and telephone number within twenty-four (24) hours to claim their Prize. If a potential Prize winner does not respond to Sponsor’s efforts to contact the potential Prize winner within twenty-four hours of Sponsor’s first attempt to contact the potential Prize winner, then that potential Prize winner may be disqualified and an alternate potential Prize winner may be selected. The potential Prize winner will be required to return an Affidavit of Eligibility, Publicity Release and Prize Acceptance (“Affidavit”). The potential winner of the First Prize shall also be required to complete and return IRS Form W-9 to Hibbett. If this completed form is not returned with the Affidavit then the potential winner of the First Prize may be disqualified and an alternate potential winner of the First Prize may be selected. The Affidavit must be fully completed and returned to Sponsor prior to receipt of the Prize. Should a potential Prize winner decide to decline the Prize for any reason whatsoever or fail to timely return the Affidavit, Sponsor shall have no further obligation to that potential winner, and an alternate potential Prize winner 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@example.com.
PRIZE: There are three “Prizes”. First Prize is twelve (12) Two Hundred Fifty and 00/100 Dollars ($250.00) Hibbett gift cards. The First Prize Winner shall receive one (1) Two Hundred Fifty and 00/100 Dollars ($250.00) Hibbett gift card per month from April 2019 – March 2020. Approximate Retail Value (“ARV”) of the Prize is Three Thousand and 00/100 Dollars ($3,000.00). Sponsor shall issue two (2) Internal Revenue Service Form 1099’s reporting to the Internal Revenue Service that the First Prize Winner has received items with a value of Two Thousand Two Hundred Fifty and 00/100 Dollars ($2,250.00) in 2019 and that the First Prize Winner has received items with a value of Seven Hundred Fifty and 00/100 Dollars ($750.00) in 2020. Prize Winner agrees that Prize Winner is solely responsible for any tax liability associated therewith. Second Prize is one (1) Two Hundred Fifty and 00/100 Dollars ($250.00) Hibbett Gift Card. Third Prize is one (1) One Hundred and 00/100 Dollars ($100.00) Hibbett gift card.
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. 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.
WHO WON: To find out the name of the winner, please send a self-addressed stamped envelope on or before December 31, 2019 to Hibbett Sporting Goods, Inc., 2700 Milan Court, Birmingham, Alabama, 35211, Attention: Legal Department – “Share Your Air” Promotion.