Entry Period & Contest Sponsors
(a) The Contest is brought to you by the following entities (collectively or individually, the “Contest Sponsors”): IOU Concepts Inc. operating as xocial, and the Stamina Foundation.
(b) The Contest entry period (the “Entry Period”) starts at 12:00 am on March 1, 2018 and continues until 7:00 pm (or at the tip-off of the men’s NCAA championship game) on April 2, 2018. All times are Eastern Standard Time.
How to Participate
(a) No purchase is necessary to enter this Contest. Entry is subject to these Official Rules, including, without limitation, the conditions of entry set forth below. There is only one way in which to participate in this Contest: (1) sign up to the xocial.com platform (2) join the March Goodness campaign, and (3) complete at least one challenge.
(b) Except as otherwise presented, messages that are not selected in respect of a particular campaign will not carry forward to any other campaign or for any other purpose. Submitted challenges that are not received by xocial will be deemed ineligible.
(c) A representative of xocial will contact a Potential Finalist(s) determined in accordance with paragraph 2(a)1, (a)2, (a)3, (B), above, shortly after the conclusion of the campaign using the information provided in the information that the Potential Finalist(s) sent. In the event that a xocial representative is unable to contact a Potential Finalist for any reason (including, without limitation, in the event the telephone line is out of service when called by a xocial representative, the email address provided is not correct or active, or no audible response is heard, or no one responds to the xocial representative’s telephone call, or the telephone call goes to voicemail, or the xocial representative receives a busy signal, or the Potential Finalist is not otherwise available as determined in the absolute discretion of the xocial representative), then such Potential Finalist will be deemed to be disqualified; and, in xocial’s sole discretion and time permitting, an alternate Potential Finalist may be selected in accordance with paragraph 2(a)(1)(B), above, and so on and so forth, until a Potential Finalist is successfully contacted by a xocial representative.
Conditions of Entry
By entering this Contest, you:
(a) agree to be bound by these Official Rules, including without limitation the eligibility requirements set forth below;
(b) agree to be bound by the decisions of the Contest Sponsors and their representatives, or the Contest judges (where applicable), which decisions are final, binding and conclusive (without appeal) on all matters relating to the Contest;
(c) represent that your entry, including any material involving your entry (e.g. name, user name, profile picture, etc., as applicable) and any material submitted with your entry (e.g. photograph, video, written submission, or other form of submission, etc., as applicable) (collectively, the “Entry Material”) (i) is original to you, and that you have all necessary rights in and to your Entry Material to enter the Contest, including, without limitation, the consent of any third parties whose personal information is included in your Entry Material, and (ii) does not contain, portray, include or involve content that is, or could reasonably be considered to be, inappropriate, unsuitable or offensive, as determined by xocial in its sole discretion;
(d) understand and agree that: (i) your entry (including any Entry Material) may not be returned to you upon submission to the Contest and may be refused as entry to this Contest, as determined by xocial in its sole discretion; and (ii) xocial may, in its absolute discretion, moderate and/or remove and/or edit any Entry Material, including to blur out any trademarks or to remove any copyrighted content or otherwise unsuitable content (as determined by xocial);
(e) grant to xocial a worldwide, continuous, royalty-free, irreversible, non-exclusive, sub-licensable and unlimited licence to use your entry, including the Entry Material, in any media and for any purpose related to the Contest (or any substantially similar contest), including without limitation the right to use, reproduce, modify, adapt, translate, alter, or create derivative works from, the entry and/or Entry Material, without notification, compensation or additional consideration to you; and
(f) waive all claims of moral rights in your entry and/or Entry Material and in any use in accordance with these Official Rules.
(a) This Contest is open to Canadian and United States residents (excluding the province of Quebec) who are 13 years of age or older as of the date of entry.
While participating, each Finalist is eligible to win:
At the contest closing, the Grand Prize winner (the team with the highest XP total following an authenticity audit by xocial) will win a two thousand dollars (CDN $2000) donation to their school. If the winning team is not affiliated with a school, the top XP earner of the winning team will select a school in North America for the donation award;
Top 50 XP earners from the winning team will be awarded xocial t-shirts (approximate value $20 (twenty dollars) US each);
Top 5 do-gooders (highest individual XP) from the winning team will get a $25 Dlyted gift card.
The xocial 16
Awarded to the top 16 teams as of 9am EST March 22rd;
The A.O.K. 8
Awarded to the top 8 XP earning teams as of 9am March 24th;
Four for the Final
Awarded to the top 4 XP earning teams as of 9am March 31st;
General Prize Conditions
The terms and conditions contained in this Section apply to any and all Contest prize(s) awarded pursuant to these Official Rules:
(a) Prize must be accepted as awarded, without substitution, transfer, exchange or assignment, unless otherwise determined in the absolute discretion of the Contest Sponsors and/or prize supplier(s). Prize may not be exactly as advertised. Except as expressly warranted, prize is provided “as is” without further warranty of any kind.
(b) Any unused portion of the prize, once awarded, will be deemed forfeited by the applicable winner and no financial compensation will be made or required in respect of any unused portion. Any prize will not be replaced if lost, destroyed, mutilated or stolen.
(c) The Contest Sponsors and/or the prize supplier(s) reserve the right, in their absolute discretion, to substitute a prize or a component of a prize with a prize or a component of a prize (as applicable) of equal or greater value, including, without limitation, a monetary award, if the prize or prize component cannot be awarded by the Contest Sponsors and/or the prize supplier(s) for any reason.
(d) Once awarded, any prize cannot be resold or commercially traded in any manner, directly or indirectly, and xocial reserves the right to ban or disqualify any entrant from any contest, including future contests, should it reasonably believe such entrant to have acted or attempted to act in contravention of the abovementioned restriction.
(a) Within one (1) week of having played, an eligible winner will/may be contacted by a xocial representative, by means of the information provided by the Finalist(s) at the time of playing, to confirm such eligible winner’s personal information for prize redemption purposes. Such eligible winner will be disqualified and required to forfeit any claim to the Contest prize if: (i) he or she cannot be reached within three (3) business days following the first attempt of contact; or (ii) he or she cannot confirm complete personal information with the xocial representative, as required by the xocial for prize redemption purposes, within five (5) business days of having been reached by such xocial representative; except, in each case, as may otherwise be determined by xocial in its absolute discretion.
(b) To be declared a winner of either a Secondary Prize or a monetary prize, an eligible winner must: (i) play as noted above;(ii) be in full compliance with these Official Rules; and (iii) in the discretion of the Contest Sponsors, sign and return a release of liability and consent to publicity form (the “Release Form”) within the time period specified in the Release Form, and any other documentation as may reasonably be required by the Contest Sponsors in their absolute discretion.
(c) An eligible winner may be required to provide proof of identification to the Contest Sponsors and/or prize supplier(s), as applicable, when claiming a prize or otherwise in connection with this Contest to assist the accurate identification of a Contest winner. Once confirmation of a Contest winner is complete in accordance with the terms of these Official Rules, the Contest Sponsors and/or any prize suppliers will promptly coordinate prize distribution. Except as otherwise determined in the absolute discretion of the Contest Sponsors and/or prize supplier(s), as applicable, upon notification, a winner must personally take delivery of his/her/their prize from the office or location of the Contest Sponsors and/or prize supplier(s) (as selected by the Contest Sponsors in their reasonable discretion) within thirty (30) days of being notified that such prize is available or within such other time period as may reasonably be advised by the Contest Sponsors. If a winner fails to comply with the requirements set forth in these Official Rules, he/she/they will be deemed to have forfeited his/her prize.
(d) In the event any eligible winner declines a prize for any reason, and/or does not meet the requirements set forth in these Official Rules, as determined by the Contest Sponsors in their absolute discretion, he/she/they will be disqualified, the prize will be forfeited and, in the Contest Sponsors’ discretion and time permitting, the Contest Sponsors may select another individual to be deemed a Finalist or may choose to cancel the Contest prize.
Release of Liability, Indemnity
By entering this Contest, you: (a) agree to remise, release and forever discharge the Contest Sponsors, their respective parent and affiliated companies, any and all other companies associated with the Contest (including prize suppliers and suppliers of materials or services related to the Contest), and all of their respective employees, directors, officers, shareholders, agents, representatives, successors and assigns (collectively, the “Releasees”) from any and all actions, causes of action, suits, debts, dues, accounts, claims, damages or liability for any loss, harm, expenses, costs or damages, including, without limitation, costs or losses related to personal injuries, death, damage to, loss or destruction of property, and rights of publicity, personality, privacy and/or intellectual property (each, a “Claim”) arising out of, or in any way related to, your participation in the Contest and/or the awarding, receipt, possession, use and/or misuse of any Contest prize (or any portion thereof), or any travel or activity that is related to the receipt or use of any Contest prize; and (b) agree to indemnify and hold harmless each of the Releasees from and against any and all Claims arising from (i) your breach of these Official Rules, including the breach of any representations or warranties contained herein, (ii) your participation in the Contest, (iii) your acceptance, possession, use and/or misuse of any Contest prize (or any portion thereof), if applicable, or (iv) the use of any Entry Material in accordance with the rights granted in these Official Rules.
Consent to Publicity
By accepting a Contest prize, if applicable, you authorize the Contest Sponsors and each of their respective licensees, successors, assigns, agents, representatives and employees the right, licence and permission to record, photograph and/or otherwise capture or document you and/or your likeness, including without limitation your voice and any statements you may make regarding the Contest prize, by any available means, and to use any such recordings, photographs or documents, as well as your image and/or likeness appearing therein, and your biographical information, including your name, city and province/territory of residence, throughout the world and in perpetuity, in all manner and media, whether now known or hereafter devised, for advertising or promotional purposes relating to the Contest (or any substantially similar contest), without limitation and without compensation or additional consideration, notification, or permission of any kind, unless prohibited by law; and you waive any rights that you may have or that may otherwise exist in respect of any materials produced pursuant to the foregoing, including without limitation rights of inspection, approval, compensation, additional consideration or notification, and moral rights.
Limitation of Liability
The Releasees are not responsible for (i) stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated, postage-due or garbled entries, transmissions, email or mail; (ii) lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider, website, or other connections, including those through and/or by any website; (iii) jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (iv) failures or malfunctions of phones, phone lines or telephone systems, any error, omission, interruption, defect or delay in transmission, processing, or communication; (v) non-delivered, misdirected, blocked, or delayed email or social networking notifications; (vi) printing, typographical or other errors appearing within these Official Rules, in any Contest-related advertisements or other materials; or (vi) any other errors, problems or difficulties of any kind, whether human, mechanical, electronic, network, computer, telephone, mail, typographical, printing or otherwise relating to or in connection with this Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the prize or in any Contest-related materials, or the cancellation or postponement of any event. The Releasees are also not responsible for any incorrect or inaccurate information, including without limitation where caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. The Releasees are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participation in this Contest or downloading materials from or use of any website.
By entering this Contest, you consent to xocial’s collection and use of your personal information for purposes of administering this Contest in accordance with these Official Rules and selecting any Contest winner(s). http://xocial.com/privacy/
(a) Laws and Rules. This Contest will be run in accordance with these Official Rules, which shall be subject to amendment by xocial without notice or liability to you. You must comply with these Official Rules and will be deemed to have received and understood these Official Rules by participating or attempting to participate in this Contest. The terms of this Contest, as set out in these Official Rules, are not subject to amendment or counter-offer, except as set out herein. This Contest is subject to all applicable federal (Canada), provincial and municipal laws and regulations. These Official Rules are governed exclusively by the laws of the province or territory in which you reside, and you submit to the exclusive jurisdiction of the courts of such province or territory. Rights and remedies may vary by province or territory.
(b) Cancel and Amend. xocial reserves the right to cancel, modify, or suspend this Contest or to amend these Official Rules at any time and in any way, without prior notice, for any reason whatsoever. Without limiting the foregoing, if for any reason the Contest is not capable of running as originally planned, for example as a result of tampering or infection by computer virus, bug, corruption, security breach or other cause beyond the reasonable control of the Contest Sponsors, xocial reserves the right to cancel or suspend the Contest and/or conduct a random draw from all previously received eligible entries.
(c) Conduct. The Contest Sponsors reserve the right, in their absolute discretion, to disqualify without notice, and/or ban from this Contest and any future contests, any entrant(s) that they find to be: violating these Official Rules; tampering or attempting to tamper with the entry process or the operation of the Contest or any Contest website; acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; or attempting to undermine the legitimate operation of the Contest. Any attempt by an entrant(s) or any other individual to undermine the legitimate operation of this Contest may be a violation of criminal and/or civil laws. Should any such attempt be made, the Contest Sponsors reserve the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.
In the event of any difference or inconsistency between the terms and conditions of the English version of the Contest Rules and disclosures or other statements contained in any Contest-related materials, including but not limited to the Contest entry form, or point of sale, television, print or online advertising or the French ( or any other language) version of these Contest Rules, the terms and conditions of the English version of these Contest Rules shall prevail, govern and control.
You understand that this Contest is in no way sponsored or endorsed by any social media platforms on which the Contest may have been promoted and/or publicized.
You agree to release xocial and all others connected with the Program from any and all claims arising out of or in any way resulting from your participation on any campaign or from your possession or use of any prize. You agree to indemnify xocial and all others connected with any campaign and to hold them harmless from any and all liability, claim, action, damage, expense and loss of any kind caused by or arising out of any statement or action made during or in connection with your participation on the program or arising out of your possession or use of any prize.