The Great Brady Heist Challenge
Official Rules
NO PURCHASE NECESSARY TO PARTICIPATE OR WIN. MUST BE 18 YEARS OF AGE OR OLDER AND PHYSICALLY PRESENT IN THE MIAMI, FLORIDA AREA ON FRIDAY, JANUARY 31, 2020 TO PARTICIPATE IN THE CHALLENGE OR WIN A PRIZE. VOID WHERE PROHIBITED OR RESTRICTED BY LAW
1. DESCRIPTION: The “Great Brady Heist Challenge (“Challenge”) takes place in the Miami, Florida area (“Location”) on Friday, January 31, 2020 beginning at approximately 3PM ET and ending at approximately 4:00PM ET or when the hidden “Prize” (as defined below) has been found, whichever occurs first (the “Participation Period”). The Challenge sponsor is Fox Sports Interactive Media, LLC (“Sponsor”). The Contest administrator is Creative Zing Promotion Group (“Administrator”). The Sponsor and Administrator will be referred to herein as the “Challenge Entities”. The Challenge is not endorsed by, associated with, or sponsored by the National Football League Entities (“NFL Entities”) as defined below. Sponsor has the right to change the Participation Period and/or Location in connection with the Challenge, at any time and in its sole discretion. Any changes will be posted at the Location, as well as on @FOXSports Twitter account.
2. ELIGIBILITY: The Challenge will only be available to Participants who reside in or are physically present in the Miami, Florida area on Friday, January 31, 2020, regardless of their permanent legal address and who are eighteen (18) years of age or older (“Participant”). Employees, owners, shareholders, officers and directors of Sponsor and Administrator (collectively, the “Challenge Entities”), and each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives, promotion and advertising agencies, the National Football League; the NFL Member Clubs; NFL Properties LLC; NFL Enterprises LLC; NFL Ventures, Inc.; NFL Ventures, LP; NFL Productions LLC; NFL International LLC; and each of their respective affiliates, subsidiaries, shareholders, representatives, officers, directors, agents and employees (collectively the “NFL Entities”) together with the immediate family members, and/or those living in the same household of each, are not eligible to participate in the Challenge. For purposes of the Challenge, “Household Members” shall mean those people who share the same residence at least three (3) months a year and “Immediate Family Members” shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses.
3. HOW IT WORKS: During the Participation Period, Sponsor will provide a series of clues (each a “Clue” and, collectively, “Clues”) streamed via a live webcast on @FOXSports Twitter (the “Live Stream”) that will help participants locate the professional football player’s jersey (the “Prize”) which will be hidden somewhere in the Location. The first Participant who locates the Prize and identifies him or herself to the Fox Sports representative (“Sponsor Representative”) by providing the password provided on the Live Stream, will be the Prize “Winner”, subject to verification of eligibility and compliance with these Official Rules. Sponsor will continue to post Clues until the end of the Participation Period, or the Prize is found, whichever occurs first. The Sponsor will post on Sponsor’s Twitter page once the Prize has been found and the Participation Period has ended. In the event of a tie between Participants, an onsite Sponsor Representative, in their sole discretion, will conduct a tie breaker consisting of a series of professional football related trivia questions presented to the tied participants and the Participant answering the most questions correctly will be determined to be the Prize Winner, subject to verification of eligibility and compliance with these Official Rules. In the event the first Participant to reach the Prize and present the Sponsor Representative with the correct password is deemed ineligible or declines the Prize for any reason, the Prize will be awarded to the next Participant who finds the Prize and present the Sponsor Representative with the correct password, subject to verification of eligibility and compliance with these Official Rules. Up to two (2) alternate potential winners may be verified onsite by the Sponsor Representative, in their sole discretion, after which the Prize in question will not be awarded. In the event the Prize is not found before the end of the Participation Period, the Prize may go unawarded.
Important Note: Participants are strongly encouraged to use caution when searching for the Prize in connection with the Challenge. Participants must refrain from trespassing on private property and Challenge Entities do not condone Participant’s actions in dangerous areas or situations that are inherently dangerous, excessively risky or that may involve certain health related risks, including risk of physical injury or death.
The potential Prize Winner will be required to show a valid photo ID onsite to confirm eligibility and will be required to verify address, sign, and return one or more Affidavit forms (as applicable) covering eligibility, liability, advertising and (unless prohibited by law) publicity rights and such other documents as Sponsor may provide (“Prize Acceptance Form”) and return as instructed in person. Failure of a potential winner to execute the Prize Acceptance Forms, as directed, may result in forfeiture of the Prize and selection of an alternate potential winner, if time permits. Participant must provide all information requested to be eligible receive a Prize. All information provided by Participant becomes the property of Sponsor. Sponsor reserves the right to disqualify any Participant that Sponsor determines to be in violation of any term contained in these Official Rules. The Challenge Entities shall not be responsible for incorrect, inaccurate or faulty information caused by any of the equipment or programming associated with or utilized in the Challenge or by any technical or human error which may occur in the processing of participation in the Challenge.
4. PRIZE: One (1) Prize is available. The Prize will only be awarded if an eligible Participant finds the Prize. If the Prize is not found, the Prize will not be awarded. The Prize consists of one (1) professional football player’s jersey and a selection of FOX Sports merchandise with an approximate retail value (“ARV”): $ 350.00.
ALL FEDERAL, STATE AND LOCAL TAXES, AND ANY OTHER COSTS AND EXPENSES, ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. Prize winner cannot assign or transfer any Prize to another person. No Prize substitution is allowed except at the discretion of Challenge Entities. If a Prize cannot be awarded due to circumstances beyond the control of the Challenge Entities, a substitute Prize of equal or greater retail value may be awarded. The ARV of any Prize represents Challenge Entities good faith determination of the maximum retail value thereof. No refunds or credit for changes are allowed. The ARV of the Prize is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the Prize is awarded or redeemed. The Prizes are awarded WITHOUT WARRANTY OF ANY KIND, express or implied, without limitation. If Prizes are awarded but unclaimed/forfeited by recipient, Prize may not be re-awarded, in Challenge Entities sole discretion. Other restrictions may apply.
5. CONDITIONS OF PARTICIPATION/RELEASES: Challenge is void where prohibited or restricted by law. All federal, state and local laws and regulations apply. By participating, each Participant agrees to be bound by these Official Rules and the decisions of the Challenge Entities, which shall be final in all respects. By participating in this Challenge and/or by accepting any Prize, each Participant agrees to release and indemnify the Challenge Entities, NFL Entities; each of their respective parent, subsidiary and affiliated companies, units and divisions and advertising and promotional agencies and Prize suppliers; each of their respective officers, directors, agents, representatives and employees; and each of these companies and individuals’ respective successors, representatives and assigns (collectively, the “Released Parties”) from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Challenge and/or acceptance, use, or misuse of any Prize. Acceptance of a Prize authorizes the Challenge Entities and their assigns to use his/her name, voice, likeness, biographical data, city, state, territory/province and country of residence and participation materials in programming or promotional material, throughout the universe in perpetuity, or on a winner list, if applicable, without further compensation unless prohibited by law. Challenge Entities are not obligated to use any of the above-mentioned information or materials but may do so and may edit such information or materials, at the Challenge Entities’ sole discretion, without further obligation or compensation. By entering the Challenge, Participants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Challenge, or any Prize awarded, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out‑of‑pocket costs incurred, including costs associated with entering the Challenge, but in no event will Participant’s attorneys’ fees be awarded or recoverable; and (3) under no circumstances will any Participant be permitted to obtain any award for, and Participant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out‑of‑pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. The Released Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by the Prize or resulting from acceptance, possession, use or misuse of a Prize, or from participation in the Challenge; (v) the Participant’s claim that he or she has somehow been defamed or portrayed in a false light or (vi) any printing, typographical, human administrative or technological errors in any materials associated with the Challenge. Challenge Entities assume no responsibility for any damage to an Participant’s computer system, which is occasioned by accessing the Website, or participating in the Challenge, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information. Challenge Entities reserve the right, in their sole discretion, to cancel, modify or suspend the Challenge (or any portion of the Challenge) should a virus, bug, computer problem, unauthorized intervention or other cause or problem corrupt or inhibit the administration, security or proper play of the Challenge and, in such situation, to select the winner(s) from eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by the Challenge Entities. Challenge Entities may prohibit you from participating in the Challenge or winning a Prize if, in their sole discretion, they determine you are attempting to undermine the legitimate operation of the Challenge by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other Participants or Challenge Entities representatives. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE CHALLENGE. SHOULD SUCH AN ATTEMPT BE MADE, CHALLENGE ENTITIES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
6. GOVERNING LAW: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF PARTICIPANTS OR THE CHALLENGE ENTITIES IN CONNECTION WITH THE CHALLENGE OR IN CONNECTION WITH ANY SUBMISSION OR OTHER MATERIAL SUBMITTED IN CONNECTION WITH THE CHALLENGE, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THESE RULES SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION. IN THE EVENT THAT ANY PROVISION IS DETERMINED TO BE INVALID OR OTHERWISE UNENFORCEABLE OR ILLEGAL, THESE RULES SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR ILLEGAL PROVISION WERE NOT CONTAINED HEREIN.
IN NO EVENT WILL THE CHALLENGE ENTITIES, THEIR PARENT, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES, WEB MASTERS/SUPPLIERS, VENDORS, CONTRACTORS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF PARTICIPANT’S PARTICIPATION IN THE CHALLENGE. WITHOUT LIMITING THE FOREGOING, ALL PRIZES, THE CHALLENGE AND THE WEBSITE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE CHALLENGE ENTITIES HEREBY EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE RIGHT IS RESERVED TO SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
7. ARBITRATION PROVISION: By participating in this Challenge, each Participant agrees that any and all disputes the Participant may have with, or claims Participant may have against, the Released Parties relating to, arising out of or connected in any way with (i) the Challenge, (ii) the awarding or redemption of any Prize, and/or (iii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively by final and binding arbitration administered by the National Arbitration Forum (the “Forum”) and conducted before a sole arbitrator pursuant to the Code of Procedure established by the Forum. The arbitration shall be held at a location determined by the Forum pursuant to the Code of Procedure, or at such other location as may be mutually agreed upon by the Participant and Sponsor. The arbitrator’s decision shall be controlled by these Official Rules and any of the other agreements referenced herein that the applicable Participant may have entered into in connection with the Challenge. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the Participant’s and/or Sponsor’s individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator shall not have the power to award special or punitive damages against the Participant or Released Parties. For more information on the Forum and/or the Forum’s Code of Procedure, please visit their website at www.arb-forum.com. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.
8. PRIVACY POLICY: Any personal information supplied by you to Sponsor will be subject to Sponsor’s privacy policy posted at http://www.foxsports.com/privacy-policy. By entering the Challenge, you grant Sponsor permission to share your email address and any other personally identifiable information with the other Challenge Entities for the purpose of Challenge administration and Prize fulfillment. Sponsor will not sell, rent, transfer or otherwise disclose your personal data to any third party other than as described herein or in accordance with Sponsor’s privacy policy.
9. SPONSOR: Fox Sports Interactive Media, LLC, 12181 Bluff Creek Drive, Playa Vista, CA 90094.
10. ADMINISTRATOR: Creative Zing Promotion Group, 2265 Lee Rd., Suite 229, Winter Park, FL 32789.
11. WINNER LIST/RULE REQUESTS: For the winner list or a copy of these Official Rules, mail a self-addressed, stamped envelope to: “Great Brady Heist Challenge” Winner List or Rules, 2265 Lee Rd., Suite 229, Winter Park, FL 32789 by April 1, 2020.
