Kit Kat® Rivalry Weekend Ticket Contests
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. INTERNET ACCESS AND AN APPLICABLE SOCIAL MEDIA ACCOUNT ARE REQUIRED FOR ENTRY. SUBJECT TO ALL FEDERAL, STATE, MUNICIPAL, AND LOCAL LAWS, REGULATIONS, AND ORDINANCES.
The four Kit Kat® Rivalry Weekend Ticket Contests (collectively, the “Contests” and each a “Contest”) are sponsored and administered by LA Esports, LLC (“Sponsor”), 11460 W. Washington Boulevard, Los Angeles, CA 90066.
Eligibility: The Contests are open only to legal residents of the 50 United States and the District of Columbia who are at least 18 years old at the time of entry or, if the age of majority in their jurisdiction of residence is over 18, the age of majority in their jurisdiction of residence. Void in Puerto Rico and where prohibited by law. All applicable federal, state and local laws apply. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Agreement to Rules: By participating as a contestant, you agree to be fully unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements. In addition, you agree to accept the decisions and judging of Sponsor as final and binding as it relates to the content of the Contests.
Start/End Dates: The start and end dates for the Contests are as follows:
a) Rivalry Meme Contest: Submissions will be accepted online starting at 11:00 a.m. Pacific Time (“PT”) on July 21, 2019 and ending at 5:00 pm PT on July 26, 2019;
b) Rivalry Video Submission: Submissions will be accepted online starting at 11:00 a.m. PT on July 28, 2019 and ending at 5:00 pm PT on August 2, 2019;
c) Fan-Made Sign Contest: Submissions will be accepted online starting at 11:00 a.m. PT on August 11, 2019 and ending at 5:00 pm PT on August 16, 2019; and
d) Match Graphic Contest: Submissions will be accepted online starting at 11:00 a.m. PT on August 18, 2019 and ending at 5:00 pm PT on August 23, 2019.
How to Enter:
a) Entry in the Contests does not require a payment or a purchase of any kind. To enter a Contest, you must have a Twitter account. If you do not have one of those accounts, you may create one for free by visiting the Twitter website. By submitting your information and creating an account, you agree to the terms of use and privacy policy of the applicable service. If you do not agree to such terms of use and privacy policy, you cannot create an account or participate in the Contests. If you are using your mobile device to enter a Contest, charges, including message and data rates, may apply. You should consult your wireless service provider regarding its pricing plans.
b) Each of the Contests must be entered by submitting an entry via your Twitter account. The requirements for submission for each of the Contests (a “Submission”) are as follows:
The themes of the Contests:
Rivalry Meme Contest: A meme depicting your favorite Overwatch League rivalry;
Rivalry Video Submission: A video talking about your favorite Overwatch League rivalry;
Fan-Made Sign Contest: A depiction of a fan-made sign the you would bring to the Kit Kat® Rivalry Weekend event (the “Event”); and
Match Graphic Contest: Artwork for the “Battle of LA (LA Valiant vs. LA Gladiators) that could be used at the event and in the broadcast of the Event.
ii. Each Submission must also: (i) tag both @LAValiant and @KitKAt_US in the post; and (ii) include the hashtag #TheFinalStand in the post.
c) Your Submission must be your original idea and your original work (modification of an another’s original work is not an original idea). Your Submission must comply with the applicable community guidelines, terms of use, and any other binding terms on the applicable social media platform. Your Submission must not include materials (language, phrases, quotations, artwork, etc.) belonging to or copyrighted by third parties. Your Submission must not have been previously published or otherwise exhibited. You should not copy or re-post other persons' submissions or content. Your Submissions must not contain any material that infringes upon any personal, proprietary, or any other right of any third party. Without limiting the foregoing, your Submission must not include reference to, or images, names or likenesses of, third parties, including but not limited to minors, celebrities and friends, who have not expressly authorized entrant to display their image or likeness in any submitted application or otherwise use such references, names, images or likenesses in accordance with these Rules. If your Submission contains an identifiable person other than you, then by submitting the Submission, you represent and warrant that you have obtained the consent of such person to the use of the Submission as outlined herein and such person may be required to provide written consent to the use of the Submission by Sponsor or any other Released Party (as defined below). Your Submission must not contain any obscene or otherwise objectionable material (as determined by Sponsor in its sole discretion). Your Submission must be relevant to the theme of the applicable Contest and cannot disparage or adversely affect the goodwill and business reputation of Sponsor, Kit Kat® Rivalry Weekend, and/or their sponsor or supplier partners, including Kit Kat®. The Submission must not contain any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation. Your Submission must not contain any material that: (a) would give or threaten to give rise to criminal or civil liability; (b) encourages conduct that constitutes a criminal offense; (c) encourages or provides instructional information about illegal activities or (d) references any brand name products with the exception of Sponsor and Kit Kat®. You acknowledge that you will not receive any compensation of any kind for your Submission or participation in any Contest. Submissions generated by script, macro or other automated means are void, as are Submissions that are illegible, garbled, incomplete, or that contain errors. Normal time, toll, connection and usage rates, if any, charged by your Internet service provider will apply. Sponsor reserves the right, in its sole and unfettered discretion, to disqualify any Submission that it believes is inappropriate or not suitable for publication, that does not comply with these Rules, or that is not consistent with the spirit or theme of the Contests.
d.) EACH SUBMISSION BY CONTEST PARTICIPANT SOLELY REPRESENTS THE VIEWS/OPINIONS OF THE APPLICABLE PATICIPANT, AND IT DOES NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR OR ITS SPONSOR OR SUPPLIER PARTNERS, INCLUDING KIT KAT®, IN ANY MANNER. SPONSOR DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH SUBMISSIONS POSTED BY PROSPECTIVE PARTICIPANTS, INCLUDING ANY LIABILITY FOR MODERATING, MONITORING, OR REVIEWING POSTED SUBMISSIONS. SPONSOR WILL NOT EDIT OR MODIFY ANY POSTED COMMENT IN CONJUNCTION WITH THE CONTESTS.
e.) Each Submission must fulfill all of the requirements applicable to the Contest, as specified, to be eligible to win a prize. You may enter each Contest only once. You must provide the information requested. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the Rules. Bulk, automated and/or third-party Submissions are prohibited and will be disqualified. Multiple participants are not permitted to share the same email address or account. Any attempt by any participant to obtain more than the stated number of Submissions by using multiple and/or different identities, accounts, registrations, email addresses, logins, or any other methods will void that participant’s Submissions, and that participant may be disqualified at Sponsor’s discretion. In the event of a dispute as to any Submission, the authorized account holder of the email address associated with the pertinent account will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the prize. Submissions that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Rules may be disqualified from the Contest at Sponsor’s sole and absolute discretion. All potential winners are subject to verification before any prize will be awarded. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply.
f.) By submitting a Submission and entering a Contest, you grant Sponsor a non-exclusive, royalty-free, perpetual, irrevocable right to reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, feature and otherwise use the Submission, without restriction and without compensation, notification, or additional consent from you or any third party. Such rights specifically include, without limitation, the right and ability to re-post and re-distribute the Submission in connection with promotional and marketing activities of Sponsor and its sponsor and supplier partners, including, without limitation, Kit Kat®, in any and all forms of media, and the right and ability to display and use the Submission at, and in connection with the broadcast of, the Event. You warrant that you have the sole and exclusive right to grant such rights to Sponsor, and that the Sponsor's reproduction, publishing, displaying, and/or other use of the Submission will not infringe on any rights of third parties, including, but not limited to, copyright, trademark, privacy, or publicity rights, or create claims for breach of contract, anywhere in the world. You agree that Sponsor shall have no obligation to copy, publish, display, or otherwise exploit the Submission.
g.) By submitting a Submission and entering a Contest, you acknowledge and agree that you will clearly and conspicuously disclose that you are participating in a Contest in any online social sharing interaction that references the Contest or is used to obtain Submissions in connection with the Contest.
6. Prizes: There will be one winner (the “Winner”) selected for each Contest. The Winner will receive two general admission standing-room-only tickets to one day of the Kit Kat® Rivalry Weekend event taking place at The Novo (800 W. Olympic Boulevard, Los Angeles, CA 90015) on August 24, 2019 and August 25, 2019. Winner may select which day of the event to attend. The value of each ticket awarded to the Winner is $20. No cash or other prize substitution shall be permitted except at Sponsor’s discretion. The prizes are nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for the Sponsor and its designees to use Winners’ names, cities, states, likenesses, voices, biographical information, Submissions and other statements for purposes of advertising, promotion, and publicity in any and all media, now or hereafter known, throughout the world in perpetuity without additional compensation, notification or permission, except to the extent prohibited by law.
7. Odds: The odds of winning depend on the number of eligible Submissions received.
8. Winner Selection and Criteria. Each Winner will be selected by a designated panel of Sponsor’s staff according to the following submission criteria: (a) creativity and originality; (b) artistry; (c) quality of content and materials; (d) the reflection of the sincerity and extent of your Overwatch League fandom; and (e) adherence to the applicable theme.
9. Winner Notification: The Winner of each Contest will be notified by direct message through the applicable social media medium on the following dates: (a) Winner of the Rivalry Meme Contest on July 26, 2019; (b) Winner of the Rivalry Video Submission Contest on August 2, 2019; (c) Winner of the Fan-Made Sign Contest on August 16, 2019; and (d) Winner of the Match Graphic Contest on August 23, 2019. IT IS YOUR SOLE RESPONSIBILITY TO CONFIGURE YOUR SOCIAL ACCOUNT PRIVACY SETTINGS SO AS TO ACCEPT PRIVATE MESSAGES FROM SPONSOR. The potential Winners must promptly respond to the Winner’s notification message in order to ensure sufficient time for delivery of the prize in time for the Event. Sponsor shall have no liability for a Winner’s failure to receive notices via direct messages for any reason. If a Winner cannot be contacted, is ineligible, or fails to claim the prize in time for the Event, the prize may be forfeited and an alternate Winner may be selected. Winners may be required to complete and execute a declaration and release documentation in connection with receiving prizing. Receipt by a Winner of the prize offered in a Contest is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE RULES BY A WINNER WILL AT SPONSOR’S SOLE DISCRETION RESULT IN THE WINNER’S DISQUALIFICATION AS WINNER OF THE CONTEST, AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.
10. Other Term and Rules.
a. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend a Contest or all Contests should virus, bug, non-authorized human intervention, fraud, or other cause beyond Sponsor’s control corrupt or affect the administration, integrity, security, fairness, or proper conduct of a Contest, as determined by Sponsor in its sole discretion. In such case, Sponsor may select the Winner from all eligible Submissions received prior to and/or after (if appropriate) the action taken by Sponsor in a manner determined by Sponsor, in its sole discretion, to be fair, appropriate and consistent with these Rules. In the event a Contest is cancelled prior to the stated end date, a notice will be posted on the Sponsor’s official Twitter account.
b.) Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of a Contest or violates these Rules. Sponsor has the right, in its sole discretion, to maintain the integrity of the Contests, to void Submissions for any reason, including, but not limited to, multiple Submissions by the same person in the same Contest or the use of bots, macros, scripts, or other technical means for entering a Contest.
c.) Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the Contests is a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to seek damages from any such entrant to the fullest extent permitted by law, including criminal prosecution.
d.) Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that provision.
11. Release and Limitation of Liability.
a.) By submitting and Submission and participating in a Contest, you (i) agree to release and hold Sponsor and its sponsor and supplier partners, including, without limitation, Kit Kat®, and their parent, subsidiary, and affiliate companies, and each of their respective owners, officers, directors, directors, and employees, along with Instagram, Twitter, and Facebook (collectively, the “Released Parties”), harmless against any and all claims and liability arising in whole or in part, directly or indirectly, out of (1) participation in the Contests; (2) misuse, nonuse, or use of any prize; (3) unauthorized human intervention in any part of the entry process or the Contest; or (4) electronic or human error in the administration of the Contest or the processing of Submissions; (ii) waive all rights to claim punitive, incidental, consequential, and multiple damages, attorneys' fees, or any damages other than actual out-of-pocket costs incurred to enter a Contest; and (iii) agrees to be bound by these Rules.
b.) Released Parties are not responsible for (i) incomplete, lost, late, damaged, inaccessible, corrupted, inaccurate, illegible, misdirected, garbled, delayed or undelivered Submissions; (ii) any technical, mechanical, printing, typographical, human or other error relating to or in connection with the Contests, including, without limitation, errors which may occur in the administration of the Contests, the processing of Submissions, the announcement of the prizes or in any Contest-related materials; (iii) technical hardware or software malfunctions or failures of any kind, lost, unavailable network connections, or failed, incomplete, garbled or delayed computer transmission, which may limit the ability to participate; or (iv) any liability for damage to any computer system or mobile device resulting from participating in, or accessing or downloading information in connection with the Contests.
12. No Warranties. Sponsor makes no warranties regarding the prizes furnished as part of the Contests. Without limiting the foregoing, everything regarding the Contests, including the web site and all prizes, are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusion of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
13. Governing Law and Disputes. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or your rights and obligations in the Contests, Sponsor, and/or any of the Released Parties shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice of law or conflict of law rules or provisions which would cause the application of the laws of any jurisdiction other than the State of California. All actions, proceedings, or litigation relating hereto will be instituted and prosecuted solely within the State of California, County of Los Angeles. You consent to the jurisdiction of the state and federal courts of California with respect to any action, dispute, or other matter pertaining to or arising out of the Contests.
14. Privacy Policy. Information submitted with an entry in any Contest is subject to the Privacy Policy stated on the Sponsor’s website.
15. No Implied Endorsement. The names of individuals, groups, companies, products and services mentioned herein, and any corresponding likenesses, logos and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group or company, including Instagram, Twitter, and Facebook, or the inclusion of a product or service as the prize, does not imply any association with or endorsement by such individual, group or company or the manufacturer or distributor of such product or service and, except as otherwise indicated, no association or endorsement is intended or should be inferred. The Contests are in no way sponsored, endorsed, or administered by, or associated with, Instagram, Twitter, or Facebook.