Youth Inc. Newsletter Sign Up Sweepstakes Official Rules
VOID WHERE PROHIBITED BY LAW.
NO PURCHASE NECESSARY TO ENTER OR WIN.
POTENTIAL WINNER MAY BE REQUIRED TO PARTICIPATE IN THE PRIZE FULFILLMENT PROCESS, INCLUDING COMPLETING AND RETURNING WINNER DOCUMENTS WITHIN TEN (10) DAYS, AS MORE FULLY DETAILED BELOW.
BY TAKING ANY STEP TO PARTICIPATE IN THE SWEEPSTAKES (DEFINED BELOW), YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE OFFICIAL RULES AND DECISIONS OF SPONSOR, WHICH GOVERN ALL ASPECTS OF THE SWEEPSTAKES.
1. OVERVIEW: The Youth Inc. Newsletter Sign Up Sweepstakes (“Sweepstakes”), is sponsored by Youth Sports Commerce Inc. (“Sponsor”). The Sweepstakes consists of a series of weekly chances to win a prize beginning at 12:00:00pm Eastern Time (“ET”) on the date first publicly announced on youth.inc and ending when Sponsor discontinues messaging that offers the chance to win on its newsletter sign up page or otherwise announces an end date and time for the Sweepstakes there (the “Sweepstakes Period”). The Sweepstakes is governed by these official rules (“Official Rules”) and is void wherever prohibited by law.
2. ELIGIBILITY: This Sweepstakes is open to legal residents of any one (1) of the fifty (50) United States and the District of Columbia (“Territory”) who are eighteen (18) years of age or older and the age of majority in their jurisdiction of residence at the time of entry and who meet the entry requirements below. Employees, investors, officers, directors, members, managers, agents, and representatives of Sponsor or any other entities participating in the design, promotion, marketing, administration, or fulfillment of this Sweepstakes, or any of their respective corporate partners, parent companies, divisions, subsidiaries, affiliates, successors in interest, and advertising, promotion, and public relations agencies (collectively, the “Released Parties”), and the immediate families (defined as any spouse, partner, parent, legal guardian, sibling, child, grandparent, or grandchild, regardless of where they reside) and members of the same household (whether legally related or not) of each such individual, are ineligible to participate or win the prize in this Sweepstakes.
By participating in this Sweepstakes, you represent that you meet the eligibility criteria, and that you agree to be unconditionally and fully bound by these Official Rules.
3. HOW TO ENTER: During the Sweepstakes Period, eligible individuals must subscribe to Youth Inc.’s newsletter (for example, by visiting youth.inc, following links to “Get Newsletter”, and submitting their valid email address). Eligible individuals who comply with these Official Rules in Sponsor’s sole discretion will receive one (1) entry into each Sweepstakes drawing (“Entry”). Once obtained, Entries are automatically included in all weekly drawings unless the entrant unsubscribes from the newsletter, wins, or the Sweepstakes is terminated. No purchase or payment is required to enter or win.
By entering the Sweepstakes, you will be subscribed to receive marketing emails from Sponsor. You can unsubscribe from marketing emails at any time by following the unsubscribe link in each marketing email from Sponsor. If you unsubscribe, you will not be included in the next or any subsequent prize drawings.
Limit one (1) entry per person and per email address. Proof of submitting information (such as, without limitation, a printed, saved or copied screen or message) does not constitute proof of Sponsor’s actual receiving of the information for purposes of the Sweepstakes. Entries may not be acknowledged. Those who do not provide the required responses or entry information in their entry or abide by these Official Rules and other instructions of Sponsor and its representatives may, in Sponsor’s sole discretion, be disqualified and the associated entry void. Attempts made by an entrant to submit entries in excess of any limit or otherwise in violation of these Official Rules by using multiple or false contact information or otherwise may be disqualified. Purported entries that are forged, altered, incomplete, lost, late, misdirected, mutilated, illegitimate, unintelligible, garbled, or generated by a macro, bot, or other automated means will not be accepted and will be void. Entries or participation made on an entrant’s behalf by any other individual, made by any entity or group, or originating at any website or online service other than the Sponsor’s site, including, without limitation, through commercial promotion subscription notification or entering services, will be declared invalid and disqualified for the Sweepstakes. No Released Party will have any responsibility or liability for any dispute regarding any entrant. In the event that any dispute regarding an entry cannot be resolved to Sponsor’s satisfaction, the entry will be void.
4. WINNER SELECTION/NOTIFICATION: During the Sweepstakes Period, one (1) potential winner will be selected in a random drawing from among all then-current subscribers of Sponsor’s newsletter as of 12:00:00pm ET each Tuesday during the Sweepstakes Period. Odds of winning depend on the number of eligible newsletter subscribers at the deadline for that drawing. Winner can only win one time during the Sweepstakes Period. The entrant selected as a potential winner for the Sweepstakes will be notified by email within approximately two (2) business days of the drawing, using the email address provided. In the event the potential winner selected (a) is deemed ineligible, (b) fails to comply with these Official Rules, (c) does not respond to notification within ten (10) days, (d) is not available to claim the prize, the Prize may be awarded to an alternate winner, as determined by Sponsor within its sole and absolute discretion, even if the winner has been publicly announced as a potential winner on Instagram or via other means.
If any prize, prize notification, or Sweepstakes-related communication is rejected, faulty, or undeliverable; if winner does not respond according to the notification’s or Sponsor’s instructions; or if winner fails to comply with these Official Rules, the prize may, in Sponsor’s sole discretion, be forfeited and an alternate winner may be selected (time permitting) based on the original method of winner selection or other method that is fair in Sponsor’s sole discretion. Sponsor is not obligated to pursue more than three (3) alternate winners for any prize for any reason, in which case such prize may go unawarded. Sponsor reserves the right to modify the notification procedures and applicable deadlines for responding in connection with the selection of any alternate potential winner, if any. If the prize is legitimately claimed, it will be awarded. Upon prize forfeiture or inability to use a prize or portion thereof, no compensation will be given and Sponsor will have no responsibility or liability to the winner. To claim a prize, winner must follow the directions in these Official Rules, the winner notification and as otherwise communicated by Sponsor. Winner will, in Sponsor’s sole discretion, be required to complete, sign, notarize (if applicable), and return, without alteration and in the form presented by Sponsor, an affidavit of eligibility and liability/publicity release and tax forms (as applicable) (collectively, the “Winner Documents”) according to Sponsor’s instructions within ten (10) business days from when Sponsor sends the Winner Documents or other time frame as specified by Sponsor or its representative. The Winner Documents, if required, are each subject to verification by Sponsor. Failure to comply with these requirements, Sponsor’s or its representative’s instructions, or these Official Rules may, in Sponsor’s sole discretion, result in disqualification from the Sweepstakes and forfeiture of any prize potentially won. Decisions of the Sponsor are final on all matters relating to the Sweepstakes, including interpretation of these Official Rules, determining the winners, and awarding of the prizes.
5. PRIZE, ODDS & APPROXIMATE RETAIL VALUE (“ARV”): Each week throughout the Sweepstakes Period, one (1) winner will be selected to receive, subject to verification, a unique promo code good for 90 days that will allow the winner to use up to $300 to order one (1) item on the Youth Inc. website including shipping and taxes. The item, shipping, and taxes cannot exceed $300. Approximate retail value (ARV) of each weekly prize: Up to $300. Prize promo code must be used within ninety (90) days or will be forfeited.
Odds of winning depend upon the number of eligible entries received. Prizes are non-transferable, non-assignable, and no substitutions or cash equivalents are permitted, except at the sole discretion of Youth Inc. All prize details not specifically stated in these Official Rules will be determined by Sponsor in its sole discretion. Any taxes (federal, state, and local) arising from receipt of the prize, as well as any expenses in excess of the prize amount are the sole responsibility of winner. Sponsor is not responsible for and will not replace any lost, mutilated, or stolen prize, or any prize that is undeliverable or does not reach a winner because of incorrect or changed contact information. If winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. Sponsor is not responsible for any inability of any winner to accept or use any prize (or portion thereof) for any reason. Winner is strictly prohibited from selling, auctioning, trading or otherwise transferring any part of a prize, except with Sponsor’s permission, which may be granted or withheld for any reason in its sole discretion. No transfers or prize substitutions will be made, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the stated prize or portion thereof with another prize or portion thereof of equal or greater value for any reason. No more than the stated prize will be awarded. Winner waives the right to assert as a cost of winning any prize, any and all costs of verification and redemption and any liability and publicity which might arise from claiming or seeking to claim a prize.
6. PRIVACY POLICY: Any personal information supplied by entrants to Sponsor or its affiliates will be subject to Sponsor’s Privacy Policy (located at https://www.youth.inc/privacy), including our Notice of Financial Incentive in Section 12.
7. GENERAL CONDITIONS: Sponsor’s decisions will be final in all matters relating to this Sweepstakes, including interpretation of these Official Rules, determination of any winner, and awarding of any prize. All participants, as a condition of entry in the Sweepstakes, agree to be bound by these Official Rules and the decisions of Sponsor. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. Participants further agree to not damage or cause interruption of the Sweepstakes and/or prevent others from using Sponsor’s site or receiving its newsletters. Sponsor reserves the right to restrict or void online entries or participation from any IP address if any suspicious entry and/or participation is detected. Sponsor reserves the right, in its sole discretion, to void entries of any entrants who Sponsor believes have attempted to tamper with or impair the administration, security, fairness, or proper play of the Sweepstakes. Sponsor’s failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy, or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and/or these Official Rules (including any alleged discrepancy in these Official Rules), it will be resolved by Sponsor in its sole discretion. Entrants waive any right to claim ambiguity in any Sweepstakes materials, or these Official Rules. If Sponsor determines, at any time and in its sole discretion, that a winner or potential winner is disqualified, ineligible, in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to disqualify that winner or potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere. The invalidity or unenforceability of any provision of these Official Rules will 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 Official Rules will otherwise remain in effect and will be construed in accordance with their collective terms as if the invalid or illegal provision were not contained herein. If the Sweepstakes is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes at any time and award the prize from eligible entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor. If any person supplies false information, obtains entries by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize, Sponsor may disqualify that person and seek damages from them and that person may be prosecuted to the full extent of the law. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF A SWEEPSTAKES VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
8. DISCLAIMERS: Released Parties are not responsible or liable for multiple entries, entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), or for entries that are illegible, late, tampered with, forged, incomplete, misdirected, deleted, damaged, lost, misplaced, stolen, destroyed, dropped, inaccessible, corrupted, jumbled, or otherwise not in compliance with these Official Rules and such entries will be disqualified. By entering the Sweepstakes, entrants agree and acknowledge that Released Parties will have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury, or death) in connection with participation in this Sweepstakes; human error; incorrect or inaccurate transcription of entry information; acceptance/possession, use/misuse, and/or defects of a prize awarded; typographical errors in promotional material; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, internet service provider(s); interruption or inability to access any website (or Sponsor’s inability to access content on any website), or any website or online service via the internet due to hardware or software compatibility problems; wireless network dead zones or obstructions; any damage to an entrant’s (or any third person’s) computer/mobile device, and/or its contents related to or resulting from any part of this Sweepstakes or from entering or downloading materials/software in connection with the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, defects or any other errors or malfunctions even if caused by the negligence of a Released Party. Entrants hereby acknowledge that no Released Party has made nor is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize, including express warranties provided exclusively by a prize supplier that are sent along with a prize. Released Parties will not be liable for any injury, damage, loss, expense, accident, delay, inconvenience, or irregularity that may be caused by or have contributed to: (1) any wrongful, negligent, or unauthorized act or omission on the part of prize supplier(s) (if applicable) or any of its agents, servants, employees, or independent contractors, (2) any wrongful, negligent, or unauthorized act or omission on the part of any other person or entity not an employee of a Released Party, or (3) any other cause, condition or event whatsoever beyond the control of a Released Party. Without limiting any other provision in these Official Rules, Released Parties are not responsible or liable to any Winner or any person claiming through such Winner for failure to supply the prize or any part thereof in the event that any of the Sweepstakes activities or Released Parties’ operations or activities are affected, as determined by Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above.
9. JURISDICTION AND APPLICABLE LAW: You and Sponsor both agree that that any claim or dispute regarding Sponsor will be resolved exclusively in a Delaware court governed by the laws of the State of Delaware, without respect to its conflict of laws principles. The exclusive place of jurisdiction for all disputes arising from or in connection with this Sweepstakes is Delaware.
10. LIMITATION OF LIABILITY: Each participant hereby acknowledges and agrees that the relationship between them and any Released Party is not a confidential, fiduciary, or other special relationship, and that their decision to participate for purposes of the Sweepstakes does not place any of the Released Parties in a position that is any different from the position held by members of the general public, other than as set forth in these Official Rules.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTICIPANT AGREES TO RELEASE, HOLD HARMLESS, AND INDEMNIFY THE RELEASED PARTIES FROM AND AGAINST ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE OF THE SWEEPSTAKES, SPONSOR’S WEBSITE, EMAILS, OR LINKS, OR THE ACCEPTANCE, USE, MISUSE, OR AWARDING OF A PRIZE OR WHILE PREPARING FOR, OR PARTICIPATING IN ANY PRIZE- OR SWEEPSTAKES-RELATED ACTIVITY INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, LOSS, DEATH OR ACCIDENT TO OR OF PERSON OR PROPERTY. THE PRIOR LIMITATION ON DAMAGES IS NOT INTENDED TO LIMIT ANY RELEASED PARTY’S OBLIGATION (IF ANY) TO PAY PREVAILING PARTY COSTS OR FEES IF RECOVERABLE PURSUANT TO APPLICABLE LAW. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE ANY RELEASED PARTY’S LIABILITY FOR PERSONAL INJURY OR TANGIBLE PROPERTY DAMAGE CAUSED BY THE RELEASED PARTY, OR FOR THE RELEASED PARTY’S GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL, WILLFUL, MALICIOUS, OR RECKLESS MISCONDUCT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH WINNER AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, THEIR QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
ENTRANTS UNDERSTAND AND AGREE THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
11. SEVERABILITY AND HEADINGS: If any provision of these Official Rules is found to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Official Rules and will not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience or reference and will not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision in these Official Rules.
12. WINNERS’ LIST/OFFICIAL RULES: A copy of these Official Rules is available online during the Sweepstakes Period by visiting https://www.youth.inc/rules. For information about who won or a copy of the Official Rules, send an email to rules@youth.inc with the subject line “Youth Inc. Newsletter Sign Up Sweepstakes” and either “Rules” or “Winners” (specify which). If you are requesting winners, you must list the time period of the drawing(s) for which you want the winners. Requests must be received no later than three (3) months after the end of the Sweepstakes Period.
13. SPONSOR: Youth Sports Commerce Inc., 1900 Market Street, Philadelphia, PA 19103.