NOTICE REGARDING DISPUTE RESOLUTION. THESE OFFICIAL RULES CONTAIN TERMS THAT GOVERN HOW CLAIMS BETWEEN YOU AND US RELATING TO YOUR PARTICIPATION IN ANY GAME WILL BE RESOLVED FOR EXAMPLE, SECTION 7 CONTAINS AN ARBITRATION AGREEMENT AND WAIVER OF CLASS ACTION WHICH STATES THAT WE MUST ARBITRATE INSTEAD OF GOING TO A COURT BEFORE A JUDGE AND JURY AND THAT ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.
NO PURCHASE OR DONATION NECESSARY TO ENTER OR WIN. A PURCHASE OR DONATION DOES NOT IMPROVE YOUR CHANCES OF WINNING.
These Official Rules provide the general rules applicable to each game in the All In Challenge charitable game (each a “Game”). Each Game will have additional rules located on the Game Microsite (as defined below) under “And Now, A Word From Our Lawyers”, which supplement or supersede parts of these Official Rules. Any reference in these Official Rules to "Official Rules" with respect to any Game shall be deemed to be a reference to these Official Rules and the additional rules under “And Now, A Word From Our Lawyers” for such Game, taken as a whole. In the event of any conflict or inconsistency between these Official Rules and the rules or other information provided under “And Now, A Word From Our Lawyers” on a Game microsite for any Game, the rules or such other information posted on the Game microsite under “And Now, A Word From Our Lawyers” shall govern.
Each Game may only be entered in or from the 50 United States and the District of Columbia and Canada (excluding the province of Quebec). Entries originating from any other jurisdiction are not eligible to win the Grand Prize. Each Game is governed exclusively by the laws of the jurisdictions in which entry is permitted.
1. Eligibility. Participants ("Participants") in any Game can only be legal residents of the 50 United States and the District of Columbia and Canada (excluding the province of Quebec) who are 18 (or for Canadian residents the age of majority in province of residence) years of age or older, unless as otherwise specified on the applicable Game Microsite . Void in the province of Quebec, outside of the 50 United States and the District of Columbia, Canada, and where otherwise prohibited or restricted by law. Employees, officers and directors of All In Challenge Foundation (“Sponsor”), Fanatics, Inc. and its affiliates (“Fanatics”) as agent for Sponsor, where applicable, and any celebrity, brand, or prize partners involved with a particular game (the “Celebrity / Brand Partners”), or any Charity Partners (defined below, and together with the Celebrity / Brand Partners and Fanatics, collectively, the “Partners”) involved in a particular Game, any of their respective affiliates, advertising and promotion agencies used by Sponsor in connection with such Game, or manufacturers, distributors or providers of promotion materials or Prizes (defined below) offered for any particular Game, or any of their immediate families (parents, children, siblings, spouse) and/or members of the same household (whether related or not) of such employees/officers/directors are not eligible to participate. All applicable federal, state, provincial and local laws and regulations apply.
2. How to Enter. Each Game will have a starting date and time and ending date and time (the "Eligibility Period") as specified under the “And Now, A Word From Our Lawyers” section of the Game on the applicable Game site (each, a “Game Microsite”) of the All In Challenge website (the “Site”). Participants will automatically have one or more chances to win the applicable Prize when they make a donation to the All In Charitable Foundation and/or the applicable charities associated with a particular experience (the "Charity Partners"). Participants can participate in a Game through the Game Microsite or by receiving a free Entry, in each case, as follows:
By entering, Participants fully and unconditionally agree to be bound by these Official Rules and the decisions of Sponsor, which will be final and binding in all matters relating to the Game.
Entrants are limited to the max number of entries offered in each Game during the Eligibility Period, regardless of the method of entry (the "Entry Limit"). No automated entry devices, bots and/or other programs and/or software are permitted for entry. Delivery of certain Prizes may require a street address (no P.O. Boxes) located within the 50 United States or the District of Columbia or Canada (excluding the province of Quebec). Sponsor is not responsible for lost, late, illegible, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled Entries, which will be disqualified, or for problems of any kind, whether mechanical, human or electronic. Only fully completed Entries are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor.
3. Winner Selection/Notification/Odds. The potential winner of any particular Game will be selected in a random drawing from among all eligible entries received (the "Potential Winner"). The drawing will take place on or about seven (7) business days following the end of the applicable Eligibility Period for the applicable Game, or as specified on the applicable Game Microsite. The drawing and awarding of the Prize will be conducted by Sponsor. The Potential Winner will be notified by telephone call or email. Note: phone messages will not be left during the Winner notification process. If the Sponsor/Administrator is unsuccessful in its attempt to reach and speak directly with a potential winner by phone after two (2) attempts over a 48-hour period, then that potential winner may be disqualified, and an alternate potential winner may be randomly selected from among the remaining eligible entries and notified as per the procedures outlined in the official rules (time permitting). Confirmation of the identity of the Potential Winner will be undertaken by Sponsor, by whatever means Sponsor shall deem appropriate. If the Potential Winner is a Canadian resident, he/she will be required to correctly answer a time-limited mathematical skill-testing question in order to be declared the Winner. If the Potential Winner rejects the Prize, or is otherwise ineligible to receive the Prize, or fails to comply with these Official Rules, another Potential Winner will be chosen in a subsequent random drawing, assuming time permits given the dates and times of the applicable Prize. If for any reason a Winner chooses to reject any portion of any prize, Sponsor shall have no obligation to award the rejected or unclaimed portion of any Prize to an alternate winner.
The Winner and the Winner’s Guest(s) (defined below), if applicable, must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In order to receive the Prize, Winner and the Winner’s Guest (s), if applicable, must sign and return to Sponsor, within 24 hours of initial notification or the timeframe indicated in the official winner notification email (this may vary depending on the Prize) an affidavit/declaration of eligibility and liability/publicity release (except where prohibited by law), or any other document necessary to confirm eligibility, as determined by Sponsor, in its sole discretion. Sponsor reserves the right to conduct a background check on the Potential Winners and, if any Prize includes participation by one or more of Potential Winner, Potential Winner's guests or family members ("Potential Winner's Guest(s)"), the Potential Winner's Guest(s), and reserves the right in its sole discretion to disqualify any Potential Winner or Potential Winner's Guest(s) based on the results of such background check, if the Sponsor or its Partner determines in its sole discretion that awarding the Prize to such Potential Winner or Potential Winner's Guest(s) might reflect negatively on Sponsor or its Partners, put Sponsor or its Partners in danger or may impede Potential Winner or Potential Winner's Guest(s) entry into a destination country. Sponsor and its Partners are not obligated to share any specific results of background check with any Potential Winner or Potential Winner Guests, whether the background check resulted in a disqualification or not. Factors that could result in disqualification as a Winner or Winner's Guest(s) include, without limitation, having been convicted of a felony or misdemeanor, being delinquent on a government-ordered payment, such as child support, spousal support, alimony, tax payments, etc., or any other criminal or civil offense determined at the sole discretion of Sponsor. Where necessary to fulfill this requirement in any jurisdiction, Potential Winner and/or Potential Winner’s Guests must provide authorization and/or complete any forms reasonably required to facilitate such background check. If any Potential Winner cannot be contacted within 24 hours after the first attempt to contact him/her, or if he/she fails to sign and return the required documentation within the required time period, an alternate Participant will be selected in his/her place by random drawing. This process will continue until a valid Winner is found that complies with all the terms and conditions of these Official Rules, assuming time permits given the dates and times of the applicable Prize.
Odds of winning a Prize in a Game depend on the number of eligible Entries received in the corresponding Game.
4. Prizes. The Winner will receive the prize specified on the Game Microsite (the “Prize”). Timing for fulfillment of Prize (including travel if applicable) shall be as solely determined by Sponsor. The approximate retail value of any Prize will be specified on the Game Microsite. No substitutions or cash redemptions, except in the case of unavailability of the Prize, where Sponsor reserves the right, in Sponsor's sole discretion, to substitute a prize of equal or greater value. For example, Prizes are to be donated by Partners and other third parties to the All In Challenge Foundation and, as such, are subject to availability; if a Partner or other donor does not actually deliver a Prize to us, if such entity revokes or withdraws a Prize, or if the Prize is not otherwise made available to us, then we, as Sponsor will not be able to award the Prize.
Certain types of Prizes may have other restrictions or limitations, including without limitation as follows, unless otherwise specified on the Game Microsite:
(a) Prizes That Include a Travel Component:
(b) Prizes That Include Winning an Automobile, Boat, or other Vehicle: Sales tax, destination charges, freight, delivery, dealer prep, additional equipment, licensing, registration, insurance, title and all other expenses on the receipt and use of the prize vehicle are the sole responsibility of the Winner. The Winner of the prize vehicle is not eligible for any cash rebate programs. Interior/exterior colors of the vehicle will be determined by Sponsor in its sole discretion. Winner must have a valid driver's license proof of insurance to take delivery of prize vehicle and must take delivery of the vehicle at a dealership to be determined by Sponsor, in its sole discretion. Winner of vehicle prize agrees that neither Sponsor, its Partners, nor the vehicle manufacturer has made nor is responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prize vehicle, including but not limited to its quality, mechanical condition or fitness, except the prize vehicle does include the manufacturer's standard vehicle limited warranty as set forth in the vehicle's Owner's Guide. If the Prize is a lease of an automobile or other vehicle, Winner will be responsible for complying with the standard provisions of the applicable lease and shall be responsible for excess wear/use and mileage in excess of the miles specified in such lease at a cost per additional mile/km as set forth in such lease. Prize may be subject to availability restrictions in certain jurisdictions based on licensing, import, or other distribution restrictions. In such case, the Winner may be required to take a cash or other alternative instead.
(c) Prizes That Include Attending an Event: Tickets and seating are subject to availability. In the case the event is delayed or rescheduled for any reason, tickets for the delayed or rescheduled event may be provided in the sole discretion of Sponsor. In the case the event is cancelled for any reason, the remainder of the Prize, if any, will be awarded without the scheduled event. In the case of cancellation, Sponsor otherwise may substitute a prize of equal or greater value in its sole discretion. Winner's Guest(s) must be 18 or older or the Winner who accompanies them must be their parent or legal guardian, unless as otherwise specified on the applicable Game Microsite.
(d) Prizes That Include Meeting or Greeting any Person: Meet and greet portion of prize is subject to availability. In the case of unavailability, the remainder of the Prize, if any, will be awarded without the meet and greet portion.
(e) Prizes That Involve Participating in a Physical Event: Sponsor and/or event coordinators reserve the right to decline participation in the event to any Winner or Winner's Guest(s), if applicable, if it is deemed that individual is unfit, in an unsafe condition, acting in an unsafe matter, fails to meet the requirements of that particular component of the event (which may include, without limitation, height/weight restrictions or restrictions based on the health of the participant) or for any other reason as determined by Sponsor in its sole discretion. Sponsor may require Winner and Winner's Guest(s), if applicable, to be examined by a doctor or other appropriate medical professional prior to participation in the event.
(f) Prizes That Involve Acting/ Appearing in a Film, TV, or Other Production: This portion of any Prize is subject to the production occurring as scheduled, to approval of others associated with the production, and to the Potential Winner entering into third-party agreements (such as with an acting union, production company, or publishing platform, including agreements regarding confidentiality and background). Participation in such an acting opportunity does not guarantee any type or length of appearance or that such appearance will be included in the final production or that the production will be released at all.
(g) Other Restrictions: Prizes are non-transferrable and non-sellable, except at Sponsor's option, acting in its sole discretion. Any other restrictions that apply to a Prize for any Game will be set forth in the applicable Game Microsite. If Winner is under the age of majority in their state or province of residence, the applicable Prize will be awarded to the Winner's parent or legal guardian, and all applicable prize documents must be signed by the Winner's parent or legal guardian prior to award of Prize.
5. General Conditions. All federal, state and local taxes are the sole responsibility of Winner, and Winner acknowledges that the value of the Prize may be considered taxable income in some jurisdictions. If expressly indicated on the Game Microsite, in addition to the Prize, the Winner will receive a single cash payment in the form of a gift card or corporate check which is intended to assist with any federal, state, or other tax obligations related to the Prize (the "Tax Gross-Up Payment"). The Tax Gross-Up Payment, if applicable, may not be sufficient to cover the Winner's entire tax liability related to winning the Prize. The Winner is otherwise solely responsible for the payment of taxes to the relevant taxing authorities for all federal, state and local income taxes and any other taxes associated with the Prize and the related Tax Gross-Up Payment. Sponsor will comply with all tax reporting requirements. For US residents, a Form 1099 will be sent to the IRS (with a copy to the Winner) to report the combined value of the Prize and, if applicable, the Tax Gross-Up Payment, all of which is fully includible in the Winner's taxable income. Participation in the Game and/or acceptance of the Prize constitutes Winner's permission for Sponsor and/or the Partners to use his/her name, address (city and state/province/territory), likeness, photograph, picture, portrait, voice, biographical information and/or any statements made by Winner (including as paraphrased) regarding the Game or Sponsor for advertising and promotional purposes without notice or additional compensation, in any media now known or hereafter developed (including posting Winner's name on the Internet), except where prohibited by law. By participating, entrants, Winner and Winner's Guest(s), agree to release and hold harmless Sponsor, its Partners, its/ their advertising and promotion agencies involved with the Game, Facebook, Twitter, and each of their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in the Game, or possession, acceptance and/or use or misuse of the Prize, or participation in any Game-related activity and for any claims based on publicity rights, defamation, invasion of privacy or Prize delivery. Entrants who do not comply with these Official Rules, or attempt to interfere with the Game in any way shall be disqualified. Sponsor is not responsible for any printing, typographical, mechanical, technological, human or other errors in these Official Rules, in the administration of the Game, in the announcement of the Prize, and/or in any advertising or other associated promotional materials in connection with the Game.
In case of dispute as to the identity of any Participant, the Entry will be declared made by the Authorized Account Holder of the email address submitted at time of registration. "Authorized Account Holder" is defined as the natural person who is assigned an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address. Sponsor may ask any Winner to provide Sponsor with proof that such party is the Authorized Account Holder of the email address associated with the winning Entry. Any attempted form of participation in the Game, other than the methods stated, is prohibited; no automatic, programmed, robotic or similar means of participation or Entry are permitted. Sponsor, its affiliates, partners and promotion and advertising agencies are not responsible for technical, hardware, software, electronic, network, telephone or other communications malfunctions, errors or failures of any kind, errors in transmission, lost or unavailable network connections, telephone connections, wireless phone connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of registration or Entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed transmissions which may limit or restrict an entrant's ability to participate in the Game, including any injury or damage to entrant's or any other person's phone, or computer, or other matter relating to or resulting from participating in the Game or downloading any materials in the Game.
Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend a Game should (in its sole discretion) any virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Game. Sponsor is not responsible for cheating or fraud by any Participants. If cheating or fraud corrupts, or is suspected by Sponsor, in its sole discretion, to corrupt the fairness or integrity of the Game, Sponsor reserves the right, in its sole discretion, to cancel the affected Game and begin another Game, in which the Prize will be awarded. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds or suspects, in its sole discretion, to be tampering with the Entry process or the operation of the Game and/or any associated web site or mobile site. Sponsor may void a Participant's Entry without refund and prohibit the Participant from participating in the Game (and future promotions) or winning the Prize if, in its sole discretion, it determines or suspects that said Participant is attempting to undermine the legitimate operation of the Game by cheating, hacking, deception, or other unfair playing practices (including but not limited to the use of automated entry programs), or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives. Any Participant found to be violating these Official Rules may be prohibited from participating in current and future Games, in Sponsor's sole and absolute discretion.
CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
6. Governing Law. These Official Rules will be governed by federal and Delaware law, regardless of the conflict of law provisions thereof and regardless of where you live or from where you access or use the Game.
7. Arbitration; No Class Action. PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Use or accessing the Game constitutes your acceptance of this Arbitration provision.
As a condition Participating in any Game, each Entrant (“you” / “your”) and Sponsor (“we” / “us”) agree that any and all disputes, claims and causes of action (collectively, "Claims") arising out of or connected with such Game (except for small claims court Claims, if applicable) shall be resolved exclusively by binding arbitration under the rules of the American Arbitration Association ("AAA"), including the Supplementary Procedures for Consumer-Related Disputes, for full and final settlement of such Claim applying the Federal Arbitration Act and other federal arbitration laws. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT. YOU AND WE ALSO AGREE THAT (A) ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE, MEMBER OF OTHERWISE ON BEHALF OF OTHERS IN ANY PURPOSED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING AND NOT THROUGH ANY CLASS ACTION, (B) IF A CLAIM PROCEEDS IN COURT ANYWAY, WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL; AND (C) EITHER YOU OR WE MAY SEEK A COURT INJUNCTION REGARDING INTELLECTUAL PROPERTY INFRINGEMENT. ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY. Although court review of an arbitration award may be limited, an arbitrator is empowered to award the same damages and relief as a court, including injunctive relief or statutory damages. Notwithstanding the foregoing, either party may seek temporary or emergency equitable relief to enforce its rights in any court of competent jurisdiction.
You may seek arbitration of a Claim by contacting our registered agent at: Corporation Service Company, 1201 Hays Street, Tallahassee, FL 32301. The arbitration may be conducted via telephone, written submissions or in person in a mutually agreed location. Payment of all filing, administration, arbitrator and/or mediator fees ("Fees") will be governed by AAA's rules. The AAA's rules are available at: www.adr.org or call 800-778-7879 (toll-free) for instructions on how to obtain a copy. Unless the AAA arbitrator determines that your Claim was frivolous, we will (i) reimburse you for the Fees paid by you, and (ii) will not seek reimbursement from you for our attorneys' fees and costs associated with the arbitration. You and we further agree that an award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other proceeding except to enforce the award itself and any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Delaware, or the United States District Court for the District of Delaware. For any Claims that are not subject to arbitration, if any: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within the State of Delaware (the "Forum"), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) you and we waive any and all rights to trial by jury with respect to any Claims.
9. Winner's Name or Copy of Official Rules.To obtain the name of the winning Participant for any Game or for a copy of these Official Rules, send a self-addressed, postage stamped envelope no later than twenty (20) days after the applicable Game end date to: All In Challenge, P.O. Box 278, Woodbridge, NJ 07095. Please specify the name of the Game with your request and whether you are requesting official rules or a list of the winning Participant. Canadian residents may omit return postage. Winning Participants may also be posted on the Site.
10. Sponsor. All In Challenge Foundation, 8100 Nations Way, Jacksonville, FL 32256. THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK, TWITTER, or INSTAGRAM, and IS NOT SPONSORED, ENDORSED, or ADMINISTERED by our PARTNERS.
Rules were last updated on April 16, 2020.