Giveaways Official Rules

OFFICIAL RULES

 NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT IMPROVE CHANCES OF WINNING. VOID WHERE PROHIBITED. OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES WHO ARE AT LEAST 18 years OLD AT THE TIME OF ENTRY. ODDS OF WINNING DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES. MANY WILL ENTER; ONE WILL WIN.

 PLEASE READ THESE OFFICIAL RULES CAREFULLY. BY ENTERING THE SWEEPSTAKES, YOU (AND IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN) AGREE TO AND WILL COMPLY WITH THESE OFFICIAL RULES. IF YOU DO NOT AGREE TO THESE OFFICIAL RULES, DO NOT ENTER THE SWEEPSTAKES.

 

1. ELIGIBILITY; GENERAL. This sweepstakes is open only to legal U.S. residents residing in the United States who are 18 years old or older. . Employees of Pickleball its promotional partners, and their respective affiliates and subsidiaries, and the immediate families and household members of such persons, are not eligible to participate in this sweepstakes. By entering the sweepstakes, you (a) agree to comply with and be bound by these Official Rules, the decisions of Pickleball CHIX, which are final and binding in all matters, and any and all applicable laws, rules, or regulations (collectively, “Applicable Laws”); (b) represent that you satisfy these eligibility requirements, and (c) waive any right to claim ambiguity in the sweepstakes or these Official Rules.

 

1. BINDING AGREEMENT. These Official Rules form a legally binding agreement with respect to the sweepstakes. If you do not agree to the Official Rules, you are not eligible to participate in the sweepstakes or to win any of the prizes. Your submission of an entry to the sweepstakes constitutes your agreement to these Official Rules.

 

1. SWEEPSTAKES PERIOD.  The sweepstakes begins at Noon CST on 7/28/2023 and ends at 3:30 PM CST on 8/2/2023  (the “Sweepstakes Period”). All entries must be received during the Sweepstakes Period in order to be eligible.

 

1. HOW TO ENTER. You may enter by one of the following two ways:

 

(i) Like our Instagram post dated 7/28/23 (click here) or any post related to this giveaway period (7/28/23 – 8/2/23). Follow @pickleballCHX and @theflexbeam on Instagram. Tag an Instagram “friend(s)” handle in the comments of the Instagram post dated 7/28/23 or any post related to this giveaway in the same period mentioned above. Share the Instagram post dated 7/28/2023 or any post related to this giveaway. Save this post, Subscribe to Pickleball CHIX mailing list (link in social bio) and subscribe to pickleball CHIX YouTube channel.

Follow Us on FaceBook:  Links pickleballCHIX  Recharge Health - the FlexBeam

WINNER will be announced on the podcast LIVE on 8/2/2023 at the end of the show, winner must comment on LIVE and be present to win.

(ii) Send an email to dink@pickleballCHIX.com with the subject line “Sweepstakes Entry – Pickleball CHIX Giveaway,” and include in the email your first and last legal name, your state of residence, your mailing address, your email address, your age at the time of entry and agreed to these rules.

 Regardless of method of entry, limit 100 entries per person. Except for User-Generated Content, which will be subject to Section 13, all sweepstakes entries become the property of Pickleball CHIX and will not be acknowledged or returned.

 

Pickleball CHIX is not responsible for and will not consider any entries that (i) are incomplete, incorrect, damaged, illegible, misdirected, inaccurate or inaccurately captured, not received by Pickleball CHIX (including as a result of your privacy settings on a Social Media Platform (defined in Section 11 below)), lost, stolen, delayed, undelivered, or late for any reason, including as a result of any technical, electronic, telephone, hardware, software, internet, server, email platform, Social Media Platform, website, application, access provider, network, computer, data transmission, or any third-party service errors, malfunctions, or difficulties (including any active or passive filtering) of any kind (collectively, “Transmission Failures”), or (ii) do not conform with any the requirements of these Official Rules (collectively, “Faulty Entries”).

 

If Pickleball CHIX determines that there is any suspected or actual tampering, it may void the entries at issue, and/or terminate the sweepstakes, at which time, it may conduct a random drawing to award prizes using all eligible entries received as of the termination date.

 

1. SELECTION OF WINNER. One (1) potential winner will be chosen by a random drawing to be conducted on or about 8/2/23 (after podcast) from all eligible entries received during the Sweepstakes Period.

 

1. WINNER VERIFICATION. Any potential winner will be deemed a winner and eligible to receive the prize only after Pickleball CHIX’s verification of eligibility of the potential winner. Pickleball CHIX may disqualify you from this sweepstakes and deem any such entry by you void if it suspects or finds that you have (i) violated any Applicable Law or these Official Rules, including by (a) entering as a minor without permission from your parent or legal guardian, (b) entering or attempting to enter multiple times in violation of these Official Rules, including through use of multiple accounts, or (c) entering as a residence of a place in which this sweepstakes is void; (ii) tampered or attempted to tamper with the entry process or the operation of the sweepstakes, including by generating entries through an automated means to subvert the entry process; (iii) acted in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten, bully, or harass any other person; or (iv) attempted to undermine the legitimate operation of the sweepstakes by cheating, hacking, deception, or other unfair playing practices (collectively, “Violating Entries”). ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE DEEMED A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, PICKLEBALL CHIXWILL DISQUALIFY YOU AND MAY SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM YOU TO THE FULLEST EXTENT PERMITTED BY LAW, AND MAY BAN OR DISQUALIFY YOU FROM THIS AND FUTURE SWEEPSTAKES.

 

1. PRIZES. The potential winner will receive a Recharge Health FLEXBEAM.

 

1. GENERAL PRIZE CONDITIONS/LIMITATIONS. No prize substitution, cash equivalent of prizes, transfer, or assignment of prizes is permitted, except Pickleball CHIX may substitute a prize or prizes of similar value. Prizes are subject to product availability. In addition to the requirements set forth in Section 10, Pickleball CHIX may require personal identification and/or proof of permission from a parent or a legal guardian to be presented in any form deemed necessary by Pickleball CHIX to redeem the prize. Pickleball CHIX is not responsible for any late, lost, stolen, damaged, delayed, or undelivered prizes.

 

1. ODDS OF WINNING. Odds of winning will depend on the number of eligible entries received.  Many will enter, only one (1) will win.

 

1. OFFICIAL NOTIFICATION. A potential sweepstakes winner will be contacted by Pickleball CHIX at the end of the podcast in the comment section, must be present to win. A winner must respond within seven (7) days of being notified of winning. A potential winner must supply Pickleball CHIX with the potential winner’s legal name, email address, mailing address, and age at the time of entry. The potential winner may also be required to sign and return an affidavit of eligibility, release, and/or name/likeness license and liability release, and if a potential winner is a minor, the potential winner’s parent or legal guardian will also be required to sign such documents. Return of the prize notification as “undeliverable,” or any failure to respond or to return any required document in the time noted, or any other failure to comply with these Official Rules, will result in disqualification of the selected winner and forfeiture of the prize. Pickleball CHIX is not required to award elsewhere any prizes forfeited by the chosen winner. The prize will be awarded after Pickleball CHIX receipt of the winner’s response, any required documents and proper verification of the winner’s identity and eligibility.

 

1. NO SOCIAL MEDIA PLATFORM ENDORSEMENT; RELEASE. Depending on the particular sweepstakes, the sweepstakes may involve one or more social media platforms. In all cases, however, this sweepstakes is in no way sponsored, endorsed, or administered by, or associated with any such platform, including Meta Platforms, Inc. (Facebook), Instagram Inc., ByteDance Ltd. (TiKTok), Google Inc. (YouTube), or Twitter, Inc. (collectively, “Social Media Companies”). You understand that by using and interacting with the application or website of any of the Social Media Companies (the “Social Media Platforms”), you are subject to the terms, conditions, and policies that govern the use of those Social Media Platforms (including for example, YouTube’s Community Guidelines found here at https://www.youtube.com/howyoutubeworks/policies/community-guidelines/). You should therefore review the applicable terms and policies, including privacy and data gathering practices, before using or interacting with them. By entering this sweepstakes, you agree to comply with all Social Media Companies’ terms and policies, and you hereby release and discharge, and you will indemnify and hold harmless, the Social Media Companies and their respective affiliates, employees, officers, directors, and representatives from any claims, losses, and damages arising out of or relating to participation in this sweepstakes, any sweepstakes-related activities, or the acceptance, use, misuse, or possession of any prize awarded hereunder, including personal injuries, death, and property damage.

 

1. PRIVACY. By entering the sweepstakes, you recognize and agree that the information provided by you will be (a) made available to Pickleball CHIX, and use of such information by Pickleball CHIXwill be governed by Pickleball CHIX Privacy Policy found at Privacy policy – Pickleball CHIX . You agree that personal information shared in connection with the sweepstakes: (i) may be processed, shared, and otherwise used for the purposes and within the context of the sweepstakes and any other purposes outlined in these Official Rules; and, (ii) if you consent, may be used by Pickleball CHIX for purposes of sending marketing information generally. Personal information may also be used by Pickleball CHIXto verify your identity, age, address, or to otherwise verify the participant's eligibility to participate in the sweepstakes.

 

1. LICENSES; USER-GENERATED CONTENT; LIKENESS. By entering the sweepstakes, to the extent you upload any photograph, video, text, or other content in connection with the sweepstakes (“User-Generated Content”), you grant an irrevocable, perpetual, worldwide, non-exclusive license to Oliver Thomas, to reproduce, modify, distribute, publicly display, publish, and create derivative works of the User-Generated Content in whole or in part in all media now known or hereafter devised, throughout the universe, in any way such Pickleball CHIX sees fit (including, for avoidance of doubt, in advertising, publicity, and other communications and marketing purposes). You represent and warrant that (i) you have all rights necessary to upload your User-Generated Content, including written permission and agreement to these Official Rules from anyone (or, if under 18 years old or the age of majority, written permission from their parent or legal guardian) featured in your User-Generated Content; and (ii) the User-Generated Content does not infringe upon or violate any third-party copyright, trademark, moral right, right of privacy/publicity or intellectual property, or other right of any person or entity. You consent to Pickleball CHIX doing or omitting to do any act that would otherwise infringe your “moral rights” in the User-Generated Content and waive any “moral rights” you may have in the User-Generated Content in favor of Oliver Thomas. Display or publication of any User-Generated Content on Oliver Thomas’ website, social media pages, or otherwise does not indicate that you have been or will be selected as a winner. Pickleball CHIXwill not be required to pay any additional consideration or seek any additional approval in connection with any use of User-Generated Content.

 

1. LIKENESS. You grant to Pickleball CHIX the irrevocable, perpetual, worldwide, and unrestricted right to print, publish, broadcast, and use your name, image, likeness, voice, persona, hometown, prize information, and all statements made in connection with the sweepstakes (collectively, “Likeness”) in all media now known or hereafter devised throughout the universe in perpetuity in any way such Pickleball CHIX sees fit (including, for avoidance of doubt, in advertisements, publicity, and other communications and marketing purposes).  Pickleball CHIX will not be required to pay any additional consideration or seek any additional approval in connection with such use. Upon Pickleball CHIX’ request, you will sign any necessary documentation that may be required for Pickleball CHIX to make use of the rights granted herein.

 

1. TERMINATION OF SWEEPSTAKES; CHANGES TO OFFICIAL RULES.  Oliver may terminate, suspend, or modify these Official Rules or this sweepstakes (or any portion thereof) at any time in any manner without prior notice, for any reason whatsoever. Without limiting the foregoing, if for any reason the sweepstakes is not capable of running as originally planned, including should any virus, worm, bug, technical failures, unauthorized human intervention, or other causes corrupt or affect the administration, security, fairness, or proper conduct of the sweepstakes, Pickleball CHIX may terminate the sweepstakes.

 

1. RELEASE; DISCLAIMER. Pickleball CHIX and its promotional partners, the Social Media Companies, and their respective affiliates and subsidiaries, all prize suppliers, and the directors, officers, employees, representatives, and agents of all such entities (collectively, the “Released Parties”) do not assume any liability for and may not be held liable for, and you hereby release and discharge, and will indemnify and hold them harmless from, any and all liability, losses, damages, rights, claims, and actions of any kind arising out of or relating to (i) the sweepstakes, including the administration of the sweepstakes, the selection or confirmation of any winner, any errors or omissions, or the acceptance, possession, use, or misuse of any prize, including personal injuries, death, and property damage; (ii) publicity rights, defamation, or invasion of privacy, whether suffered by you or a third party; (iii) any Faulty Entries or Violating Entries; (iv) any Transmission Failure, including any injury or damage to your or any other person’s computer related to or resulting from downloading any material connected to the sweepstakes, all of which may affect a person’s ability to participate in the sweepstakes; (v) any errors, omissions, or incorrect or inaccurate information in any sweepstakes-related materials, including printing or advertising errors or the failure of or problems with any equipment or programming associated with or used in the sweepstakes howsoever caused; or (vi) the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third party, including third-party computer “hackers” or otherwise. Pickleball CHIX disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose with respect to the sweepstakes and any prizes. This section shall apply to the extent permitted by law.

 

1. LIMITATION OF LIABILITY. Without limiting the foregoing or any other provision herein, the Released Parties’ total liability for any and all claims, judgements, and awards against the Released Parties shall not exceed the total out-of-pocket expenses incurred by you to enter the sweepstakes. In no event shall the Released Parties be liable for any attorneys’ fees, punitive, indirect, incidental, special, and consequential damages. For avoidance of doubt, any liability of Pickleball CHIX and its promotional partners shall be several and not joint. Pickleball CHIX shall not be responsible or liable for the of any of its promotional partners, including the use of any personal information (including phone numbers), User-Generated Content, or Likeness by such person or entity.  This section shall apply to the extent permitted by law.

 

1. TAXES.  Any winner will be solely responsible for any and all taxes or other assessments associated with receipt and use of the prizes.

 

1. FORCE MAJEURE. Pickleball CHIX will not be liable for failure or delay in the sweepstakes because of causes beyond its reasonable control, including acts of God, terrorism, war, riots, fire, earthquake, flood, or degradation or failure of third party networks or communications infrastructure.

 

1. WINNER LIST; RULES REQUEST. To request a copy of these Official Rules or a list of winners’ names, please send an email to dink@pickleballCHIX.com with the subject line “Official Rules Request; Pickleball CHIX Giveaway” or “Winner’s List Request; Pickleball CHIX Giveaway” as applicable.

 

1. WAIVER OF JURY TRIAL AND CLASS ACTIONS. EACH PARTY (AND IF ENTRANT IS A MINOR, THE ENTRANT’S PARENT OR LEGAL GUARDIAN) HERETO IRREVOCABLY AND UNCONDITIONALLY WAIVES ALL RIGHT TO TRIAL BY JURY IN OR TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, ACTION, PROCEEDING, OR COUNTERCLAIM, WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RELATING TO OR IN CONNECTION WITH THESE OFFICIAL RULES, THE SWEEPSTAKES, OR ANY PRIZE. ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES, OR ANY PRIZES AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM CLASS ACTION. THIS SECTION SHALL APPLY TO THE EXTENT PERMITTED BY LAW.

 

1. CHOICE OF LAW; JURISDICTION; EQUITABLE RELIEF.  This sweepstakes is void wherever prohibited or restricted by Applicable Law and is subject to all Applicable Laws. This sweepstakes will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. You hereby consent to the exclusive jurisdiction and venue of the federal and state courts of the Commonwealth of Massachusetts for resolution of all claims, differences, and disputes the parties may have regarding this Agreement. Notwithstanding anything to the contrary herein, you acknowledge and agree that a breach by you of these Official Rules would cause Pickleball CHIX irreparable harm for which monetary damages would not be an adequate remedy, and in the event of such breach or threatened breach, Pickleball CHIX will be entitled to injunctive or equitable relief.

 

1. DISPUTES. If you believe that a controversy or claim arises out of or relating to these Official Rules, your participation in the sweepstakes or use of any prize, you agree to provide Pickleball CHIX with a notification via email to customerservice@theoliverthomas.com, briefly summarizing the claim or controversy and your request for relief, before instituting any other formal legal action against us. Any cause of action or claim you may have arising out of or relating to these Official Rules or the sweepstakes must be commenced within one year after the cause of action accrues, otherwise, such cause of action or claim is permanently waived.

 

1. SEVERABILITY. The provisions of these rules are deemed by the parties to be severable and the invalidity or unenforceability or any one or more of the provisions will not affect the validity or enforceability of any other provision, and all other provisions shall remain in full force and effect. If any one or more of the provisions of these rules is held to be excessively broad or invalid, illegal, or unenforceable, it shall be reformed and construed by limiting and reducing it so as to be enforceable to the maximum extent permitted by Applicable Law in conformance with its original intent.