“The 2014 Great American Rivalry Series” #X Battle” presented by It Can Wait
Note: This Promotion is not open to the public for any purpose other than to participate in the Fan Voting described below (through the submission of eligible Tweets, Retweets and/or quote Retweets on Twitter). There is no purchase or payment of any kind required in order to participate in the Fan Voting. The Grand Prize will be awarded only to the one (1) Eligible School that receives the most Eligible Votes (as defined below) in the Fan Voting. The value of the Grand Prize is pre-determined and is in no way affected by the number of Eligible Votes received.
1. NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY FOR ELIGIBLE SCHOOLS TO ENTER OR WIN THIS PROMOTION OR FOR INDIVIDUALS TO PARTICIPATE IN THE FAN VOTING. PURCHASE WILL NOT INCREASE CHANCES OF WINNING PROMOTION. VOID IN PUERTO RICO, U.S. VIRGIN ISLANDS, U.S. TERRITORIES AND POSSESSIONS AND WHERE PROHIBITED OR RESTRICTED BY LAW.
2. SPONSOR. “The 2014 Great American Rivalry Series #X Battle” presented by It Can Wait (the “Promotion”) is sponsored by iHigh, Inc., 325 West Main Street, 3rd Floor, Lexington, KY 40507 (“Sponsor”).
3. PROMOTION OVERVIEW – ELIGIBLE SCHOOLS, VOTING PERIODS, AND RIVALRY GAMES. Participation as a contestant in the Promotion is open and limited only to the 42 high schools listed below that have received an invitation from Sponsor to participate as a contestant in the Promotion (the “Eligible Schools”). This Promotion is not open to the public for any purpose other than to participate in “Fan Voting” for the Eligible Schools through the submission of Tweets, Retweets and/or quote Retweets on Twitter as described below.
The Promotion begins on September 8, 2014 and ends on September 20, 2014, and is divided into the two (2) separate Fan Voting periods listed below (the “Voting Periods”):
(1) Voting Period #1, which runs from 8:00 AM Eastern Time on Monday, September 8, 2014 through 9:00 PM Eastern Time on Saturday, September 13, 2014; and
(2) Voting Period #2, which runs from 8:00 AM Eastern Time on Monday, September 15, 2014 through 9:00 PM Eastern Time on Saturday, September 20, 2014.
Each Eligible School has been assigned (i) an applicable Voting Period as listed at the end of these Official Rules (note that each Eligible School has been assigned either Voting Period #1 or Voting Period #2 as its applicable Voting Period); and (ii) an applicable Hashtag, as listed at the end of these Official Rules. For purposes of the Promotion, each Eligible School is also pitted against another rival Eligible School in one of 21 different “Rivalry Games” listed at the end of these Official Rules. Each Rivalry Game coincides with the actual high school football played between the two rival Eligible Schools, and will be decided by the Fan Voting held during the applicable Voting Period for the Eligible Schools in each Rivalry Game. Sponsor’s clock is the official time-keeping device for this Promotion.
4. FAN VOTING ELIGIBILITY. Participation in the Fan Voting is open only to legal residents of the 50 United States and the District of Columbia who are 13 years of age or older at the time he/she Tweets or Retweets. Officers, directors, and employees (collectively, “employees”) of Sponsor, AT&T Mobility, LLC, AT&T Services, Inc., The Brand AMP, LLC (“The Brand AMP”), and their parents, subsidiaries, affiliated companies, agents, advertising and promotional agencies, those involved in the execution and administration of the Promotion and the immediate family members (defined as parents, spouse, children, siblings, grandparents) of such employees, and all those with whom such employees are domiciled, are NOT eligible to participate in the Fan Voting.
5. HOW TO PARTICIPATE IN FAN VOTING. In order to participate in the Fan Voting, you should first view the list of Eligible Schools found at the end of these Official Rules to find your Eligible School’s applicable Voting Period and Hashtag. Then, during your Eligible School’s applicable Voting Period, you may vote for your Eligible School by logging in to your Twitter account and posting a Tweet, Retweet or quote Retweet which includes (1) the hashtag “#x”, and (2) your Eligible School’s Hashtag. There is no limit to the number of Tweets, Retweets or quote Retweets you can post, however each Tweet, Retweet or quote Retweet you submit must be unique to your Twitter account and can only be posted to your Twitter account once.
All incomplete or non-conforming Tweets or Retweets will be disqualified, including any Tweets that Sponsor, in its sole discretion, determine to be offensive, inappropriate or that infringes on another party’s intellectual property or violates NCAA bylaws/guidelines pertaining to student-athletes. Any attempt by any participant to violate these Official Rules by using multiple/different email addresses, identities, Twitter accounts, registrations and logins, or any other methods may void that participant’s Tweets, Retweets and/or quote Retweets. Sponsor reserves the right to void all Tweets, Retweets or quote Retweets made through any robotic, automatic, mechanical, programmed or similar duplication method and to disqualify any individual using such a method. In the event of a dispute as to the identity of a participant, the Tweet, Retweet or quote Retweets will be deemed submitted by the authorized account holder of the email account for the email address associated with the Tweet, Retweet or quote Retweet. The “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 responsible for assigning email addresses for the domain associated with the submitted email address. Any participant may be required to show proof of being an authorized account holder.
Participant agrees that the content of his/her Twitter posts may be posted to the Promotion’s Fan Voting aggregator website found at http://greatamericanrivalry.com/x-battle (the “Website”). A copy of these Official Rules is available on the Website through the end of Voting Period #2.
6. ELIGIBLE VOTES; DETERMINATION OF RIVALRY GAME WINNERS AND GRAND PRIZE WINNER. Each eligible Tweet, Retweet and/or quote Retweet for an Eligible School (which contains the hashtag “#x” and the Eligible School’s Hashtag) posted during that Eligible School’s Voting Period will be deemed to be an “Eligible Vote” for that particular Eligible School. The total Eligible Votes for each Eligible School in the Fan Voting will be periodically updated and displayed on the Website during the Voting Periods.
Rivalry Game Winners. The one Eligible School from among the two Eligible Schools competing in a Rivalry Game that receives the most total Eligible Votes in the Fan Voting will be named the winner of that particular Rivalry Game. There will be a total of 21 Rivalry Game winners (9 Rivalry Game winners from Voting Period #1, and 12 Rivalry Game winners from Voting Period #2). Please note that no prize (other than bragging rights and a trophy) will be awarded for winning the Rivalry Game.
Grand Prize Winner. The one (1) Eligible School from among all 42 Eligible Schools that receives the most total Eligible Votes in the Fan Voting will be deemed the Grand Prize winner. There will be only one (1) Grand Prize winner in the Promotion.
In the event of a tie among Eligible Schools in the number of Eligible Votes received, the Eligible School that received the first Eligible Vote as between the tied Eligible Schools (as measured by the length of time it took for the first Eligible Vote to be received from the beginning of the Eligible School’s applicable Voting Period) the will be deemed the winner. Promotion judging determinations are in the sole and absolute discretion of the judges, are final in all matters relating to this Promotion, and are not subject to further review or appeal by Eligible Schools. Odds of an Eligible School winning a Rivalry Game and/or the Grand Prize depend on the total number of Eligible Votes received by the Eligible Schools.
7. GRAND PRIZE. Sponsor will award one (1) Grand Prize. Grand Prize consists of a concert performance by the band “Rixton” (the “Concert”) at the Grand Prize winning Eligible School’s location; total approximate retail value of Grand Prize is $2,000. (Grand Prize will be awarded to the one (1) Eligible School from among all 42 Eligible Schools that receives the most Eligible Votes in the Fan Voting, and will not be awarded to any individual participant in the Fan Voting.)
The Grand Prize winner must schedule the Concert through the Sponsor, and the scheduled date of the Concert is subject to a number of factors, including, without limitation, the availability of Rixton as determined by Rixton (and its agents) and Sponsor. (As of the start date of the Promotion, Rixton is tentatively available to schedule and perform the Concert between October 1, 2014 and October 6, 2014.) The Concert is subject to any and all restrictions imposed by Rixton (and its agents), and additional restrictions may also apply. The Grand Prize winner will be required to comply with certain requirements as a condition to scheduling and holding the Concert (including but not limited to, the execution of a release and waiver and/or other additional legal documents), as required by Rixton and Sponsor in its sole and absolute discretion, and Grand Prize winner’s right and ability to hold the Concert is subject to any and all such requirements and restrictions. In the event that: (i) Grand Prize winner fails to comply with any restrictions or requirements that are a condition to scheduling and holding the Concert; (ii) Grand Prize winner is unable to schedule the Concert according to the availability of Rixton; (iii) the Concert is postponed or canceled for any reason after it is scheduled with Grand Prize winner; or (iv) Grand Prize winner cannot hold the Concert for any reason whatsoever after all Concert arrangements are made, Grand Prize winning Eligible School may forfeit prize, and Sponsor will not be responsible for awarding Concert and no substitution or compensation may be provided. In any such event, Sponsor reserves the right to substitute another band to perform the Concert, in Sponsor’s sole discretion. In the event that one or more members of Rixton become unavailable for any reason, Sponsor reserves the right to hold Concert with the available members of Rixton or to substitute another band to perform the Concert, in Sponsor’s sole discretion.
No more than one (1) Grand Prize will be awarded. Any difference between the actual value of any prize and the approximate retail value set forth in these Official Rules may not be claimed and will not be awarded. Prize is non-transferable and no substitution will be made except as provided herein at Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize for one of equal or greater value if the designated prize should become unavailable for any reason. All taxes or expenses, including, without limitation, expenses associated with the Grand Prize not specified herein as part of Grand Prize, sales tax, luxury tax, and any other costs incurred in claiming or using any of the prizes, are the sole responsibility of the Eligible School Grand Prize winner.
8. GRAND PRIZE WINNER NOTIFICATION. Eligible Schools must comply with all of the terms and conditions of these Official Rules, and Grand Prize award is contingent upon winner fulfilling all requirements. Grand Prize winning Eligible School will be notified by phone, email or mail, and may be required to sign and return a notarized Affidavit of Eligibility and Liability/Publicity Release (a “Release”) within five (5) days of notification in order to receive prize. In the event of non-compliance with any of these requirements, the Grand Prize may be forfeited and the Eligible School with the next highest score may be selected as the alternate potential prize winner; unclaimed prize and/or forfeited prize may not be awarded.
9. ELIGIBLE SCHOOL REPRESENTATIONS AND GRANT OF RIGHTS. By participating in the Promotion, each Eligible School agrees to: (i) be bound by these Official Rules and the decisions of the judges, which are final and binding in all respects; (ii) be contacted by Sponsor by mail, email or telephone; and (iii) if Eligible School is a winner, to participate in all post-winning activities required by Sponsor including, but not limited to, scheduling and holding the Concert and allowing Sponsor and/or its agents to record and publicize the prize award and Concert.
By participating in this Promotion, each Eligible School grants Sponsor, its parents, subsidiaries, divisions, affiliates, and advertising and promotional agencies, a worldwide, perpetual, royalty-free, unconditional license and right to use, stream, post, publish, broadcast, reproduce, store, copy, transmit, publicly display, exhibit and/or otherwise use the Eligible School’s name and address, trademarks, copyrights, logo, mascot, and photographs or other images of the Eligible School, the location surrounding the Eligible School, Eligible School sporting events, any prize award information, and the Eligible School’s representatives’ names, voices, likenesses, images, and statements (collectively, “Eligible School Promotion Materials”), in any and all media now existing or hereafter devised for illustration, promotion, art, editorial, advertising, trade or any other purpose whatsoever, in perpetuity, without attribution, notification, compensation or consents (except where prohibited by law), and Eligible School hereby releases Sponsor from any liability with respect thereto.
By participating in this Promotion, each Eligible School represents and warrants that: (i) it is an accredited high school (and nonprofit or state institution) in the state referenced in the address provided to Sponsor; (ii) it holds the sole and exclusive rights to all of its Eligible School Promotion Materials; (iii) its Eligible School Promotion Materials do not, and their use will not, violate or infringe upon the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity or violate any applicable laws or applicable publishing/posting standards or requirements; and (iv) its Eligible School Promotion Materials are not, and their use will not, be defamatory or libelous, and as of the date of submission, are not the subject of any actual or threatened litigation or claim. Each Eligible School hereby agrees to indemnify and hold the “Released Parties” (defined below) harmless from and against any and all claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating, in whole or in part, directly or indirectly, to or arising out of, any breach or alleged breach of any of the warranties, representations or agreements of the Eligible School contained in these Official Rules.
10. GENERAL CONDITIONS. The Promotion is subject to all applicable federal, state, and local laws and regulations.
By participating in this Promotion, each Eligible School and each Fan Voting participant (and his/her parent or legal guardian, if participant is considered a minor in his/her state of residence) releases Sponsor, AT&T Mobility LLC, AT&T Services, Inc., The Brand AMP, Twitter, and each of their parents, subsidiaries, affiliates, shareholders, members, officers, agents, printers, distributors, agents, attorneys, and advertising agencies, and their employees, agents, and consultants (collectively, the “Released Parties”), from any and all liability for any accident, costs, loss, tax liability, injury, death or damage of any kind, arising from participation in this Promotion or in any Promotion related activity, or resulting from acceptance, possession, use or misuse of any prize, or while traveling to and/or from a location to obtain or use a prize. Grand Prize winner further acknowledges that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law, relative to any prize, including, but not limited to, express warranties provided by the manufacturer of the goods or their affiliates.
The Released Parties shall have no obligation or responsibility (including any responsibility to award any prize to Eligible Schools) with regard to: (i) Eligible School participation documents/applications or Eligible School Promotion Materials that contain inaccurate information or do not comply with or violate these Official Rules; (ii) electronic transmissions, Fan Voting votes (including, without limitation, Tweets, Retweets and/or quote Retweets), or prize claims or notifications that are lost, late, unintelligible, damaged, delayed, destroyed, misdirected, garbled, incomplete, illegible or are otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (iii) any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction or unauthorized access to, or alternation of electronic transmissions, Fan Voting votes (including, without limitation, Tweets, Retweets and/or quote Retweets), or any incorrect or inaccurate transcription of information; (iv) Eligible Schools or Fan Voting participants who have committed fraud or deception in participating in the Promotion or in claiming any prize award; (v) any problems relating to or resulting from Fan Voting fraud, or Fan Voting by any persons ineligible to vote or who fail to vote in compliance with these Official Rules; (vi) any problems or technical malfunctions relating to the Promotion, the Website, Twitter, or any telephone or communications network or lines, computer on-line systems, servers or providers, computer equipment, software, or traffic congestion on the Internet or at any website, or any combination thereof; (vii) any inability of an Eligible School to accept a prize award for any reason; or (viii) the inability to award all or any part of a prize award due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor’s reasonable control.
Sponsor reserves the right, in its sole discretion, to: (i) disqualify from this or any contest it sponsors, now or in the future, any person it finds, in its sole discretion, has violated these Official Rules or tampered with the Fan Voting process, the operation of the Promotion, the Website, Twitter, or any other aspect of this Promotion; and (ii) modify, cancel or suspend part or all of this Promotion in the event that human or technical errors or failures occur in the administration of this Promotion or the processing of Fan Voting votes (including, without limitation, Tweets, Retweets and/or quote Retweets), or other errors, printing errors, tampering, fraud, unauthorized intervention, technical failure, or other causes beyond Sponsor’s control, corrupt or impair the administration, security, fairness or proper play of the Promotion. In such event, or in the event the Promotion is cancelled, suspended or discontinued for any reason, Sponsor may judge and award prizes based on the Promotion information collected up to the time of Promotion cancellation or suspension.
11. DISPUTE RESOLUTION. Any and all disputes with respect to this Promotion will be resolved in the appropriate courts in the State of Kentucky exclusively, and subject to the laws of the State of Kentucky, without regard to conflicts of laws principles. Should there be a conflict between the laws of the State of Kentucky and any other laws, the conflict will be resolved in favor of the laws of the State of Kentucky. By participating, each participant (and his/her parent or legal guardian, if participant is considered a minor in his/her state of residence) consents to the sole and exclusive jurisdiction and venue of the federal, state and local courts located in Louisville, KY. If any provision of these Official Rules is determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other provision. Except where prohibited, by participating in this Promotion, each participant agrees that: (i) any and all disputes, claims, and causes of action arising out of or connected with this Promotion, or any prize awarded, or the determination of the winners, shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Promotion, but in no event attorneys’ fees; and (iii) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive damages, incidental damages, consequential damages or any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. (NOTE: Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to participant.)
12. WARNING. ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER PERSON TO DELIBERATELY DAMAGE THE WEBSITE OR TWITTER OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PARTICIPANT OR OTHER PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING SEEKING CRIMINAL PROSECUTION.
13. WINNERS LIST. For the name of the winner of the Grand Prize, please visit the Website following final determination and announcement of winner (in early October, 2014) or send a self-addressed, stamped, business-size envelope to: “The 2014 Great American Rivalry Series #X Battle” presented by It Can Wait Winners List, 3030 Old Ranch Pkwy., Suite 300, Seal Beach, CA 90740, by March 19, 2015. Information and data regarding Fan Voting will not be available.
This Promotion is in no way sponsored, endorsed or administered by, or associated with, Twitter.
RIVALRY GAMES –
Eligible Schools, Eligible School Voting Periods, and Eligible School Hashtags
Voting Period #1 – 8:00 AM (ET) on 9/08/14 – 9:00 PM (ET) on 9/13/14
Rivalry Game Location Eligible School Eligible School Hashtag
1. Oxford, MS Oxford #ChargerNation
(9/12/14) Lafayette #GoDors
2. Oklahoma City, OK Westmoore #jagnation
(9/12/14) Southmoore #SabercatsFootball
3. Grand Rapids, MI East Grand Rapids #GoEGR
(9/12/14) Lowell #GoArrows
4. Hillsboro, OR Hillsboro #LiveBlue
(9/12/14) Glencoe #RollTide
5. Lilburn, GA Parkview #HailParkview
(9/12/14) Brookwood #BroncoNation
6. Harrisburg, PA Bishop McDevitt #McDFootball
(9/12/14) Cumberland Valley #CVFootball
7. Middletown, NY Middletown #MtownPride
(9/12/14) Port Jervis #PortPride
8. Upper Marlboro, MD Gwynn Park #GoYellowJackets
(9/12/14) Riverside Baptist #rbscrusadernation
Voting Period #2 – 8:00 AM (ET) on 9/15/14 – 9:00 PM (ET) on 9/20/14
Rivalry Game Location Eligible School Eligible School Hashtag
1. West Des Moines, IA Valley #rolltigers
(9/19/14) Dowling #GoMaroons
2. Indianapolis, IN Warren Central #WCFootball
(9/19/14) Ben Davis #BDFootball
3. Salt Lake City, UT Highland #HHS
(9/19/14) East #EastLeopards
4. Chicago, IL Saint Rita #MustangsFootball
(9/19/14) Mt. Carmel #WeAreMC
5. Apple Valley, CA Apple Valley #SunDevils
(9/19/14) Victor Valley #VictorValley
6. West Allis, WI West Allis Central #WACentral
(9/19/14) Hale #HaleHS
7. Gaffney, SC Gaffney #GaffneyFB
(9/19/14) Byrnes #rebelfootball
8. Tarpon Springs, FL Tarpon Springs #SpongerNation
(9/19/14) Dunedin #DunedinFalcons
9. Beaumont, CA Beaumont #BeaumontCougars
(9/19/14) Banning #GoBroncos
10. Brentwood, TN Brentwood #TeamBA
(9/19/14) Montgomery Bell #rollredroll
11. Canyon, TX Canyon #GoEagles
(9/19/14) Tascosa #GoRebs
12. Cincinnati, OH Colerain #wearecolerain
(9/19/14) Fairfield #wintheday
13. Miramar, FL Miramar #PatriotPride
(9/20/14) St. Thomas Aquinas #STAFootball