THESE RULES APPLY TO ALL SWEEPSTAKES OR SIMILAR PROMOTIONS CONDUCTED BY BIG 5 SPORTING GOODS EXCEPT TO THE EXTENT THAT BIG 5 SPORTING GOODS ISSUES MORE SPECIFIC RULES, IN WHICH CASE, SUCH SPECIFIC RULES SHALL GOVERN. NO PURCHASE, PAYMENT, OR DONATION OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE, PAYMENT, OR DONATION OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. FOR PERSONS WHO ENTER THIS SWEEPSTAKES, THESE RULES GOVERN ALL ASPECTS OF PARTICIPATION AND PRIZE AWARD. SWEEPSTAKES PRIZES WILL BE AWARDED SUBJECT TO THESE RULES.
1. Introduction. This Big 5 Sporting Goods Sweepstakes (this "Sweepstakes") is sponsored by Big 5 Corp., d/b/a Big 5 Sporting Goods (“Sponsor”), located at 2525 East El Segundo Boulevard, El Segundo, California 90245. From among all eligible entries received, winners will be selected at random as described herein for the prizes described in Sponsor’s publicly distributed written summary of the Sweepstakes (the “Summary”). The Summary is deemed part of, and subject to these Rules. By entering or participating in the Sweepstakes, each entrant fully and unconditionally agrees to be bound by and accepts these Rules and the decisions of Sponsor (including, without limitation, decisions regarding eligibility of entries, the selection of entrants and the winner, and the awarding of the prize), which are final and binding in all respects. This Sweepstakes is subject to all applicable federal, state and local laws and regulations.
2. Timing. This Sweepstakes begins on the date specified in the Summary and ends at the date and time specified in the Summary, provided that if the Summary does not specify a date and/or time, then the Sweepstakes shall begin when the Sweepstakes are first distributed publicly and shall end at 11:59 p.m. Pacific Time on the ending date specified in the Summary or if no date is specified, then at 11:59 p.m. Pacific Time on the date thirty (30) days thereafter ("Entry Period"). All dates are subject to change. Sponsor may select the official time keeping device for this Sweepstakes in its sole and absolute discretion. All entries must be received during the Entry Period. If an entry is submitted by “Assistance Entry”, as indicated under paragraph 4e below, then the submission must also be received during the Entry Period. No exceptions.
3. Eligibility. This Sweepstakes is open to legal residents of only the Continental United States, from the date they submit their entry through the date winners are chosen and notified, and who are at least eighteen (18) years of age or older at the time of entry. All entries by persons under eighteen (18) years of age at the time of entry are VOID. In the event of any dispute regarding the identity of an entrant involving an email address or social media account, the person to whom the email address or social media account is registered as of the date of submission of the entry will be deemed to be the entrant. Employees, officers and directors of Sponsor, and any of Sponsor’s business partners promoted via the Sweepstakes, and their respective parents, subsidiaries, and agents, as well as the immediate family (defined as parents, spouses, children, siblings and grandparents) and household members of each such employee, officer and director, are not eligible. Sponsor makes all eligibility determinations in its sole and absolute discretion. By participating, entrant agrees to abide by these Rules and the decisions of Sponsor, which are final and binding in all respects. All applicable federal, state, and local laws apply. This Sweepstakes is void where prohibited.
4. To Enter. a. Enter Via Social Media: If and to the extent the Summary provides for entry via an official social media account operating by Sponsor (e.g., Sponsor’s official Facebook page), then you may submit an entry in such manner by complying with all instructions in the Summary to complete the submission. Each entrant must enter with his/her own social media profile/account. Multiple entrants are not permitted to enter via the same social media profile/account. Entrant may need to have profile settings to “public” for Sponsor to verify entry. b. Enter Via Mail. If and to the extent the Summary provides for entry via mail, then you may submit an entry in such manner by submitting a written entry postage paid via the United States Mail, addressed to the address specified in Section 18 below (or such other address specified in the Summary), complying with all instructions in the Summary to complete the submission and including contact information to notify the entrant regarding being a potential winner. c. Enter In-Store. If and to the extent the Summary provides for entry in one of Sponsor’s Stores, then you may visit a participating Sponsor store during regular business hours and: (i) ask any on-duty Sponsor associate at the point of sale to enter you into the Sweepstakes, or (ii) submit a written entry in such manner by depositing the same in the designated entry collection receptacle in Sponsor’s Store, complying with all instructions in the Summary to complete the submission and including contact information to notify the entrant regarding being a potential winner. d. Enter by Enrolling in the E-Team: If and to the extent the Summary provides for entry upon enrollment in Sponsor’s E-Team, or any other reward, coupon, or loyalty program hosted by Sponsor, then you will be entered automatically upon your enrollment in the applicable program and submission of your email address to any on-duty Sponsor associate at the point of sale. e. Enter Via Other Means: If and to the extent the Summary provides for, or applicable law requires, entry other than as described above, then you may submit an entry in such manner by complying with any applicable instructions in the Summary to complete the submission and including contact information to notify the entrant regarding being a potential winner. f. Alternative Entry: Sponsor is committed to working with those that need assistance entering the Sweepstakes or do not wish to enter by the means identified above. As an alternative to entering in the manner provided by the Summary, an eligible person may receive one total entry (and only one entry) by entering via either of two additional means: g. Mail-In Entry: For any reason, if you do not wish to enter by means identified within these rules, you may enter the Sweepstakes by mail during the Entry Period, by hand printing your complete name, brief description of active sweepstakes that you are intending to enter, street address (no P.O. Boxes), city, state, zip code and either a telephone number or email address on a plain piece of 3” x 5” paper (“Mail-In Entry”) to: Big 5 Sporting Goods, Attention: “Sweepstakes”, 2525 East El Segundo Boulevard, El Segundo, CA 90245. A Mail-In Entry is only valid if actually received during the Entry Period and in the manner prescribed herein. ii. Entry via Assistance: An eligible person may request an assistance method of entering the Sweepstakes if she or he encounters difficulty submitting an entry during the Entry Period. To request an alternative assistance method of entering the Sweepstakes, please contact Sponsor’s customer service department at (800) 898-2994 to request an “Assistance Entry”. An Assistance Entry is in lieu of a Mail-In Entry. An Assistance Entry is valid only if in the manner agreed to by Sponsor’s customer service.
5. Entries. All entries must be received by Sponsor prior to expiration of this Entry Period. Except as prohibited, all entries become the exclusive property of Sponsor, and none will be acknowledged or returned, unless required by law. By submitting an entry, the entrant is certifying and representing that it is the sole owner of all rights, including, but not limited to intellectual property rights, in and to the entry. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for lost, late, incomplete, incorrect, invalid, unintelligible, illegible, misdirected, stolen or improperly submitted entries, which will be disqualified.
6. Limit. One (1) entry per person. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different identities, registrations and logins, or any other methods to obtain additional entries beyond the limit will void all of that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration regarding a social media profile/account, the authorized account holder will be deemed to be the entrant. The “authorized account holder” is the natural person assigned a social media account/profile by the entity that owns the applicable social media platform. The potential winner may be required to show proof of being the authorized account holder. Notwithstanding the foregoing, in distributing prizes, Sponsor is entitled to rely on all communications sent from (or appearing to be sent from) the winning social media profile/account even if such communications are not actually sent by the authorized account holder.
7. Selection of Potential Winner. All potential winners must comply with these Rules and winning is contingent upon fulfilling all requirements. If an eligible entry is selected for a prize, then the entrant will be notified via the contact information included in the entry, provided that any potential winners that submitted via social media may be notified by messaging to the entrant’s social media account (“Prize Notice”). To claim the prize, the entrant must respond to Sponsor in accordance with the instructions in the Prize Notice (“Prize Claim Notice”). The Prize Claim Notice must be received by the date specified in the Prize Notice or, if no such date is specified, then the date ten (10) days after Sponsor sends the Prize Notice. Entrant’s Prize Claim Notice must include a valid postal address in the continental United States where Sponsor should send the prize. No more than one (1) prize will be sent to any particular postal address. Except where prohibited, Sponsor may require that each potential winner execute and return to Sponsor, within ten (10) days of being notified, an Affidavit of Eligibility, Liability and Publicity Release in order to claim his/her prize. If a potential winner cannot be contacted, if he/she fails to give the Prize Claim Notice, if he/she fails to sign and return the Affidavit of Eligibility, Liability and Publicity Release within the required time period, or a prize or Prize Notice is returned as undeliverable, an alternate entrant will be selected at random from among all eligible entries received. There will be three (3) alternate drawings for each prize, after which the prize will remain un-awarded. Sponsor reserves the right to conduct a background check on any or all entrants, and Sponsor reserves the right to disqualify any individual based on such background check if Sponsor determines in its sole discretion that awarding a prize to any such individual might reflect negatively on Sponsor or any of its Sweepstakes partners. Entrants will cooperate with Sponsor and its representatives in connection with any and all verification and background check activities, including, without limitation, by executing and delivering to Sponsor or its designee by the time indicated by Sponsor or its designee any verification and background check authorization forms required by Sponsor or its designee.
8. Prizes. The quantity and nature of the Prize available are as described in the Summary. Prize winners will be selected subject to the terms of these Rules. Each winner for each prize will be selected at random from among all entrants. If the Sweepstakes involves multiple tiers prizes (e.g., grand prize(s), as compared to first prize(s)), then the prize tiers will be awarded in the same order as the winners are selected. As more particularly described above, if one or more prizes are not claimed by a valid Prize Claim Notice after selection and Prize Notice or if a particular prize is otherwise not awarded due to non-compliance by the entrant with these Rules, then Sponsor will select another winner for such prize from the remaining eligible entries and the same shall not affect the prize tier of the other entries (if multiple prizes remain unclaimed, then a winner for each such prize will be selected in the foregoing order). Odds of winning each prize depend on the number of entries received during the Entry Period. Prizes are nontransferable, nonassignable, nonnegotiable, and not redeemable for cash or credit. Prizes may not be returned to stores and are given “as-is” and may not be returned or exchanged in store. Prizes must be accepted as awarded. One prize per person or household. All stated prizes will be awarded. However, if not enough eligible entries are received to distribute each of the prizes to a separate eligible entry, then Sponsor will retain and not distribute the prizes to the extent that there are insufficient eligible entries (except to the extent otherwise required by applicable law). Sponsor reserves the right to substitute one or more prize(s) of equal or greater value if advertised prize is unavailable. No other substitution or transfer of prize permitted. Prizes consist of only those items specifically listed in the Summary as part of the prize. Taxes and fees, if any, are the sole responsibility of winners. Prizes may be subject to reporting for tax and other purposes. Winners should consult their tax advisers with respect to any applicable taxes relating to any prize. Additional terms and limitations on returns may apply in Sponsor’s sole and absolute discretion, subject to applicable law.
9. Publicity and Intellectual Property. Except where prohibited, participation in this Sweepstakes constitutes each entrant’s agreement and consent to Sponsor’s and its designees’ use of entrant’s name, city, state, province, voice, likeness, photo, biographical and/or prize information for promotional, advertising or other purposes, in perpetuity, worldwide, in any and all media now known or hereafter devised, including television, radio, mobile media and the Internet (“Any and All Media”), without limitation and without further compensation, notification, permission or other consideration. If any content is submitted by entrant in connection with the Sweepstakes (“Content”), then Entrant represents and warrants that entrant owns all intellectual property rights in and to the same. As a condition of entry, entrant grants Sponsor a perpetual, irrevocable, worldwide, transferable, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, publish, distribute, publicly perform, create a derivative work from, and publicly display the Content for any purpose in Any and All Media, without any attribution or compensation to entrant. Entries will not be returned. Nothing shall obligate Sponsor to so use or engage in any of the foregoing.
10. General Conditions. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend this Sweepstakes should virus, bugs, unauthorized human intervention, technical failures or any other factor beyond Sponsor’s reasonable control corrupt the administration, security, fairness, integrity or proper operation of this Sweepstakes. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it believes to have tampered with the entry process or the operation of this Sweepstakes or to be acting in violation of these Rules or any other Sweepstakes, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage Sponsor’s Web site or undermine the legitimate operation of this Sweepstakes 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. Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that provision.
11. Release. Sponsor and its agents, affiliates and advertising and promotion agencies (a) make no warranty, guaranty or representation of any kind outside those written in these Rules, (b) disclaim any implied warranty; and (c) are not in any way responsible or liable for damage, loss or injury resulting from acceptance and use of a prize. Winner assumes liability for injuries or damages of any kind caused or claimed to be caused by participating in the Sweepstakes, or by the acceptance, possession or use of any prize. By entering, each entrant forever and irrevocably releases, indemnifies and holds harmless Sponsor and its designees, and their respective parents, subsidiaries and affiliates, agents, officers, directors, shareholders, advertising and promotion agencies, Sweepstakes partners, social media companies (including, without limitation Facebook, who is not a sponsor of the Sweepstakes and is not responsible for the same) and prize suppliers from and against all claims, injuries, damages, losses or liabilities arising in whole or in part, directly or indirectly, from entrant's participation and/or entry in the Sweepstakes and/or entrant's award, receipt or use of any prize awarded in the Sweepstakes.
12. Limitations of Liability. Without limiting the generality of the foregoing, by entering this Sweepstakes, each entrant agrees that the Released Parties are not responsible for, and are thereby released from liability in connection with: (1) incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in this Sweepstakes (2) technical failures of any kind, including but not limited to the malfunctions, interruptions or disconnections in phone lines or network, hardware or software; (3) unauthorized human intervention in any part of the entry process or this Sweepstakes; (4) technical or human error which may occur in the administration of this Sweepstakes or the processing of entries; or (5) late, lost, delayed, illegible, corrupted, incomplete, undelivered, undeliverable, damaged or stolen mail (or other communication, such as e-mail); or (6) any injury or damage to persons or property, including but not limited to entrant's computer, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in this Sweepstakes, receipt or use or misuses of any prize, or from downloading any material from any Released Party’s Web site(s) (including social media websites), regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor's web site by a hypertext link. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in this Sweepstakes, provided that if it is not possible to award another entry due to discontinuance of this Sweepstakes, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
13. Disputes. By entering this Sweepstakes, each entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively in Los Angeles County, California and shall not in any event be brought against any of the Released Parties; (2) any and all claims, judgments and awards shall be limited to the lesser of $555.55 or the actual out of pocket costs incurred to submit an eligible entry for this Sweepstakes (whichever is less), but in no event any attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses as described above, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of entrant, Sponsor and/or Released Parties in connection with this Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
15. Governing Law. This Sweepstakes and these Rules will be governed by and construed in accordance with the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than the State of California.
16. Termination of Sweepstakes. Sponsor reserves the right to modify, cancel, suspend or terminate the Sweepstakes in whole or in part, at any time. Should the Sweepstakes be terminated prior to the stated expiration, notice will be posted.
17. Severability. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
18. Winner's List/Rules. For Winner List and a set of Rules, send a self-addressed, stamped envelope to: Big 5 Sporting Goods ___________ Sweepstakes (requesting party should insert name of the particular Sweepstakes in the blank when sending) Attention: Marketing 2525 East El Segundo Boulevard El Segundo, CA 90245 Requests must be received within thirty (30) days of the conclusion of the Sweepstakes (or such later date as may otherwise be required by law). Residents of Vermont (and any other jurisdiction that requires the same by law) may exclude return postage for Rules.
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