CONTEST RULES
BALLER PICKLEBALL. “Instagram Giveaway” (The “Contest”). Entry in this contest constitutes acceptance of these contest rules (THE “Contest Rules”).
1. Eligibility: No Purchase Necessary.
Baller Pickleball “Instagram Giveaway” (The “Contest”) is intended to be conducted in the USA only and is open to legal residents of the Continental States. Entrants must be 18 years of age or older as of their date of entry in this promotion in order to qualify. This giveaway is subject to federal, state, and local laws and regulations and void where prohibited by law.
Baller Pickleball's employees, its subsidiaries, affiliates, suppliers, partners, advertising and promotion agencies, and directors (collectively the “Employees”), as well as members of an Employees' immediate family and/or those living in the same household of Employees are ineligible to participate in the Baller Pickleball Contest.
2. Sponsorship: The sponsor is Baller Pickleball (“Sponsor”), located at 270 Scarlett Rd, York, ON CA. Sponsor will conduct the Contest substantially as described in these Official Rules.
3. How to Enter the Contest: NO PURCHASE NECESSARY.
Entries: Eligible entrants can enter The Baller Pickleball Contest by following the method of entry set out on the contest post on Instagram, as well as following the page and liking the contest post.
As a participant, your entry must fully meet all Contest requirements, as specified in the Official Rules, in order to be eligible to win a prize. Incomplete entries or those that do not adhere to the Official Rules or specifications will be disqualified at the Sponsor's sole discretion.
If a participant’s response is posted on Instagram outside of the dates and times specified, as indicated by the date/time stamp on the post, the entry will be disqualified. Those who do not follow all of the instructions, or abide by these Contest Rules or other instructions of the Sponsor may also be disqualified.
General: (a) All Entries become the sole property of the Sponsor and none will be returned for any reason. Entries must be received within the contest period on Instagram to be entered in the Contest draw. Entries will be declared invalid if they are late, illegible, incomplete, damaged, irregular, mutilated, forged, garbled or mechanically or electronically reproduced. No communication or correspondence will be exchanged with entrants except with those selected to receive the Grand Prize.
(b) Entries shall be deemed to be submitted by the authorized account holder of the Instagram profile associated with the Entry. For the purpose of the Contest Rules, “authorized account holder" of the Instagram Profile is defined as the natural person who is assigned to the profile.
The selected entrant may be required to provide the Sponsor with proof that he/she is the authorized account holder associated with the winning entry.
4. Agreement to Rules: By entering this Contest, the Entrant (“You”) agrees to abide by the Sponsor's Official Rules and decisions, which are fully and unconditionally binding in all respects. The Sponsor reserves the right to refuse, withdraw, or disqualify any entry at any time at the Sponsor’s sole discretion. By entering this Contest the contestant represents and warrants that You are eligible to participate based on eligibility requirements explained in the Official Rules. You also agree to accept the decisions of the Sponsor as final and binding as it relates to the content of this Baller Pickleball Contest.
5. Baller Pickleball Contest Entry Period: This promotion begins on June 25, 2024 at 8:00am EDT and ends on June 28, 2024 at 11:59 pm EDT (“Entry Period”). To be eligible for the Contest, entries must be received within the specified Entry Period.
6. Prizes: One Grand Prize shall be awarded to the Winner of the Baller Pickleball Contest (the “Winner”)
The Grand Prize consists of a BALLER REC PADDLE & HAT
The Retail Value of the prize is $120 USD. The actual/appraised prize value may differ at the time the prize is awarded. The prize(s) shall be determined solely by the Sponsor. There shall be no cash or other prize substitution permitted except at the Sponsor’s discretion. The prize is non-transferable. The Winner, upon acceptance of the prize, is solely responsible for all expenses related to the prize, including without limitation any and all local, state, and federal taxes. The Winner shall not transfer assignment of the prize to others nor shall the Winner request the cash equivalent or prize substitution. By accepting the prize, the selected Winner grants permission for the Sponsor to use the Winner’s likeness, entry, and name for purposes of advertising and trade without further compensation unless prohibited by law.
7. Odds: The total number of eligible entries received determines the odds of winning.
8. Selection and Notification of Winner: The Winner will be selected by a random draw from all eligible entries received during the Contest Period, under the supervision of the Sponsor.
THE SELECTED ENTRANT WILL BE NOTIFIED BY INSTAGRAM DIRECT MESSAGE NO LATER THAN TWO (2) BUSINESS DAYS AFTER THE DRAW AND MUST RESPOND WITHIN FIVE (5) BUSINESS DAYS OF NOTIFICATION.
If the selected entrant does not respond in accordance with the Contest Rules, he/she will be disqualified and will not receive the Grand Prize and another entrant may be selected in the Sponsor’s sole discretion until such time as an entrant satisfies the terms set out herein. The Sponsor is not responsible for the failure for any reason whatsoever of the selected entrant to receive notification or for the Sponsor to receive the selected entrant’s response. Nor shall the Sponsor be liable for the Winner’s provision of incorrect or otherwise non-functioning contact information.
If the Winner fails to claim the prize within Five (5) business days from the time the award notification was sent, or is found ineligible, the prize may be forfeited and an alternate Winner may be selected. Receipt of the prize (offered in the Baller Pickleball Contest) by the Winner is upon the condition of compliance with any and all federal, state, and local laws and regulations.
IF THE WINNER VIOLATES ANY OF THESE OFFICIAL RULES, THE WINNER (AT THE SPONSOR’S SOLE DISCRETION) WILL BE DISQUALIFIED, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
9. Rights Granted by You: By submitting an entry (e.g., text, video, photo, etc.) into this Contest, You understand and agree that the Sponsor, any individual acting on the Sponsor’s behalf, and the licensees successors, and assigns of the Sponsor shall, where permitted by law, have the right to print, publish, broadcast, distribute and use in any media known now or hereafter developed, in perpetuity, worldwide, and without limitation, your submission, name, photo, portrait, voice, likeness, image, statements about the Baller Pickleball Contest, and your biographical information for news, publicity, advertising, promotional purposes, trade, information, and public relations without any further notice, review, consent, compensation, or remuneration.
10. Terms & Conditions: In its sole discretion, the Sponsor reserves the right to modify, suspend, cancel, or terminate the Baller Pickleball Contest should non-authorized human intervention, a bug or virus, fraud, or other causes beyond the Sponsor’s control, impact or corrupt the security, fairness, proper conduct, or administration of the Baller Pickleball Contest. The Sponsor, in the event of any of the above issues, may determine the Winner based on all eligible entries received prior to and/or after (if appropriate) the action taken by the Sponsor. Individuals who tamper with or attempt to tamper with the operation or entry process of the Baller Pickleball Contest or website or violates these Terms & Conditions will be disqualified by the Sponsor in its sole discretion. In its sole discretion, the Sponsor has the right to maintain the integrity of the Baller Pickleball Contest, to void votes for any reason, including, but not limited to: Multiple entries from the same user; multiple entries from the same computer beyond the number allowed by the Contest rules; or the use of bots, macros, scripts, or other technical means for entering. Attempts by any entrant to deliberately damage any website or undermine the legitimate operation of the Baller Pickleball Contest may be a violation of criminal and civil laws. If any such attempt is made, the Sponsor reserves the right to seek damages to the fullest extent permitted by law.
11. Release: The selected entrant will be required to execute a legal agreement and release (“Release”) that confirms his/her: (i) eligibility for the Contest and compliance with these Contest Rules; (ii) acceptance of the Grand Prize as offered; (iii) release of the Sponsor, its parent company, subsidiaries, affiliates, related companies, advertising, media buying and promotional agencies, and/or licensees, and each of their respective employees, directors, officers, suppliers, agents, administrators, representatives, successors and assigns (collectively, the “Releasees”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Contest, participation in any Contest-related activity or the acceptance, use, or misuse of any element of the Grand Prize including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom; and (iv) grant to the Sponsor of the unrestricted right, in the Sponsor’s discretion, to produce, reproduce, publish, broadcast, communicate by telecommunication, exhibit, distribute, adapt and otherwise use or re-use the Winner’s name, photograph, likeness, voice and biography, in any and all media now known or hereafter devised, in connection with the Contest and the promotion and exploitation thereof. The executed Release must be returned within ten (10) business days of notification or the selected entrant will be disqualified, and another entrant will be selected.
12. Indemnification by Entrant: By entering the Contest, each entrant releases and holds the Releasees harmless from any and all liability for any injuries, loss or damage of any kind to the entrant or any other person, including personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any element of the Grand Prize, participation in the Contest, any breach of the Contest Rules, or in any Grand Prize -related activity. Each entrant agrees to fully indemnify Releases from any and all claims by third parties relating to the Contest, without limitation.
13. Disputes: THIS CONTEST IS GOVERNED BY THE LAWS OF CANADA AND THE PROVINCE OF ONTARIO, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. The Entrant agrees, as a condition of participating in this promotion, that if any disputes cannot be resolved between the Entrant and the Sponsor, and if causes of action arise out of or are connected with this Contest, they shall be individually resolved exclusively before a court located in Ontario having jurisdiction, without resorting to any form of class action. Under no circumstances in any such dispute shall the participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Contest). The participant waives all rights to have damages multiplied or increased.
14. Limitation of Liability: The Sponsor assumes no responsibility or liability for lost, late, unintelligible/illegible, falsified, postage-due, damaged, misdirected or incomplete Entries, notifications, responses, replies or any Release, or for any computer, online, software, telephone, mobile device, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an entry. The Sponsor is not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the administration of the Contest. The Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. The Sponsor is not responsible for any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, e-mail, mobile device, players, or browsers, on account of technical problems or traffic congestion on the Internet, any network, at any website, or on account of any combination of the foregoing. The Sponsor is not responsible for any injury or damage to entrants or to any computer or mobile device related to or resulting from participating or downloading materials in this Contest. Entrant assumes liability for injuries caused or claimed to be caused by participating in the Contest, or by the acceptance, possession, use of, or failure to receive any prize. The Sponsor assumes no responsibility or liability in the event that the Contest cannot be conducted as planned for any reason, including those reasons beyond the control of the Sponsor, such as infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of this Contest, and/or the Contest Website.
15. Conduct: By participating in the Contest, each entrant agrees to be bound by the Contest Rules, which will be posted at {baller.pickleball/instagramcontest} and made available throughout the Contest Period. Entrant further agrees to be bound by the decisions of the Sponsor, which shall be final and binding in all respects. The Sponsor reserves the right, in its sole discretion, to disqualify any entrant found to be: (a) violating the Contest Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Contest and/or the Contest Website; and/or (c) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION.
16. Privacy / Use of Personal Information: By participating in the Contest, entrant: (i) grants to the Sponsor the right to use his/her name, mailing address, telephone number, e-mail address and date of birth (“Personal Information”) for the purpose of administering the Contest, including but not limited to contacting the potential winner; (ii) if he/she is the winner grants to the Sponsor the right to use his/her Personal Information for publicity and promotional purposes relating to the Contest, in any and all media now known or hereafter devised, without further compensation unless prohibited by law; and (iii) acknowledges that the Sponsor may disclose his/her Personal Information to third-party agents and service providers of any of the Sponsor in connection with any of the activities listed in (i) and (ii) above.
Baller Pickleball will use the entrant’s Personal Information only for identified purposes, and protect the entrant’s Personal Information in a manner that is consistent with Baller Pickleball website Click here to read the Privacy Policy.
17. Intellectual Property: All intellectual property, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by the Sponsor and/or its affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.
18. Termination: Sponsor reserves the right, in its sole discretion to terminate the Contest, in whole or in part, and/or modify, amend or suspend the Contest, and/or the Contest Rules in any way, at any time, for any reason without prior notice.
19. Law:. These are the official Contest Rules. The Contest is subject to applicable federal, provincial and municipal laws and regulations. The Contest Rules are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over the Sponsor. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Rules or the rights and obligations as between the entrant and the Sponsor in connection with the Contest shall be governed by and construed in accordance with the laws of the province of Ontario including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws.
20. Winners List: You may obtain a copy of the Winner’s name(s) or a copy of these Official Rules, by sending your request via mail with a stamped, self-addressed envelope to: Baller Pickleball, 270 Scarlett Rd, York, ON M6N 4X7 Canada. Requests must be postmarked no later than June 30, 2024.
21. Social Media: This Contest is in no way sponsored or endorsed by any social media platforms on which the Contest may have been promoted and/or publicized.
22. Sponsor and Administrator: Baller Pickleball, 270 Scarlett Rd. York, ON, M6N 4X7 Canada