AAS Standard Sweepstakes Terms and Conditions Applicable to All Sweepstakes
NO DONATION OR PURCHASE IS NECESSARY TO ENTER OR WIN. A DONATION OR PURCHASE WILL NOT IMPROVE YOUR ODDS OF WINNING.
These Standard Sweepstakes Terms and Conditions are applicable to all sweepstakes (“Sweepstakes”) offered on this site or through our Social Media. Each Sweepstakes also includes a set of Sweepstakes rules (the “Sweepstakes Rules”), which govern each individual Sweepstakes together with these Standard Sweepstakes Terms and Conditions. In the event of a conflict between these Standard Sweepstakes Terms and Conditions and any individual Sweepstakes Rules, the Sweepstakes Rules govern.
Eligibility: Unless otherwise specified in any Sweepstakes Rules, all Sweepstakes are open to legal residents of the United States and Canada who have reached the age of majority in their State, Province or Territory of residence and are of legal age to form a binding contract. Entrants are subject to all applicable federal, state, provincial and local laws and regulations. Void where prohibited by law.
Agreement to Terms and Conditions and Rules: By participating in any Sweepstakes, entrants agree to abide by these Standard Sweepstakes Terms and Conditions and the individual Sweepstakes Rules. Entrants also agree that the decisions on Sponsor and its designees are final and binding in all respects and entrants waive any right to claim ambiguity in these Standard Sweepstakes Terms and Conditions and any individual Sweepstakes Rules. Sponsor reserves the right to qualify all entries and to reject any entries that do not meet the requirements for participation as established by Sponsor.
Entry Periods: Entry Periods for each Sweepstakes are defined in the Sweepstakes Rules. Entries received before or after the applicable Entry Period are void. Sponsor’s computer is the official time-keeping device for all Sweepstakes.
How to Enter: During the Entry Period for a Sweepstakes, you may enter in one of two ways:
Entries that have been generated by a script, macro, bot or any other automated means will be deemed void. One valid email address per participant. Individuals may not share the same email address. Using multiple email addresses, names, identities, addresses or any other procedures to submit entries in excess of the applicable entry limit may result in the disqualification of all entries belonging to an individual.
Sponsor assumes no responsibility for computer system, hardware, software or program malfunctions or other errors, failures, delayed computer transactions or network connections that are human or technical in nature, or for damaged, lost, late, illegible or misdirected entries; technical, hardware, software, electronic or telephone failures of any kind; lost or unavailable network connections; fraudulent, incomplete, garbled or delayed computer transmissions whether caused by Sponsor, entrants, or by any of the equipment or programming associated with or utilized in this Sweepstakes; or by any technical or human error that may occur in the processing of donations or entries or any downloading that may limit, delay or prevent an entrant’s ability to participate in any Sweepstakes. Sponsor is not liable for any loss, injury or damage caused, whether directly or indirectly, in whole or in part, from downloading data or otherwise participating in any Sweepstakes.
Sponsor reserves the right, in its sole discretion to: (i) cancel any Sweepstakes, (ii) suspend any Sweepstakes and award the prizes from entries received up to the time of termination or suspension, or (iii) substitute a prize of equal or greater value, should causes beyond Sponsor’s control, including, but not limited to unauthorized human intervention, natural disasters, acts of terrorism or pandemics, which, in the sole opinion of Sponsor, corrupt, compromise or materially affect the administration, fairness, security or proper play of the Sweepstakes, proper submission of donations or entries, or awarding of any prize.
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY SWEEPSTAKES WILL RESULT IN IMMEDIATE DISQUALIFICATION AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Odds: The odds of winning any Sweepstakes are not calculable in advance and depend on the number of eligible Entries received.
Sweepstakes Drawings: Potential winners of each Sweepstakes (a “Potential Winner”) will be randomly drawn from among all eligible entries received for the applicable Sweepstakes. The drawing will occur following the close of the Entry Period or as specified on the Sweepstakes Rules.
Notification: Unless otherwise indicated in the Sweepstakes Rules, Potential Winners will be notified via email and/or social media per the email address and social media provided in connection with the selected entry. If any Potential Winner does not acknowledge receipt of the notification within 24 hours after being notified, he or she will not be considered as a Potential Winner and another Potential Winner may be chosen using the same procedure specified above.
Requirements of Winners: Potential Winners will only be confirmed as the winner of a given Sweepstakes (a “Winner”) after Sponsor has: (i) completed verification of the Potential Winner’s eligibility to win and (ii) confirmed the Potential Winner’s compliance with the terms of these Standard Sweepstakes Terms and Conditions and the individual Sweepstakes Rules. Sponsor may also require Potential Winners to: undergo a background check and sign and return an affidavit of eligibility and liability and publicity release, wherever lawful, as a precondition to becoming a Winner.
Sponsor reserves the right, in its sole discretion, to disqualify any Potential Winner based on the results of such background check, if the Sponsor determines in its sole discretion that awarding the prize to the Potential Winner might reflect negatively on Sponsor or any of the Sponsor Partners, or be likely to put Sponsor, any of the Sponsor Partners, or any other third-party in danger. Sponsor is not obligated to clarify, confirm, or share any specific results of background check with any Potential Winner, whether the background check resulted in disqualification or not. Potential Winners will not be disqualified based on race, ancestry, national origin, religion, gender or gender identity, or sexual orientation.
If any Potential Winner fails to sign and return the requested documents to Sponsor, that individual may be disqualified, and Sponsor may thereafter select another Potential Winner from the remaining entries using the procedure specified above. Winners must also be willing and able to claim and/or accept the prize in full in the period specified by Sponsor. Sponsor has no obligation to select another Potential Winner after five (5) Potential Winners are disqualified or forfeit the prize for a given Sweepstakes.
For Canadian residents: In addition to the above requirements, before being declared a Winner, the Potential Winner must correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered during a pre-arranged telephone call or by e-mail.
Prizes: Prizes for all Sweepstakes are identified in the Sweepstakes Rules along with the estimated retail value of the prizes for each Sweepstakes.
Sponsor reserves the right to substitute a prize of equal or greater value in Sponsor’s sole discretion. Prizes are non-transferable and non-refundable, and no substitutions will be made except as provided herein or in the Sweepstakes Rules, in the Sponsor’s sole discretion. All expenses not specified in the Sweepstakes Rules are the sole responsibility of the applicable Winner.
NON-MONETARY PRIZES ARE AWARDED AS IS AND WITHOUT CONDITION, WARRANTY, GUARANTEE OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) BEYOND THE CUSTOMARY REPRESENTATIONS PROVIDED WHEN THE PRIZE IS SOLD AT RETAIL.
Winners are responsible for any and all applicable local, state, provincial and/or federal taxes and fees. Sponsor will issue a Form 1099 to any Winner receiving a prize with a total retail value of $600 or more.
Terms of Use and Privacy: By participating in any Sweepstakes, you signify that you have read and understood the AAS Terms of Use (which include the AAS Privacy Policy), which governs any submission of personal information in connection with any Sweepstakes.
For Canadian Residents: By participating in the Sweepstakes, you: (i) grant to the Sponsor the right to use your name, mailing address, telephone number, and e-mail address (“Personal Information”) for the purpose of administering the Sweepstakes, including but not limited to contacting and announcing the Winners; (ii) grant to the Sponsor the right to use your Personal Information for publicity and promotional purposes relating to the Sweepstakes, in any and all media now known or hereafter devised, without further compensation unless prohibited by law; and (iii) acknowledge that the Sponsor may disclose your Personal Information to third-party agents and service providers of the Sponsor in connection with any of the activities listed in (i) and (ii) above.
Release and Publicity: Your participation in any Sweepstakes is voluntary. You assume all such risks and all related damages and losses, whether caused in whole or in part by any act or omission of Sponsor, Sponsor Partners, any prize providers or their respective affiliates, or any of their officers, directors, employees, agents, partners and licensors (“Sponsor Parties”), even where such acts or omissions are negligent. You voluntarily release, waive, discharge and hold harmless the Sponsor Parties from any and all claims, demands or causes of action for property damage, bodily injury, wrongful death, loss of services or other claims arising from or relating to your participation in any Sweepstakes and/or acceptance, possession and use of any prize.
BY RECEIPT OF ANY PRIZE AND/OR BY SIGNING AN AFFIDAVIT OF ELIGIBILITY AND LIABILITY/PUBLICITY RELEASE, IF REQUESTED, WINNERS CONSENT TO THE USE OF THEIR NAME AND ADDRESS BY SPONSOR FOR ADVERTISING AND PROMOTIONAL PURPOSES, WITHOUT ANY ADDITIONAL COMPENSATION, EXCEPT WHERE PROHIBITED.
Limitations on Liability: IN NO EVENT SHALL THE SPONSOR PARTIES BE LIABLE TO ANY SWEEPSTAKES PARTICIPANT OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY SWEEPSTAKES, ANY PRIZE AWARDED OR TO BE AWARDED IN ANY SWEEPSTAKES, UNDER STANDARD SWEEPSTAKES TERMS AND CONDITIONS, ANY SWEEPSTAKES RULES OR IN CONNECTION WITH THEIR PERFORMANCE OR BREACH, OR IN CONNECTION WITH ANY WARRANTIES HEREUNDER, OR IN CONNECTION WITH ANY SWEEPSTAKES OR YOUR USE OF ANY PRIZE AWARDED IN ANY SWEEPSTAKES, INCLUDING FOR THEIR NEGLIGENCE, INCLUDING ANY LOSS OF PROFITS OR SAVINGS OR ANTICIPATED PROFITS OR SAVINGS, DATA, OPPORTUNITY, REPUTATION, GOODWILL, OR BUSINESS, EVEN IF THE SPONSOR PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
THE SPONSOR PARTIES’ MAXIMUM AGGREGATE LIABILITY FOR ANY SINGLE EVENT (OR A SERIES OF RELATED EVENTS) GIVING RISE TO A CLAIM IN CONNECTION WITH THESE STANDARD SWEEPSTAKES TERMS AND CONDITIONS OR ANY SWEEPSTAKES RULES OR IN RELATION TO ANY SWEEPSTAKES, EITHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, MISREPRESENTATION, OR NEGLIGENCE, WILL BE LIMITED TO $50 USD.
BY PARTICIPATING IN ANY SWEEPSTAKES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND, IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Any claims relating to any Sweepstakes must be bought within one (1) year from the date the cause of action arose. Claims brought after such period are VOID.
Governing Law: These Standard Sweepstakes Terms and Conditions shall be governed by and construed and enforced in accordance with the laws of the United States, without regard to conflict of law provisions, and the parties submit to the exclusive jurisdiction of the state and federal courts located in Hennepin County, Minnesota, in relation to any dispute between them arising out of the subject matter of these Standard Sweepstakes Terms and Conditions and/or any Sweepstakes Rules.
DISPUTES: IF ANY DISPUTE ARISES BETWEEN SPONSOR AND YOU ARISING OUT OF OR RELATING IN ANY WAY TO THESE STANDARD SWEEPSTAKES TERMS AND CONDITIONS OR ANY SWEEPSTAKES RULES, YOUR PARTICIPATION IN ANY SWEEPSTAKES, INCLUDING, BUT NOT LIMITED TO, THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THESE STANDARD SWEEPSTAKES TERMS AND CONDITIONS OR ANY SWEEPSTAKES RULES, OR ANY PRIZES TO BE AWARDED OR ACTUALLY AWARDED IN CONNECTION WITH ANY SWEEPSTAKES, WE BOTH AGREE THAT THE DISPUTE WILL BE SETTLED ONLY THROUGH ARBITRATION. This means that neither Sponsor nor you will sue in court before a judge or jury, individually or as a class member. Instead, one neutral arbitrator will decide the dispute, and the arbitrator’s decision will be final except for a limited right of appeal under the Federal Arbitration Act. The arbitrator may award declaratory or injunctive relief only for the individual claims between Sponsor and you.
The arbitration will be administered by American Arbitration Association (“AAA”), in accordance with its Consumer Arbitration Rules. The arbitrator will be bound to follow applicable federal and state laws and regulations in deciding all issues and in rendering any award. The parties will be entitled to invoke the rules of discovery applicable to state court proceedings. The arbitration proceedings will be conclusive and not appealable, and any party to any award rendered in any arbitration proceeding will be entitled to have judgment entered on that award. Arbitration will take place in either Minneapolis or, at your election, in the county where you are located. Each of us will pay our own attorneys’ fees and expenses and one-half of the arbitrator’s fees and expenses.
You may reject any change we make to this arbitration section and class action waiver by sending Sponsor notice within thirty (30) days of the change. You may also opt out of this Arbitration Clause and Class Action Wavier by sending Sponsor a written notice so stating within thirty (30) days following any transaction with us and retaining a copy of that opt out notice as well as proof of mailing of Your opt-out notice within the prescribed period. Either notice must be sent to Authentic Athlete Signature Club, 1142 W Island dr, Chandler AZ 85248. If you do not provide notice and retain a copy for your records, this Arbitration Clause and Class Action Wavier will apply.
SPONSOR AND YOU AGREE THAT ANY PROCEEDINGS TO RESOLVE ANY DISPUTE, INCLUDING ARBITRATION AND LITIGATION IN COURT, WILL BE CONDUCTED INDIVIDUALLY ONLY. Neither of us will seek to have any dispute heard as a class action, a class-wide arbitration, a private attorney-general action, or any other proceeding in which either of us acts or proposes to act as a representative for others. Sponsor and You also agree that no arbitration or other proceeding will be combined with another arbitration or proceeding without the written consent of Sponsor, you, and every other party to that arbitration or proceeding.
Severability: If any provision of these Standard Sweepstakes Terms and Conditions or any Sweepstakes Rules is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of these Standard Sweepstakes Terms and Conditions or any Sweepstakes Rules.
COVID-19 Warning: An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting COVID-19 or any other communicable disease or illness, or a bacteria, virus or other pathogen capable of causing a communicable disease or illness, whether occurring before, during, or after any event you participate in as part of any prize awarded for any Sweepstakes, however caused or contracted, and voluntarily waive all claims and potential claims against Sponsor Parties relating to such risks.
Sweepstakes Results and Applicable Rules: To obtain a list of Winners or copy of these Standard Sweepstakes Terms and Conditions or any Sweepstakes Rules, send an email to Txapn@yahoo.com, identifying the specific Sweepstakes, if applicable. Names of Winners will only be available for a period of ninety (90) days.
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