Scan and Win Sweepstakes Terms

IMPORTANT NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. SWEEPSTAKES BEGINS AT 7 am Central Time on February 24, 2023, and ends at 8 pm CENTRAL TIME on February 25, 2023. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. THESE TERMS GOVERN ALL ASPECTS OF PARTICIPATION AND AWARDING OF PRIZES.

These Scan and Win Sweepstakes Terms (the “Scan and Win Sweepstakes Terms”) set forth the terms and conditions governing participation in the Sweepstakes (as defined below). By agreeing to these Scan and Win Sweepstakes Terms and participating in this Sweepstakes, you are confirming that you understand these Scan and Win Sweepstakes Terms, and that you accept all of the same. These Scan and Win Sweepstakes Terms govern the Sweepstakes, but they do not govern the Varsity Spirit Events mobile application or services or other Varsity Spirit or Varsity Brands websites or services, which are governed by their own terms.

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS SUBJECT TO ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS AND IS VOID WHERE PROHIBITED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET, OR WHERE THE METHODS OF ENTRY SET FORTH BELOW WOULD BE DEEMED CONSIDERATION. PARTICIPATION IN THE SWEEPSTAKES CONSTITUTES FULL AND UNCONDITIONAL AGREEMENT WITH AND ACCEPTANCE OF THESE TERMS.

Promotion: Varsity Spirit’s 2023 NCA All Star Nationals – Scan and Win Sweepstakes (the “Sweepstakes”)

Sponsor: Varsity Spirit LLC  (the “Sponsor”) who may be contacted by email at info@varsity.com.

In the event of a conflict between these Scan and Win Sweepstakes Terms and any instructions or interpretations of these Scan and Win Sweepstakes Terms given by an employee or agent of Sponsor regarding the Sweepstakes, these Scan and Win Sweepstakes Terms shall prevail. In the event of any discrepancy or inconsistency between the Scan and Win Sweepstakes Terms and disclosures or other statements contained in any Sweepstakes-related materials, these Scan and Win Sweepstakes Terms shall prevail, govern and control.

 

  1. ELIGIBILITY

An “Entrant” must be a natural person of and located in the 50 United States or the District of Columbia during the entire duration of the Sweepstakes Instance (as defined below), and be at least eighteen (18) years of age at the time of the applicable Sweepstakes Instance (as defined below). Officers, directors, agents, sales representatives, distributors, and employees of Sponsor (and the household members and immediate family members, e.g., children, spouse, siblings, parents and the “steps” of each of the aforementioned), their parent companies, subsidiaries, affiliates, and their advertising, promotion and web design agencies, and other individuals/entities associated with this Sweepstakes are not eligible to enter or win. The Sweepstakes is void outside the 50 United States and the District of Columbia, and where otherwise prohibited or restricted by law.

The Sweepstakes is subject to all applicable federal, state and local laws and/or regulations and every action taken by an Entrant in the Sweepstakes must comply with these laws and regulations. Participation in the Sweepstakes constitutes Entrant’s full and unconditional agreement to these Scan and Win Sweepstakes Terms and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Entrants waive any right to claim ambiguity in these Scan and Win Sweepstakes Terms. Winning is contingent upon fulfilling all requirements set forth herein.

Sponsor reserves the right to verify an Entrant’s eligibility or to adjudicate on any dispute at any time before, during, or after the Sweepstakes. If you provide any false information relating to the Sweepstakes concerning your identity, residency, mailing address, telephone number, email address, ownership or right, or information required for participating in the Sweepstakes, you may be immediately disqualified from the Sweepstakes in the Sponsor’s sole discretion.

 

  1. ACCEPTANCE OF RELEVANT TERMS AND POLICIES

By submitting an Entry (defined below), each Entrant agrees to these Scan and Win Sweepstakes Terms and the Varsity Spirit Terms of Use (https://www.varsity.com/terms-of-use/), and understands that information submitted with an Entry or in order to claim a Prize (defined below) is subject to Varsity Spirit’s Privacy Policy (https://www.varsity.com/privacy-policy). Each Entrant agrees to abide by these Scan and Win Sweepstakes Terms and the decisions of the Sponsor, which are final and binding in all respects.

 

  1. ENTRY PERIOD

The Sweepstakes begins at 7 am Central Time (“CT”) on February 24, 2023 (“Start Time”), and ends at 8 pm] CT on February 25, 2023 (“End Time”). The period from the Start Time to the End Time shall be known as the “Entry Period.” Entries submitted before or after the Entry Period will not be eligible. Sponsor’s computer is the official time-keeping device for the Sweepstakes.

 

  1. HOW TO ENTER

There are two ways to secure an entry into the Sweepstakes (either an “Entry”; collectively “Entries”).

Individuals attending the NCA All Star Nationals Competition in Dallas, Texas may secure an Entry through the Varsity Spirit Event App. During the Entry Period, you must register for the Varsity Spirit Event App and collect and unlock virtual badges around the venue and at sponsored booths using the “Fan Scan” tool in the Varsity Spirit Event App to scan applicable QR codes. You can view unlocked and locked badges and location information on where to find the QR codes within the “Scan and Win” section of the Varsity Spirit Event App. Once you have unlocked all 7 badges, you will secure your Entry into the Sweepstakes.

Alternatively, individuals may secure an Entry by sending an email during the Entry Period to info@varsity.com with the subject line “Entry into Varsity Spirit’s 2023 NCA All Star Nationals – Scan and Win Sweepstakes” and (i) your first and last name, (ii) email address, and (iii) mailing address in the body of the email. The email must be sent and received during the Entry Period to secure an Entry.

MAXIMUM OF ONE TOTAL ENTRY PER ENTRANT REGARDLESS OF THE METHOD OF ENTRY. Multiple Entrants are not permitted to share the same email address or Varsity Spirit Event App registration. Any attempt by any Entrant to obtain more than one Entry by using multiple/different email addresses, identities, registrations, or any other methods will void that Entrant’s Entry and that Entrant may be disqualified.

Sponsor shall not be liable for any problems that occur during the entry process, including without limitation, late, incomplete, delayed, undelivered, or misdirected Entries, and shall not have any obligation to advise you of an incomplete, invalid, or undeliverable submission. No illegible, incomplete, forged, or altered Entries will be accepted. All Entries become the exclusive property of Sponsor and will not be returned

No money or other thing of value may be collected, charged, contributed or exchanged as a condition of entry into the Sweepstakes.

 

  1. STRUCTURE OF THE SWEEPSTAKES DRAWINGS

Sponsor will conduct prize drawings over the course of two days (each a “Drawing” and collectively, the “Drawings”) to determine the potential winner for each prize (each a “Selected Winner” and collectively, the “Selected Winners”).

The first set of prize Drawings will occur on February 24, 2023 (each a “Day One Drawing”) throughout the day, with the Day One Grand Prize drawings occurring later in the afternoon. For each Day One Drawing Prize listed below, Sponsor will select one (1) Selected Winner in a random drawing of all eligible Entries received by Sponsor at least approximately thirty (30) minutes before each Day One Drawing. For the sake of clarity, Sponsor will select seven (7) total Selected Winners over the course of seven (7) Day One Drawings.

The second set of prize Drawings will occur on February 25, 2023 (each a “Day Two Drawing”) throughout the day, with the Day Two Grand Prize drawings occurring later in the afternoon. For each Day Two Drawing Prize listed below, Sponsor will select one (1) Selected Winner in a random drawing of all eligible Entries received by Sponsor at least approximately thirty (30) minutes before each Day Two Drawing. At least the final Day Two drawing will occur after the End Time for the Sweepstakes. For the sake of clarity, Sponsor will select seven (7) total Selected Winners over the course of seven (7) Day Two Drawings.

If you are a Selected Winner, your Entry will no longer be eligible for additional prizes and your Entry will be removed from future drawings.

The Drawings will be conducted by representatives of Sponsor whose decisions regarding the Sweepstakes and the application of these Scan and Win Sweepstakes Terms are final and binding.

 

  1. SELECTED WINNER REQUIREMENTS, VERIFICATION, AND DELIVERY OF PRIZE

Within twenty-four (24) hours of each Drawing, Sponsor will send an email from info@varsity.com] to the email address provided by the Selected Winner in the Entry and/or send an informational text message to the phone number provided by the Selected Winner in the Entry (the “Notification”). Any text messages we send to you are subject to the applicable terms set forth in our SMS Terms (http://attn.tv/varsity/terms.html).If so instructed in the Notification, the Selected Winner must communicate acceptance to Sponsor by responding to the Notification and providing all required information and documentation (collectively, a “Response”) within twenty-four (24) hours of the Notification.

Except where prohibited, a Selected Winner may be required to complete and return an affidavit of eligibility and liability/publicity release or otherwise prove their identity and age. Each Selected Winner may be required to sign and return to Sponsor a completed Form W 9 (“W-9”) for tax reporting purposes, in order to claim their Prize (defined below).

Any participation or action by any Entrant or Selected Winner that does not comply with the Scan and Win Sweepstakes Terms or Varsity Spirit Terms of Use will be disqualified. Decisions of the Sponsor are final and binding with respect to all matters related to the Sweepstakes.

If the Selected  Winner fails to respond within the required time, if the Notification is returned as undeliverable or fails to reach the Selected Winner for any reason, or the Selected Winner cannot be verified in a timely manner, the Selected Winner may be disqualified and an alternate Selected Winner may be selected at Sponsor’s sole discretion (though Sponsor reserves the right to not award the Prize at all). If an alternate Selected Winner is selected, they will be subject to the same Notification and Response obligations and may be disqualified in the same manner. Sponsor shall not be responsible for any inability of the Selected Winner to accept or use any portion of the Prize for any reason.

Subject to completion verification of eligibility and compliance with the terms of these Scan and Win Sweepstakes Terms and the Varsity Spirit Terms of Use, each Selected Winner will be declared the official winner of the relevant Prize (each an “Official Winner” and collectively, the “Official Winners”).

Sponsor may issue a Prize immediately on-premises or, in its sole discretion, may deliver the Prize at a later time using the contact information provided by the Official Winner in the Entry to facilitate delivery in a reasonable amount of time. An Official Winner can acquire the relevant Prize from Sponsor at the NCA All Star Nationals Competition by following instructions provided by Sponsor in the Notification or subsequent communications. If the Official Winner is not in attendance at the NCA All Star Nationals Competition or otherwise cannot acquire the Prize during the NCA All Star Nationals Competition, Sponsor will deliver the Prize (or a substitute prize of greater or equal value; for instance a gift card in the amount of the full approximate retail value for that Prize) using information provided to Sponsor by the Official Winner.

 

  1. PRIZES AND ODDS

The prizes to be awarded are as follows and will be selected in the order listed below (each a “Prize”).

Day One Drawing Prizes

Prize Number of  Winners of the Prize Approximate Retail Value Description of Prize
Day One Grand Prize 2 $350 $250 gift card to Varsity Spirit, which can be spent on shop.varsity.com or on site at NCA All Star Nationals Competition at participating retailers

 

A collection of Varsity Spirit branded merchandise, which may include some, but not all, of the following: drink tumblers, water bottles,  hats, bags, or other items.

$50 Gift Card 5 $50 $50 gift card to Varsity Spirit, which can be spent on shop.varsity.com or on site at NCA All Star Nationals Competition at participating retailers

 

Day Two Drawing Prizes

Prize Number of  Winners of the Prize Approximate Retail Value Description of Prize
Day Two Grand Prize 2 $350 $250 gift card to Varsity Spirit, which can be spent on shop.varsity.com or on site at NCA All Star Nationals Competition at participating retailers

 

A collection of Varsity Spirit branded merchandise, which may include some, but not all, of the following: drink tumblers, water bottles,  hats, bags, or other items.

$50 Gift Card 5 $50 $50 gift card to Varsity Spirit, which can be spent on shop.varsity.com or on site at NCA All Star Nationals Competition at participating retailers

 

 

Total Approximate Retail Value (“ARV”) of all Prizes = $1,900 (USD).

ALL PRIZES ARE AWARDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS MAY NOT ALLOW (OR MAY LIMIT) DISCLAIMERS OF CERTAIN WARRANTIES, IN WHICH CASE THE FOREGOING DISCLAIMERS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Odds of winning each Drawing depend on the total number of eligible Entries received during the Entry Period prior to that Drawing.

Each Official Winner is solely responsible for all federal, state, and local taxes and other fees associated with his or her receipt and use of a Prize. The Sponsor will withhold and/or report taxes as required by the applicable law of the Sponsor’s jurisdiction, and, if so required, or if so requested by Sponsor, Official Winner must provide accurate information to Sponsor to allow Sponsor to comply with tax regulations and share with appropriate tax authorities.

No substitution, assignment or transfer of Prize is permitted, except by the Sponsor, who reserves the right to substitute the Prize with another prize of greater or equal value if Prize cannot be awarded as stated. Neither a Selected Winner nor Official Winner may request cash or a substitution prize.

Sponsor is responsible only for Prize delivery. Sponsor is not responsible for Prize utility, quality or otherwise.

 

  1. WINNERS’ LIST

The final list of Official Winners will be posted on varsity.com/event-app-sweepstakes-terms following the conclusion of the Sweepstakes for a limited time. To obtain a copy of the winners’ list or a copy of these Scan and Win Sweepstakes Terms, send your request along with a stamped, self-addressed envelope to:

14460 Varsity Brands Way

Farmers Branch, Texas

75244

Attn: Director of Digital Experience – Varsity Spirit’s 2023 NCA All Star Nationals – Scan and Win Sweepstakes

All such requests must be received within three (3) months after the end of the Sweepstakes.

 

  1. NO THIRD PARTY SPONSOR

This Sweepstakes is in no way sponsored, endorsed, or administered by, or in association with any person or other entity, including any third party, other than Sponsor. Neither Apple, Inc. nor Google, Inc. are Sponsors of this Sweepstakes and neither is affiliated with this Sweepstakes in any way.

 

  1. LICENSE GRANT

By submitting an Entry to the Sweepstakes, you grant Sponsor, its affiliates, agents, licensees, and assigns, an irrevocable, perpetual, worldwide, royalty-free, non-exclusive right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Entry and any information provided with your Entry as-is or as-edited (with or without your name, image and likeness) in any media throughout the world for any purpose, without limitation, and without additional review, compensation or approval from you.

 

  1. PUBLICITY

Each Official Winner agrees to Sponsor and its affiliates, agents, and advertising and promotion agencies’ use of their name, address, likeness, location, and/or prize information for promotional purposes in any medium without additional compensation to the extent permitted by law. By participating in the Sweepstakes, each Official Winner agrees to refrain from any behavior or communication that would harm the image or reputation of Sponsor or the Varsity Spirit community. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOUR PERSONAL IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, PLACING YOUR NAME ON A WINNERS’ LIST.

 

  1. ADDITIONAL TERMS AND CONDITIONS

The decisions made by Sponsor regarding, but not limited to, eligibility, winners, selection, prizes and compliance with these Scan and Win Sweepstakes Terms are final and binding. Sponsor reserves the right to make reasonable changes to these terms (excluding Section 16) (a) to ensure the fairness of competition, and (b) in response to unanticipated developments such as technical failures, errors, acts of God, natural disasters, terrorism, and changes in applicable law.

CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE, DEVICE, OR APP, OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

 

  1. REPRESENTATIONS AND WARRANTIES

Entrant represents and warrants to Sponsor that Entrant is at least 18 years of age, and has full right, power, and authority to enter into these Scan and Win Sweepstakes Terms and grant the rights granted hereunder. Entrant further represents and warrants to Sponsor that Entrant is providing only true and correct statements and other information in connection with these Scan and Win Sweepstakes Terms.

 

  1. LIMITATIONS OF LIABILITY AND RELEASE; GENERAL CONDITIONS

By participating in this Sweepstakes, Entrants agree that the Sponsor and each of its affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, participating locations and each their respective officers, directors, stockholders, employees, representatives, designees and agents (“Released Parties”) are not responsible for:

  • any incorrect or inaccurate information, whether caused by Entrants, non-authorized human intervention, printing errors or by any of the equipment or programming associated with or utilized in this Sweepstakes;
  • technical failures of any kind including, but not limited to, malfunctions, interruptions, or disconnections in phone lines, telephone network, network hardware or software, cable, satellite, cellular tower, VSAT connection or internet service provider;
  • typographical, printing, network, mechanical, electronic, technical, battery, human or other errors or malfunctions of any kind relating to or in connection with this Sweepstakes including, without limitation, errors or problems which may occur in the administration of this Sweepstakes, the processing of entries, the announcement of the prizes or other errors in these Scan and Win Sweepstakes Terms or in any other Sweepstakes-related materials;
  • any liability, loss, injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in this Sweepstakes or receipt, use or misuse of any prize; or
  • lost, incomplete, late, misdirected, garbled, undelivered, incomplete, stolen, or mutilated transactions, subscriptions or entries; or garbled, lost, misrouted or scrambled communications or transmissions.

By entering the Sweepstakes, each Entrant agrees: (i) to be bound by these Scan and Win Sweepstakes Terms; (ii) to waive any rights to claim ambiguity with respect to these Scan and Win Sweepstakes Terms; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Sweepstakes; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including, but not limited to, any Sweepstakes-related activity or element thereof, and the Entrant’s entries, participation or inability to participate in the Sweepstakes; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a Prize (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by Entrant.

None of the Released Parties assumes any liability for any personal injury or property damage or losses of any kind including, without limitation, direct, indirect, consequential, incidental or punitive damages which may be sustained to Entrant resulting from Entrant’s attempt to participate in the Sweepstakes.

If, for any reason, the Sweepstakes is not capable of running as planned, or the integrity and or feasibility of the Sweepstakes is severely undermined by any event beyond the control of Sponsor, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, infection by computer virus, unauthorized intervention, technical failures or other cause not reasonably within the control of Sponsor, Sponsor reserves the right, at its sole and absolute discretion, to restart, abbreviate, cancel, terminate, modify or suspend the Sweepstakes and/or proceed with the Sweepstakes, including the determination of winner and Prize Amount in a manner it deems fair and reasonable.

Without limiting the foregoing, everything regarding this Sweepstakes, including the Prize, is provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.

NOTWITHSTANDING ANYTHING ELSE HEREIN OR OTHERWISE, RELEASED PARTIES SHALL NOT BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THESE SCAN AND WIN SWEEPSTAKES TERMS OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, GOODWILL, OR ANTICIPATED PROFITS) (B) AMOUNTS IN EXCESS OF THE PRIZE FOR THE SWEEPSTAKES, (C) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, AND/OR (D) ANY MATTER BEYOND SUCH PARTIES’ REASONABLE CONTROL.

ENTRANT AGREES, ACKNOWLEDGES AND UNDERSTANDS THAT RELEASED PARTIES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR LOST PROFIT DAMAGES. ENTRANT AGREES, ACKNOWLEDGES AND UNDERSTANDS THAT SPONSOR’S TOTAL AGGREGATE LIABILITY FOR ANY MATTER ARISING FROM OR RELATED TO THE SWEEPSTAKES, WHETHER IN CONTRACT, TORT, OR UNDER ANY THEORY OF LIABILITY, SHALL NOT EXCEED THE HIGHEST PRIZE AMOUNT ASSOCIATED WITH THE SWEEPSTAKES.

You are fully aware of the risks involved when participating in the Sweepstakes, and you voluntarily elect to participate with full knowledge of potential risks and hazards. You voluntarily assume full responsibility for any risk of loss, property damage, illness, or personal injury that you may sustain as a result of participating in the Sweepstakes, and you hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE the Released Parties from or in relation to any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, illness, or injury sustained by me while participating in the Sweepstakes.

 

  1. INDEMNIFICATION

Entrant agrees to indemnify and defend Released Parties and their officers, directors, employees, agents and affiliates against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, that are incurred by any Released Party (collectively, “Losses”), arising out of or relating to any claim relating to (a) your participation in the Sweepstakes, (b) any breach or non-fulfillment of any provision of these Scan and Win Sweepstakes Terms by you, and (c) any negligent or more culpable act or omission of yours (including any reckless or willful misconduct) in connection with the performance of your obligations under these Scan and Win Sweepstakes Terms. Notwithstanding anything to the contrary in this Section, Released Parties may select their own legal counsel to represent their interests, and you shall reimburse the Released Parties for their costs and attorneys’ fees immediately upon request as they are incurred; and remain responsible to Released Parties for any Losses indemnified under this Section.

 

  1. ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

If you have a dispute with Sponsor or if Sponsor has a dispute with you and such dispute cannot be resolved informally, such dispute will be resolved on an individual basis in accordance with the provisions set forth below:

  • a. Initial Dispute Resolution. The parties shall use their best efforts to engage in informal dispute resolution to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration. Failure to engage in this process could result in the award of fees against you in arbitration. To adequately engage in this initial dispute resolution process, each party must notify the other party, in writing, of the facts of the dispute and all damages claimed. Such a writing must be sent to (a) the email address included in your Entry, or (b) info@varsity.com, whichever is applicable (“Dispute Notification”). The party receiving the Dispute Notification has thirty (30) days from receipt of the Dispute Notification to respond. The other party then has 15 days to reply to the response.

 

  • b. Binding Arbitration. If the parties do not reach an agreed upon solution within a period of 45 days from the time informal dispute resolution begins under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. This agreement to arbitrate is a contract governed by the Federal Arbitration Act, 9 U.S.C. section 1, et seq., and evidences a transaction involving commerce. Specifically, all claims arising out of or relating to these Scan and Win Sweepstakes Terms (including their formation, performance, and breach), the parties’ relationship with each other, and/or your participation in the Sweepstakes shall be finally settled by binding arbitration administered by JAMS in accordance with the provisions of its Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class or representative actions and except that each party will be permitted at least one deposition unless forbidden by JAMS. If for any reason JAMS is unable to administer arbitration, either party may apply to a court to appoint an arbitrator pursuant to 9 U.S.C. section 5.

Except as explicitly set forth in this Section, the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Scan and Win Sweepstakes Terms, including, but not limited to, any claim that all or any part of these Scan and Win Sweepstakes Terms are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of JAMS administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator shall also be empowered to consolidate claims raised between the same parties to a single arbitration proceeding. The parties agree that the arbitrator may allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. The arbitrator’s award shall be written and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.

The Streamlined Arbitration Rules governing the arbitration may be accessed at www.jamsadr.com or by calling JAMS at (800) 352-5267. If you commence arbitration in accordance with these Scan and Win Sweepstakes Terms, you will be required to pay $250 to initiate the arbitration. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, the arbitrator may require Sponsor to pay the additional cost. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. If the arbitrator finds the arbitration to be non-frivolous, Sponsor will pay the remaining filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. For claims above $75,000, fees and costs will be determined in accordance with applicable JAMS rules. The arbitration rules permit you to recover attorney’s fees in certain cases.

Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based. The arbitrator and/or JAMS may require amendment of any demand or counterclaim that does not satisfy these requirements. The arbitrator has the right to impose sanctions in accordance with JAMS Rule 24 for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11).

The parties agree that JAMS has discretion to modify the amount or timing of any administrative or arbitration fees due under JAMS’s Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by JAMS does not constitute a default, waiver, or breach of this Section while such challenge remains pending before JAMS, the arbitrator, and/or a court of competent jurisdiction.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

  • c. Location. Arbitration may take place in the county where you reside at the time of filing. You and Sponsor agree to submit to the personal jurisdiction of any federal or state court in Dallas, Dallas County, Texas in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

 

  • d. Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND SPONSOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Notwithstanding any other provision of these terms, disputes regarding the interpretation, applicability, or enforceability of the Class Action Waiver may be resolved only by a court and not by an arbitrator. If there is a final judicial determination that applicable law precludes enforcement of this paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.

 

  • e. Exception – Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also elect to have disputes or claims resolved in a small claims court that are within the scope of that court’s jurisdiction. Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court in your state and county of residence. Seeking such relief shall not waive a party’s right to arbitration under this agreement.

 

  • f. 30-Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following email address: info@varsity.com. The notice must be sent within 30 days of the date these Scan and Win Sweepstakes Terms became effective or your first participation in the Sweepstakes, whichever comes later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Sponsor also will not be bound by them.

 

  • g. Changes to this Section. Sponsor will provide 30 days’ notice of any changes affecting the substance of this Section. Amendments will become effective thirty (30) days after they are communicated to you. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to this Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence when you participated in the Sweepstakes.

 

  1. EXCLUSIVE VENUE FOR LITIGATION

Solely to the extent the arbitration provisions set forth above do not apply, or for purposes of either party seeking injunctive relief or for enforcing an award granted to it pursuant to arbitration, the parties agree that any litigation between them shall be filed exclusively in the federal district court for Northern District of Texas, or, if federal subject matter jurisdiction is lacking, then in the state courts located in Dallas County, Texas. The parties expressly hereby consent to exclusive jurisdiction in the aforesaid courts for any litigation, hereby also consent to personal jurisdiction in said courts for any litigation and waive, for all purposes, their right to challenge the lack of personal jurisdiction said courts over any litigation arising in connection with, out of, or as a result of (a) these Scan and Win Sweepstakes Terms or the Sweepstakes, and (b) any acts or omissions of the Sponsor in connection with these Scan and Win Sweepstakes Terms.