NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
Eligibility: USTA Florida “#ElfontheShelfUSTAFL Holiday Photo/Video Contest (the “Promotion”) is open only to legal residents of Florida who are at least thirteen (13) years old at the time of entry and who did not purchase any equipment or related items for purposes of entering the Promotion. Employees of United States Tennis Association Incorporated, and any of their respective related companies, parents, subsidiaries, affiliates, and agents and any agencies or other companies involved in the development or execution of the Promotion or production or distribution of Promotion materials, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Promotion is subject to all applicable federal, state, and local laws and regulations. Void where prohibited. The Promotion consists of a contest (the “Contest”).
Sponsor and Administrator: United States Tennis Association Florida Section, 12005 Performance Drive Orlando, FL 32827.
Agreement to Official Rules: By participating in the Promotion, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor and/or Administrator, which are final and binding in all matters related to the Promotion. Whether an entrant receives a prize is contingent upon fulfilling all requirements set forth herein. By entering, you acknowledge and agree that Sponsor may post your photo/video in an online gallery for public viewing at www.ustaflorida.com and may use your photo/video for any other marketing purposes.
Timing: The Promotion begins on December 11, 2020 at 12:00am. Eastern Time (“ET”) and ends on January 4, 2021 at 11:59pm ET (the “Promotion Period”).
Contest Winner Selection
A random winner will be selected on January 4, 2021 using the Woobox.com system.
Administrator’s computer is the official time-keeping device for the Promotion.
How to Enter:
The Contest: During the Submission Phase contestants upload photos/video of examples of the elf on the shelf playing or involved with tennis (the “Photo/Video “) publicly on the USTA Florida Facebook timeline (www.facebook.com/ustaflorida), Twitter, or Instagram and include the hashtag #ElfontheShelf in the post. Contestants may enter as often as they like during the contest. By posting a Photo/Video on the USTA Florida Facebook timeline (www.facebook.com/ustaflorida), Twitter, or Instagram (non-story post) as an entry into this contest; you agree that the photo/video conforms to the Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove your Photo/Video and disqualify you from the Contest if it believes that your Photo/video fails to conform to the Guidelines and Restrictions.
- The Photo/video must be in a format that is viewable publicly on Facebook, Twitter, Instagram (non-story post), and online
- The Photo/video submission must be from the entrant’s account
- Participants must be 13 years or older as of December 11, 2020 to win
Individuals under the age of majority in their states of residence, other than an eligible entrant or the entrant’s own children/legal wards, may not appear in the photo/video
- The Photo/video must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
- The Photo/video should not contain brand names or trademarks, except for Sponsor’s (USTA Florida’s or USTA) trademark for which entrant has a limited license to use for the sole purposes of creating and uploading a Photo into this Contest;
- The Photo/video must not contain images or artwork not created by entrant;
- The Photo/video must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
- The Photo/video must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
- The Photo/video must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where the Photo/video is created.
For all Photos: Uploading a Photo/video constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If necessary, entrant will sign any necessary documentation that may be required for Sponsor or its designee to make use of the non-exclusive rights entrant is granting to use the Photo/video.
Prior to submission of the Photo/video, entrant is responsible for obtaining any and all releases and consents necessary to permit the use and exhibition of the Photo/video by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Photo/video. Sponsor reserves the right to require proof of these permissions in a form acceptable to Sponsor from any entrant at any time. By submitting a Photo/video entrant (or, if an eligible minor in his/her state of residence, his/her parent or legal guardian) warrants and represents that he/she and any persons appearing or who are identifiable in the Entry consent to the submission and use of the Photo/video in the Contest, to the posting of the Photo/video on www.facebook.com/ustaflorida, and to the use by Sponsor of the Photo/video for any and all purposes set forth in these Official Rules.
Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected Photo/video, which are disqualified. Limit: Each entrant may submit unlimited Photos/videos into the Contest during the Submission Phase.
Winner Determination: Winners will be determined via the processes set forth below.
The winner will be chosen randomly using the Woobox.com platform on 1/4/2021 and the randomly selected entrant will be deemed the “winner”. Viewing photos/videos may require you to “like” the USTA Florida Facebook page. In its sole discretion, Sponsor reserves the right to select alternate prize winners should the entry appear to have been manipulated in any way or does not meet the entry qualifications. The potential Contest winner will be notified through the platform they submitted the entry and the USTA Florida Facebook page (www.Facebook.com/USTAFlorida.) on or around 1/4/2021. Sponsor reserves the right to select fewer than the stated number of winners, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Photos/videos.
Winner Requirements: Receiving a prize is contingent upon compliance with these Official Rules. Except where prohibited, the potential prize winner will be required to reply with full name, address, phone number, email address, and any other requested information according to the provided instructions in order to claim his/her prize. If the potential winner is under the age of eighteen (18) at the time of selection, the potential prize winner must have their parent or legal guardian contact USTA Florida to receive the prize. If a potential winner of any prize cannot be contacted, fails to execute and return the requested information within the required time period (if applicable), or prize is returned as undeliverable, potential winner forfeits the prize. In the event that a potential prize winner is disqualified for any reason, an alternate winner will be determined by the next photo/video that is randomly selected by Woobox.com. If after three (3) attempts a prize winner is not confirmed, the applicable prize will remain un-awarded. Acceptance of any prize shall constitute and signify winner’s agreement and consent that Sponsor may use the winner’s name, city, state, likeness, Photo/video and/or prize information in connection with the Promotion, worldwide, including the Internet, without limitation and without further payment or consideration, except where prohibited by law. Without limiting the generality of these Official Rules, winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Photo/video and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Photo/video for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Winner accepts and acknowledges that Sponsor shall not be obligated to use the Photo/video and that Sponsor in its sole discretion shall have the right to refrain from using the Photo/video. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights here under. Winner will indemnify Sponsor, Released Parties (as defined in Section 9, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.
- Prize winner will receive a $50 gift card chosen by the USTA Florida Section.
Approximate Retail Value (“ARV”): $50.
For all prizes: Prizes are not transferable. No substitution will be made unless Sponsor, in its sole discretion, determines otherwise. Sponsor reserves the right to substitute a prize, or a component thereof, for one of equal or greater value should it become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. TOTAL ARV FOR ALL PRIZES: $50.
Release: By receipt of any prize, the applicable winner agrees to release and hold harmless Sponsor, Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize.
General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, 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 Official Rules shall not constitute a waiver of that provision.
Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any prize. Sponsor is not responsible for misdirected or undeliverable entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Sponsor and Administrator are not responsible for any typographical/other error in entries, selection announcement or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with this Promotion. 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 the Sweepstakes, if it is possible. If the Sweepstakes, or any part of it, is discontinued 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 the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official 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, un-awarded, eligible prize claims.
Disputes: Except where prohibited, entrant agrees that: (1) except as set forth in subsection (2) herein, any and all disputes, claims and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate Florida State Court; (2) any and all disputes, claims and causes of action arising out of or connected with the use of the Grand Prize shall be: (a) governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules and (b) resolved individually, without resort to any form of class action, and exclusively by the appropriate Florida State Court; (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (4) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Except as set forth in subsection (2) above, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Florida without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida.