KickoffFanPlay.com | Versus Systems

KickoffFanPlay.com

How to Play & Official Rules

 

College Football Fans, Kickoff Fan Play is live!

Scan to play games and earn rewards now! Compete for a chance to win!

Click here to play or go to KickOffFanPlay.com

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 CHALLENGE CONTEST OFFICIAL RULES

 

·       NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPACT YOUR OPPORTUNITY TO WIN.

·       VOID WHERE PROHIBITED BY LAW.

·       THESE OFFICIAL RULES ARE A CONTRACT BETWEEN YOU AND THE CONTEST SPONSOR, PROMOTER AND ADMINISTRATOR AS APPLICABLE, SO PLEASE READ THESE OFFICIAL RULES CAREFULLY BEFORE PARTICIPATING. THESE OFFICIAL RULES GOVERN YOUR PARTICIPATION IN THE KICKOFFFANPLAY.COM CHALLENGE CONTEST, AS DESCRIBED BELOW. FOR THE KICKOFFFANPLAY.COM PROMOTION (“PROMOTION”), PLEASE SEE THE OFFICIAL RULES BEGINNING ON PAGE 7 OF THIS DOCUMENT.

·       ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.

 

Effective Date: These Official Rules are effective as of August 28, 2021.

 

The KickoffFanPlay.com Challenge Contest (the “Contest”) begins on August 28, 2021 at 12:01 AM Pacific Time (“PT”) and ends on January 31, 2022 at 11:59 PM PT (the “Promotion Period”). The Sponsor may alter the Promotion Period in its sole discretion, in which case the Sponsor will update these Official Rules accordingly. Please check the Official Rules throughout the Promotion Period for up to date information.  

 

Contest Description: The Contest takes place from August 28, 2021 at 12:01 AM PT to January 31, 2022 at 11:59 PM PT, and consists of a skill-based First Place challenge (the “Challenge” or “First Place Challenge”), beginning and ending as set forth in the chart below (the “Challenge Period”) and additional Games to be played for Offers (each as defined herein).  For the Challenge, eligible entrants can participate in the Turbo Trivia game, QB Toss game, Field Goal Frenzy game, the Match game, or Interactive Cards, as further described below (each, a “Game”) during the Challenge Period for an opportunity to win the Prize and/or an Offer (each as defined below). The Administrator’s database tracking system will be the official timekeeper for the Challenges.  For clarity, while the Games may be available to you outside of the Challenge Period, you must play the game during the Challenge Period in order to be eligible for the Prize.

 

First Place Challenge Games

Start Date & Time

End Date & Time

QB Toss, 300-pts, plus Offers Selected by Players

August 28, 2021 at 12:01 AM PT

September 6, 2021 at 12:01 AM PT (Game remains open for Offers until January 31, 2022 at 11:59 PM PT).

Field Goal Frenzy, 150 pts, plus Offers Selected by Players

August 28, 2021 at 12:01 AM PT

September 6, 2021 at 12:01 AM PT (Game remains open for Offers until January 31, 2022 at 11:59 PM PT).

Turbo Trivia, 200 points, plus Offers Selected by Players

August 28, 2021 at 12:01 AM PT

September 6, 2021 at 12:01 AM PT (Game remains open for Offers until January 31, 2022 at 11:59 PM PT).

Match Game, 50 points, plus Offers Selected by Players

August 28, 2021 at 12:01 AM PT

September 6, 2021 at 12:01 AM PT (Game remains open for Offers until January 31, 2022 at 11:59 PM PT).

Interactive Cards

August 28, 2021 at 12:01 AM PT

September 6, 2021 at 11:59 PM PT

 

 

1.         Agreement to Official Rules. By entering or participating in the Contest, you accept and agree to be bound by these “Official Rules”.  Periodically during the Promotion Period, Sponsor may announce new Contests, in which case Sponsor will update these Official Rules to detail the parameters of each new Contest. Please review the Administrator’s Terms of Service at https://versussystems.com/terms-of-service/, which will govern your access to and use of the KickoffFanPlay.com site, Games, and other services and/or offerings available via the site.

 

2.         Eligibility. The Contest is a skill-based contest open to legal residents of the 50 United States and D.C. (excluding Puerto Rico), eighteen (18) or older, as of the date of entry, who have an active e-mail account and Internet access.  Employees, officers and directors of Sponsor, Promoter, Provider or Administrator and their parent company, affiliates, subsidiaries, advertising, promotion, fulfillment or other coordinating agencies, individuals providing services to Sponsor, Promoter, Provider or Administrator through an outsourcer or temporary employment agency during the Promotion Period, and their respective immediate family members and persons living in their same household, are not eligible to participate in the Contest. You are not eligible to win prizes from Contest and any other promotional challenges or contests that the Sponsor, Promoter, Provider and Administrator are holding.

 

3.         How to Enter. You may enter the Contest by completing each of the following steps during the Challenge Period:

 

(a)        Register for a promotion account (“Account”) at KickOffFanPlay.com. Entrants are required to provide their phone number and email to register. Registration is free of charge.

(b)       Log into your Account, and from the Game selection screen, choose Turbo Trivia game, QB Toss game, Field Goal Frenzy game, or Match game, and

(c)        Play the applicable Game before the end of the applicable Challenge Period, and

(d)       Play Interactive Cards, when available during the Chick-fil-A Kickoff Games on September 4, 2021 and September 6, 2021.

 

A “Score Submission” is the combined score resulting from all rounds of game play of the Turbo Trivia, QB Toss, Field Goal Frenzy and Match Games during the Challenge Period and Interactive Cards. Upon completion of the Game, your score will automatically be published and/or updated to the aggregate leaderboard across all Games (the “Leaderboard”), as well as the game-specific leaderboards for each Game.

 

There is no limit on the number of times you may play QB Toss, Field Goal Frenzy and the Match games during the Challenge Period, subject to the terms and conditions of these Official Rules. Turbo Trivia may be played once during the Challenge Period and Interactive Cards may be played in real-time during the Chick-Fil-A Kickoff Games on September 4, 2021 and September 6, 2021. Your attempts will post your highest score earned on the Leaderboard, and if you earn a higher score in subsequent plays, your Score Submission will automatically be updated to reflect the higher score on the Leaderboard. If you earn a lower score in subsequent plays your score will not be updated on the Leaderboard.

 

Participating in the Contest using cheats, automated software (e.g., bots) or like methods of game play is strictly prohibited.  The use of a script, macro, or any other device to automate or subvert the Contest is prohibited, and all such registrations and entries will be void. Sponsor and Administrator reserves the right to permanently disqualify any person it believes has intentionally violated these Official Rules.

 

4.         Determination of Winners.

 

(a)        First Place Challenge. For First Place Challenge, the entrants whose Score Submissions earn the highest overall score as ranked on the Leaderboard at the end of the Challenge Period will be the winner of the First Place Challenge (a “First Place Winner”).

 

In the event of a tie, the following terms apply:

 

                The “Tiebreaker” means that, in the event that any number of entrants are tied for a prize, the top entrant who, according to Administrator’s records, achieved the greater Session time will be deemed the winner. Some Games do not require a Tiebreaker and are decided through in-game play.

 

(b)       Offers. Additional offers may be listed upon selecting QB Toss, Field Goal Frenzy, Turbo Trivia and the Match Game For any such additional offers (each, an “Offer”), entrants who meet the requirements for the Offer in question (e.g. by scoring the amount of points required for the Offer) will be awarded the Offer.

 

Without limiting any other terms of these Official Rules, Sponsor or Administrator reserves the right to disqualify any entrant, in its sole discretion, if Sponsor or Administrator finds evidence or has cause to suspect such entrant of receiving an unfair advantage over other participants (whether by means of external automated software or otherwise). Score accrual will be tracked by Administrator’s internal clocks and systems. The decisions of the Sponsor or Administrator (including, but not limited to, any calculation or computation by Administrator’s systems or the results thereof) will be final.

 

5.         Prizes. For the Challenge, the Prize will be as follows:

 

(a)        One (1) First Place Prize: 1x Delta Airlines Gift Card, with an approximate retail value (“ARV”) of $500.00 (US) and Two (2): 2x Peach Bowl Tickets, each with ARV of $235.00 (US) provided by Delta (“Provider”) and Sponsor. Sponsor and Administrator are not responsible for a winner’s failure to use prizes prior to their expiration dates  

 

(b)       Offers: The Offers will vary based on the entrant’s selection and have an ARV of $0.00 (US) and are available while supplies last. Offers are provided by Administrator, and Sponsor and Administrator are not responsible for a winner’s failure to use offers prior to their expiration dates.

 

Total ARV of all prizes to be awarded for the Challenge Contest: $970.00 (US).

 

Total ARV of all prizes to be awarded in the Promotion, including the Kickofffanplay.com Challenge Contest and Kickofffanplay.com Promotion: $2,719.98 (US). If the actual value of the prize is less than the stated ARV, the difference will not be awarded.

 

The odds of winning a prize depends in part on the total number of eligible entries received and the skill of the entrants.  No substitution or transfer of prizes is permitted by winner. Sponsor and Administrator each reserves the right to substitute a prize of equal or greater value in its sole discretion. Sponsor and Administrator will not replace any lost or stolen prizes. Winners are solely responsible for any and all federal, state, and local taxes, if any, that apply to prizes. Without limiting any other terms of these Official Rules, you agree to provide Sponsor and Administrator with any additional information and complete any required tax or other forms relating to your receipt of a prize. Allow eight (8) weeks for delivery of prizes.

 

6.         Notification of Winners. The potential First Place Winner of the First Place Challenge will be notified by text message to the phone number provided upon registration within twenty-four (24) hours of the end of the Challenge and must respond within forty-eight (48) hours of initial contact to claim the prize.  The potential winner may be required to sign and return an affidavit of eligibility and publicity/liability release within seven (7) days of notification. If a selected winner of either a Challenge cannot be contacted, is ineligible, fails to claim a prize within three (3) business days and/or where applicable an affidavit of eligibility and publicity/liability release is not timely received, is incomplete or modified, the prize may be forfeited and an alternate winner will be selected from remaining valid, eligible Score Submissions timely submitted. In the event of a dispute regarding who submitted a Score Submission, the Score Submission will be deemed submitted by the authorized account holder of the email address connected with the account. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Winners of prize offers are automatically displayed in the Prizes menu of kickofffanplay.com, available from the Main Menu.

 

7.         Disclaimers and Limitations on Liability.

 

(a)        Sponsor, Promoter, Provider and Administrator are not responsible for: (i) late, lost, delayed, damaged, postage-due, incomplete, illegible, misdirected or undeliverable entries or score submissions, responses, or other correspondence, whether by email or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties.

 

(b)       ALL PRIZES ARE PROVIDED “AS IS”. SPONSOR, PROMOTER, PROVIDER AND ADMINISTRATOR SPECIFICALLY DISCLAIMS ALL WARRANTIES EXPRESSED OR IMPLIED WITH RESPECT TO THE PRIZE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL SPONSOR, PROMOTER, PROVIDER OR ADMINISTRATOR BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE CONTEST, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SPONSOR, PROMOTER, PROVIDER OR ADMINISTRATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SPONSOR, PROMOTER, PROVIDER AND ADMINISTRATOR’S AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THE CONTEST INCLUDING THESE OFFICIAL RULES WILL NOT EXCEED $10.00.  Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

8.         Indemnification. You agree to release, discharge, indemnify, defend and hold Sponsor, Promoter, Provider, and Administrator and their respective parent(s), affiliates, subsidiaries, directors, officers, employees, sponsors and agents, including advertising and promotion agencies, and assigns, and any other organizations related to the Contest, harmless, from any and all claims, injuries, damages, expenses, costs or losses to person or property and/or liabilities of any nature that in any way arise from participation in this Contest or acceptance or use of a prize or parts thereof, including, without limitation: (i) in connection with your game play or Daily Score Submissions; (ii) arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property or other rights; (iii) from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or prize); or (iv) in connection with or as a result of the prize, or acceptance, possession, use or misuse of any prize, or from participation in the Contest.

 

9.         Publicity. Except where prohibited, by participating in the Contest, you consent to the use of your name, photo and/or likeness, biographical information, and statements attributed to you as an entrant (if true) for advertising and promotional purposes, including, without limitation, inclusion in Sponsor and Administrator’s newsletters, the Contest Website at www.kickofffanplay.com and Sponsor and Administrator’s homepages at https://chick-fil-akickoffgame.com/ and https://versussystems.com, without additional compensation.

 

10.       Additional Conditions. Sponsor and Administrator reserve the right, in their sole discretion, to terminate, modify or suspend the Contest in whole or in part, if in Sponsor’s or Administrator’s opinions: (a) the Contest is not capable of running as planned by reason of the occurrence of any event beyond its control, including, but not limited to, fire, flood, epidemic, pandemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications, equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal, state, local or provincial government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s or Administrator’s control, or (b) any other factors beyond Sponsor’s or Administrator’s reasonable control corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, in all instances without liability to the entrants. Sponsor or Administrator also reserve the right to disqualify any entrant or winner, as determined by Sponsor or Administrator, in their sole discretion.

 

11.       Governing Law and Arbitration. These Official Rules are governed by the law of the State of California, without reference to rules governing choice of laws. Except where prohibited by law, as a condition of participating in this Contest, you agree that (1) any and all disputes and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest to you; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Any and all claims, judgments and awards will be limited to actual, third-party out-of-pocket costs incurred (if any) not to exceed Ten Dollars ($10.00), but in no event will attorneys’ fees be awarded or recoverable.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.   Under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than your actual out-of-pocket expenses (i.e., costs associated with participating in this Contest), and you further waive all rights to have damages multiplied or increased. 

 

12.       Personal Information. Administrator may collect personal data about entrants online, in accordance with its privacy policy and as may be more specifically set forth in these Official Rules. Please review these Official Rules and Administrator’s privacy policy at https://versussystems.com/privacy-policy/.

 

13.       Winner’s List, Official Rules. For a list of prize winners, send an email message to support@versussystems.com with “Winner’s list” as the email subject and the Contest name specified in the body of the email. Requests must be received within four (4) weeks of the end of the Promotion Period.

 

14.       Sponsor. Peach Bowl, Inc., 3284 Northside Pkwy. Suite 550, Atlanta, GA 30327 (“Sponsor”).

 

15.       Administrator. Versus Systems LLC, 6701 Center Drive West, Suite 480, Los Angeles, California, 90045 (“Administrator”).

 

16.       Provider: Delta Air Lines, Inc.,1030 Delta Boulevard Atlanta, GA 30354-6001 (“Provider”).

 

17.       Promoter. Kia America, Inc., Southern Region Office, 100 Galleria Parkway, Suite 1550, Atlanta, Georgia 30339 (“Promoter”). Kia America, Inc. and its parents, affiliates and subsidiaries are not responsible for the sponsorship, administration or execution of this Contest. 

 

18.       Miscellaneous.  The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision.  In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.  Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision.  Entrants agree to waive any rights to claim ambiguity of these Official Rules.  Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.  In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials, privacy policy or terms of use on the Contest website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. 

 

 

 

KickoffFanPlay.com

 

PROMOTION OFFICIAL RULES

 

·       NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPACT YOUR OPPORTUNITY TO WIN.

·       VOID WHERE PROHIBITED BY LAW.

·       THESE OFFICIAL RULES ARE A CONTRACT BETWEEN YOU AND THE PROMOTION SPONSOR, PROMOTER AND ADMINISTRATOR AS APPLICABLE, SO PLEASE READ THESE OFFICIAL RULES CAREFULLY BEFORE PARTICIPATING. THESE OFFICIAL RULES GOVERN YOUR PARTICIPATION IN THE KICKOFFFANPLAY.COM PROMOTION, AS DESCRIBED BELOW. FOR THE KICKOFFFANPLAY.COM CHALLENGE CONTEST (“CONTEST”) OFFICIAL RULES, PLEASE SEE THE OFFICIAL RULES BEGINNING ON PAGE 1 OF THIS DOCUMENT.

·       ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.

 

Effective Date: These Official Rules are effective as of August 28, 2021.

 

The KickoffFanPlay.com Promotion (the “Promotion”) begins on August 28, 2021 at 12:01 AM Pacific Time (“PT”) and ends on September 10, 2021 at 11:59 PM PT (the “Promotion Period”). The Sponsor may alter the Promotion Period in its sole discretion, in which case the Sponsor will update these Official Rules accordingly. Please check the Official Rules throughout the Promotion Period for up to date information. 

 

1.         Agreement to Official Rules and Promotion Details. By entering or participating in the Promotion, you accept and agree to be bound by these “Official Rules.” The Promotion is intended solely for promotional and entertainment purposes. The Promotion is comprised of a “FanPlay Pick’Em” game and a random drawing among eligible registrants (“Random Drawing”) each as further described in Section 4 below. If eligible for Promotion prizing as described in Section 5 below, participants will compete for the opportunity to win the prize designated for the Promotion (each such prize, a “Prize”). Periodically during the Promotion Period, Sponsor may announce new Promotions, in which case Sponsor will update Section 4 of these Official Rules to detail the parameters of each new Promotion. By registering for the Promotion, you agree to be bound by these Official Rules. The Promotion is subject to all applicable federal, state, and local rules and regulations. Void where prohibited or restricted by law, rule, or regulation Please review the Administrator’s Terms of Service at https://versussystems.com/terms-of-service/, which will govern your access to and use of the KickoffFanPlay.com site, the games, and other services and/or offerings available via the site.

 

2.         Eligibility. The Promotion is open to legal residents of the 50 United States and D.C. (excluding Puerto Rico), eighteen (18) or older, as of the date of entry, who have an active e-mail account and Internet access. Employees, officers, and directors, of Sponsor or Administrator and their respective parent company, affiliates, subsidiaries, advertising, promotion, fulfillment or other coordinating agencies, individuals providing services to Sponsor or Administrator through an outsourcer or temporary employment agency during the Promotion Period, and their respective immediate family members and persons living in their same household, are not eligible to participate in the Promotion.

 

3.         How to Enter. You may enter the Promotion as follows:

(a)        In order to enter the Random Drawing, you must:

·       Register for a promotion account (“Account”) at KickOffFanPlay.com. Please note that you will require a phone number and birth date. Registration is free of charge.

(b)        In order to enter the FanPlay Pick’Em, in addition to registering an Account, you must:

·       From the game selection screen, select FanPlay Pick’Em, and submit your best guesses before September 6, 2021 at 11:59 PM PST (the “Prediction Period”). You will need to check the FanPlay Pick’Em leaderboard on September 7, 2021 to check your eligibility for prizes.

 

Limit one (1) Promotion registration per person/email address for the duration of the Promotion Period and one (1) entry to the FanPlay Pick’Em. Additional Promotion registrations and FanPlay Pick’Em (as defined below) entries received from any person/email address will be void. The use of a script, macro, or any other device to automate or subvert the Promotion registration or Promotion entry process is prohibited, and all such registrations and entries will be void. Sponsor and Administrator reserves the right to permanently disqualify any person it believes has intentionally violated these Official Rules.

 

4.         Promotion Rules.

(a)        General. Except as may be otherwise announced in the Official Rules, the Promotion will take place on September 4, 2021 and September 6, 2021, provided that the Chick-Fil-A Kickoff Games actually take place on such day. If the Chick-Fil-A Kickoff Games do not take place on any given day within the Prediction Period, no Promotion shall be conducted for such day. The Promotion will solicit predictions before the Chick-fil-A Kickoff Games and specify the maximum number of predictions that may be submitted as a single entry. Your cumulative predictions from FanPlay Pick’Em (“Prediction Submission”) will determine your place on the public FanPlay Pick’Em leaderboard, which will list all eligible Prediction Submissions from this Promotion (the “Leaderboard”). The Promotion will track your submitted Submissions and you will be able to see your leaderboard status at the end of the Prediction Period.

(b)        FanPlay Pick’Em. The Promotion invites participants to submit certain solicited predictions regarding outcomes of two (2) events as a part of the Chick-Fil-A Kickoff Games. The prompts for each solicited prediction will display points which may be earned for such prediction. Although your entry is comprised of your consecutive predictions (i.e., your initial prediction and each subsequent prediction up until you reach the Prediction Submission), you are not required to submit predictions in a particular sequence, and you are not required to submit predictions at every available opportunity.

(c)        Submissions. No automatically generated predictions will be accepted. No mechanically reproduced mail-in entries are allowed and any use of robotic, automatic, programmed or the like entry methods will void all such entries by such methods.

(e)        Scores. Participants will accrue points for correct Predictions in accordance with the points value displayed for each Prediction. Sponsor will score Prediction Submission and assign points in real-time and in accordance with the below.

                Predictions will be scored immediately upon the conclusion of the applicable event.

                In the event that, for any reason, a solicited Prediction concerns a Chick-fil-A Kickoff Game outcome or event which does not take place, such Prediction will be void and will not be scored for purposes of the Promotion. In such event, the voided Prediction does not apply towards either your Prediction Submission. The Administrator may provide a new or additional Prediction in place of the voided one.

                In the event that, for any reason, the Chick-fil-A Kickoff Games are suspended after Predictions are submitted, Sponsor will score the Predictions submitted and recorded up until the time of suspension. If the Chick-fil-A Kickoff Games resume on a subsequent date, the associated voided Predictions will not be scored for purposes of the Promotion.

                In the event that, after Sponsor has scored and issued points for any Prediction and the applicable Promotion is changed, corrected, or otherwise adjusted by the parties overseeing the Chick-fil-A Kickoff Games, points awarded within the Promotion for the applicable Prediction will not be changed, corrected, or otherwise adjusted, even if such change, correction, or adjustment is anticipated by a participant.

                Sponsor reserves the right, but assumes no obligation, to correct and update Promotion scores based on errors or irregularities in the tabulation, transmission, or publication of the Chick-fil-A Kickoff Games outcomes, or Prediction Submission.

 

The decisions of Sponsor are final and binding with respect to Promotion scoring and in all other Promotion matters.

 

5.         Determination of the Winners. Subject to verification of eligibility and compliance with these Official Rules:

(a)        Prediction Winner. The top entrant who earns the highest combined score from the Predictions, as indicated by the Leaderboard, will win the Prediction Prize (the “Prediction Winner”). Once you have been determined as a Prediction Winner, you are not eligible to win a Random Drawing:

                Participants will be scored based on their total score in the Kickoff Pick’Em. In the event of a tie, Sponsor and Administrator may use a Tiebreaker to determine who receives a prize. The Tiebreaker means that, in the event that any number of entrants are tied for a Prize, the top entrant who, according to Administrator’s records, submitted their Prediction Submissions first will be deemed the winner.

(b)        Random Drawing Winners. All registered entrants (except for the Prediction Winner) meeting the requirements of these Official Rules will be entered into the prize drawing, to be held on or around September 7, 2021 at 1:00PM PT. The drawing will be conducted either by independent persons or a computer program that randomly chooses the winner, from all eligible entries received and the random selection is final and binding. The winners will be selected at random from among all eligible entries received.

 

6.         Prizes. The prizes to be awarded from the Promotion are as follows:

(a)        Prediction Prizes.

                One (1) Prediction Prize: 1x Xbox Series S, with an approximate retail value (“ARV”) of $299.99 (US).

 

(b)        Random Drawing Winners Prize.

                One (1) First Place Prize: 1x Req Teq Grill, ARV: $1,199.99 (US).

                Ten (10) Runners-Up Prizes: 1x $25 Home Depot Gift Card, ARV: $25.00 (US).

 

Total ARV of all prizes for the Promotion to be awarded: $1,749.98 (US). If the actual value of the prize is less than the stated ARV, the difference will not be awarded. Total ARV of all prizes to be awarded in the Promotion, including the Kickofffanplay.com Challenge Contest and Kickofffanplay.com Promotion: $2,719.98 (US). If the actual value of the prizes is less than the stated ARV, the difference will not be awarded.

 

The odds of winning a prize depends in part on the total number of registrants or total number of eligible entries received, as applicable.  No cash or other substitution of prizes is permitted, except at the sole option of Sponsor or Administrator for a prize of equal or greater value. Sponsor or Administrator will not replace any lost or stolen prizes. Winners are solely responsible for any and all federal, state, provincial and local taxes, if any, that apply to prizes. Allow eight (8) weeks for delivery of prizes. Sponsor and Administrator are not responsible for a winner’s failure to use prizes prior to their expiration dates.

 

7.         Notification of Winners. Potential winners will be notified by text message to the phone number provided upon registration within twenty-four (24) hours of the winner’s selection, and may be required to sign and return any required affidavit of eligibility and publicity/liability release within seven (7) days of notification. If a selected winner cannot be contacted, is ineligible, fails to claim a prize and/or where applicable an affidavit of eligibility and publicity/liability release is not timely received, is incomplete or modified, the prize may be forfeited and an alternate winner may be selected from remaining valid, eligible entries timely submitted. In the event of a dispute regarding who submitted an entry or registered the account, the entry or registration will be deemed submitted by the authorized account holder of the email account specified in the entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

 

8.         Disclaimers and Limitations on Liability.

 

(a)        Sponsor, Promoter, Provider and Administrator are not responsible for: (i) late, lost, delayed, damaged, postage-due, incomplete, illegible, misdirected or undeliverable entries or score submissions, responses, or other correspondence, whether by email or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties.

 

(b)       ALL PRIZES ARE PROVIDED “AS IS”. SPONSOR, PROMOTER, PROVIDER AND ADMINISTRATOR SPECIFICALLY DISCLAIMS ALL WARRANTIES EXPRESSED OR IMPLIED WITH RESPECT TO THE PRIZE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL SPONSOR, PROMOTER, PROVIDER OR ADMINISTRATOR BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE PROMOTION, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SPONSOR, PROMOTER, PROVIDER OR ADMINISTRATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SPONSOR, PROMOTER, PROVIDER AND ADMINISTRATOR’S AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THE PROMOTION INCLUDING THESE OFFICIAL RULES WILL NOT EXCEED $10.00.  Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

9.         Indemnification. You agree to release, discharge, indemnify, defend and hold Sponsor, Promoter, Provider and Administrator and their respective parent(s), affiliates, subsidiaries, directors, officers, employees, sponsors and agents, including advertising and promotion agencies, and assigns, and any other organizations related to the Promotion, harmless, from any and all claims, injuries, damages, expenses, costs or losses to person or property and/or liabilities of any nature that in any way arise from participation in this Promotion or acceptance or use of a prize or parts thereof, including, without limitation: (i) in connection with your game play or Daily Score Submissions; (ii) arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property or other rights; (iii) from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Promotion activity and/or prize); or (iv) in connection with or as a result of the prize, or acceptance, possession, use or misuse of any prize, or from participation in the Promotion.

 

10.       Publicity. Except where prohibited, by participating in the Promotion, you consent to the use of your name, photo and/or likeness, biographical information, and statements attributed to you as an entrant (if true) for advertising and promotional purposes, including, without limitation, inclusion in Sponsor and Administrator’s newsletters, the Promotion Website at KickOffFanPlay.com and Sponsor and Administrator’s homepages at https://chick-fil-akickoffgame.com/ and https://versussystems.com, without additional compensation.

 

11.       Additional Conditions. Sponsor and Administrator reserve the right, in their sole discretion, to terminate, modify or suspend the Promotion in whole or in part, if in Sponsor’s or Administrator’s opinions (a) the Promotion is not capable of running as planned by reason of the occurrence of any event beyond its control including, but not limited to, fire, flood, epidemic, pandemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications,  equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Promotion by any party, or any federal, state, local or provincial government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s or Administrator’s control, or (b) any other factors beyond Sponsor’s or Administrator’s reasonable control corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Promotion, in all instances without liability to the entrants. Sponsor or Administrator also reserve the right to disqualify any entrant or winner, as determined by Sponsor or Administrator, in their sole discretion.

 

12.       Governing Law and Arbitration. These Official Rules are governed by the law of the State of California, without reference to rules governing choice of laws. Except where prohibited by law, as a condition of participating in this Promotion, you agree that (1) any and all disputes and causes of action arising out of or connected with this Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest to you; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Any and all claims, judgments and awards will be limited to actual, third-party out-of-pocket costs incurred (if any) not to exceed Ten Dollars ($10.00), but in no event will attorneys’ fees be awarded or recoverable.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.   Under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than your actual out-of-pocket expenses (i.e., costs associated with participating in this Promotion), and you further waive all rights to have damages multiplied or increased. 

 

13.       Personal Information. Administrator may collect personal data about entrants online, in accordance with its privacy policy and as may be more specifically set forth in these Official Rules. Please review these Official Rules and Administrator’s privacy policy at https://versussystems.com/privacy-policy/.

 

14.       Winner’s List, Official Rules. For a list of prize winners, send an email message to support@versussystems.com with “Winner’s list” as the email subject and the Promotion name specified in the body of the email. Requests must be received within four (4) weeks of the end of the Promotion Period.

 

15.       Sponsor. Peach Bowl, Inc., 3284 Northside Pkwy. Suite 550, Atlanta, GA 30327 (“Sponsor”).

 

16.       Administrator. Versus Systems LLC, 6701 Center Drive West, Suite 480, Los Angeles, California, 90045 (“Administrator”).

 

16.       Providers.  The Home Depot, Inc. 2455 Paces Ferry Road, N.W. Atlanta, Georgia 30339, reqtec, LLC, 4301 Evans to Locks Rd, Evans, GA 30809 (each a “Provider”). Microsoft Corporation, One Microsoft Way, Redmond WA, 98052-6399 is not a Provider of this Promotion.

 

18.       Promoter. Kia America, Inc., Southern Region Office, 100 Galleria Parkway, Suite 1550, Atlanta, Georgia 30339 (“Promoter”). Kia America, Inc. and its parents, affiliates and subsidiaries are not responsible for the sponsorship, administration or execution of this Promotion. 

 

19.       Miscellaneous.  The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision.  In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.  Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision.  Entrants agree to waive any rights to claim ambiguity of these Official Rules.  Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.  In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials, privacy policy or terms of use on the Promotion website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control.