AfterShokz 2020

"Making Stridez Grant" Contest

Official Rules

Dates: May 1 – June 22, 2020

 

Important: Please read these rules ("Official Rules") before entering in the Making Stridez Grant Contest ("Contest"). By participating in this Contest, you agree to be fully and unconditionally bound by these Official Rules and represent that you and your Nominee (as defined below) satisfy all of the eligibility requirements below.

 

THIS IS A SKILL-BASED CONTEST. INTERNET AND EMAIL ACCOUNT REQUIRED. NO PURCHASE NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

 

THIS CONTEST IS OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES AGED 18 AND OLDER OR AGED 13-17 WITH CONSENT FROM THEIR PARENTS OR LEGAL GUARDIANS.

 

ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED BY LAW.

 

Start Date:                                                                  12:01AM (EDT) May 1, 2020

End Date:                                                                    11:59PM (EDT) June 22, 2020

Notification of Finalists:                                            By 11:59PM (EDT) June 29, 2020

Video Submission Deadline:                                     11:59PM (EDT) July 15, 2020

Notification of Winners:                                            By 11:59PM (EDT) July 30, 2020

Public Announcement of Grand Prize Winner:      By 11:59PM (EDT) August 13, 2020

Winners List Request Deadline:                              December 15, 2020

Contest Period:                                                          Start Date through End Date

 

  1. SPONSOR & ADMINISTRATOR. AfterShokz LLC, a New York limited liability company with an office and principal place of business at 10727 Domain Drive, Austin, TX 78758, will serve as the sponsor and the administrator of the Contest ("Sponsor").

  2. NOMINEE ELIGIBILITY. You may only nominate a legal resident of the fifty (50) United States or District of Columbia who is a coach of a track and field or cross-country team in a high school (public or private) or Amateur Athletic Union (AAU) and is at least eighteen (18) or the age of majority under applicable law, as of the start date of the Contest ("Nominee"). If the Nominee you nominate does not meet any or all of these requirements, or any other eligibility requirements in these Official Rules, then the Nominee is not eligible to receive a Prize (as defined below), and Sponsor reserves the right not to give a Prize to that Nominee.

A Nominee can be nominated by multiple individuals, but an individual may only nominate a particular Nominee one time. Additional nominations from one individual (including from different email addresses belonging to one individual) for one Nominee will be disregarded. Nominees may nominate themselves.  

Managers, officers and employees of Sponsor and any of their respective affiliate companies, subsidiaries, agents, professional advisors, advertising and promotional agencies, and immediate families of each are not eligible to participate in the Contest. "Immediate family" means spouses, parents, children, siblings, and stepparents/children/siblings, whether or not living at the same residence.

  1. NOMINATOR ELIGIBILITY. Nominators must be legal residents of the fifty (50) United States or District of Columbia, who, as of the date of submitting Nomination (defined below), are (a) at least thirteen (13) years old with consent from a parent or legal guardian; or (b) at least eighteen (18) years old. Sponsor, in its sole discretion, may require a person who submits a Nomination to provide verification of eligibility.A minor entrant (aged 13-17 or under the age of majority in their state of residence) will be required to provide parent/ legal guardian consent in a form satisfactory to Sponsor before he/she can enter Contest by sending fully completed and signed consent to [email protected]. Nominations must be completed and received by Sponsor in the manner and format designated below in order to be judged. An "Entrant" is an eligible person who submits a Nomination in accordance with these Official Rules.  

  2. CONTEST PERIOD. The Contest begins May 1, 2020, 12:01AM (EDT) and ends June 22, 2020, 11:59PM (EDT) ("Contest Period").

  3. SUBMISSION PROCESS. To nominate a Nominee, take the following steps during the Contest Period:

- identify a Nominee that you think is inspiring and making a difference in your community and whose team, in your view, will benefit from the Prize;

- visit the Contest page on the Sponsor's website at https://aftershokz.com/makingstridez ("Website");

- click on the “Nominate Now” button to access the online application ("AfterShokz Grant Application");

- fully complete AfterShokz Grant Application;

- review and consent to the Official Rules and Sponsor's Privacy Policy, by clicking the appropriate checkboxes;

- follow the instructions to submit your Nomination (your completed AfterShokz Grant Application, your video submission(s) and all other information in connection with your entering the Contest are collectively - your "Nomination").

All Nominations must be in English and must comply with the word count limitations and other requirements indicated in the AfterShokz Grant Application. All requested information and material must be provided for your Nomination to be valid. Nominations submitted to Sponsor in connection with the Contest will not be returned. Proof of online submission of a Nomination will not be deemed to be proof of receipt of Nomination by Sponsor.

By submitting your Nomination, you agree that your Nomination conforms to the Contest guidelines and restrictions listed below (collectively, "Guidelines and Restrictions") and that Sponsor, in its sole discretion, may remove any Nomination and your Nominee from the Contest if it believes, in its sole discretion, that your Nomination fails to conform to the Guidelines and Restrictions listed below:

- Your Nomination must not disparage any person or entity;

- Your Nomination must be tasteful, consistent with Sponsor's brand and image, must not be harmful to Sponsor's brand or image, and must not contain material that is inappropriate, indecent, obscene, hateful, tortious, and/or defamatory;

- Your Nomination 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; and

- Your Nomination must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the Nomination is created.


Each Entrant acknowledges that other Entrants may have used ideas and/or concepts in their Nomination that may be similar in idea or concept to what is included in Entrant’s Nomination. Each Entrant understands and agrees that he/she shall not have any claim against any other Entrant or Sponsor arising out any such similarity or be entitled to any compensation because of any such similarity.

Sponsor reserves the right to reject, modify, edit, or remove any Nomination from the Website or to request an Entrant to modify his/her Nomination if, in the sole opinion of Sponsor acting in its sole and absolute discretion, the Nomination does not abide by these Official Rules or is otherwise inappropriate, or could potentially expose Sponsor to lawsuits, embarrassment, adverse publicity or otherwise reflect unfavorably on Sponsor.  

  1. PRIZES AND APPROXIMATE RETAIL VALUE. There will be one (1) grand prize ("Grand Prize"), awarded to one (1) Nominee ("Grand Prize Coach") and two (2) finalist prizes ("Finalist Prizes"), awarded to two (2) Finalist Coaches ("Finalist Coaches") during the Contest Period (collectively, Grand Prize and Finalist Prizes shall be referred to herein as "Prizes" and Grand Prize Coach and Finalist Coaches – as "Winners").

The Grand Prize consists solely of (a) a $3,000 cash grant; (b) Goodr sunglasses for the entire team; and (c) Team Prize Pack, which includes AfterShokz headphones for the team, $250 shared gift cards from Science In Sport, Nathan Sports, NUUN, Orange Mud and Zealios, up to a total approximate Grand Prize value of $6,000. The Finalist Prize consists solely of a Team Prize Pack, which includes AfterShokz headphones for the team, $250 shared gift cards from Science In Sport, Nathan Sports, NUUN, Orange Mud and Zealios, each up to a total approximate Finalist Prize value of $3,000. Total approximate retail value of all Prizes is $12,000.

  1. FINALIST AND WINNER DETERMINATION AND NOTIFICATION; JUDGING CRITERIA. Nominations will be judged and scored by a panel of qualified judges, designated by Sponsor, including Sponsor's employees ("Judging Panel") based on specified subjective judging criteria and public vote to determine three (3) finalists ("Finalists") among all the eligible Nominations. Public vote will be open from July 17, 2020 to July 24, 2020 at https://aftershokz.com/makingstridez. Winner determination will be based upon 50% public vote results and 50% Judging Panel's review in accordance with the following equally-weighted criteria ("Judging Criteria"):

- overall inspirational quality of Nominee and his/her track and field or cross-country coaching technique and/or approach, and inspirational quality of the team as a whole;

- clarity and objectivity of examples of how the Nominee and his/her coaching has been inspirational;

- consistency of Nominee and his/her track and field or cross-country team with the theme of inspirational coaches and teams;

- the most apt, interesting, and original Nomination;

- description of how the award will be used to promote and advance the activities of the Nominee's track and field or cross-country team; and

- the overall quality (e.g., writing quality, including clarity) of the Nomination.

In the event of a tie, all tied Nominations will be re-scored by an additional judge selected by Sponsor, who, using the Judging Criteria, will break the tie. On or about June 29, 2020, Finalists will be notified via email, phone, or mail, and may be requested to sign and return, where legal, an affidavit of eligibility, liability/publicity release, license agreement, an IRS W-9 form and any other documentation that may be required by Sponsor ("Prize Documentation"). If the requested Prize Documentation is not timely provided, the Prize may be forfeited.    

To be considered for the Grand Prize, Finalists must submit a video by July 15, 2020, by uploading it to a Dropbox folder, as will be directed by Sponsor, showcasing their Nominee and explaining how the Prize would be beneficial to promote and advance the activities of the Nominee and his/her team. Video submissions must conform to the Content Guidelines and Restrictions listed above. If a Finalist does not submit a video, he/she will still be eligible to receive a Finalist Prize, but not a Grand Prize.  

All videos must be:

- in one of the following video types: .avi, .mov, .mpg, .mp4, mpeg, or .wmv;

- no more than two (2) minutes in length and 100 megabytes in size;

- Finalist's original creation;

- suitable for publication;

- submitted in English.

Judging Panel shall review and score the video submissions in accordance with the Judging Criteria set forth herein and select one (1) Finalist as the Winner of the Grand Prize and two (2) Finalists as the Winners of the Finalist Prize. In the event of a tie, all tied Nominations will be re-scored by an additional judge selected by Sponsor, who, using the Judging Criteria, will break the tie.

Sponsor will contact the Winners on or about July 30, 2020. If a potential Winner does not respond to Sponsor's initial notification attempt within three (3) calendar days (or such longer period or number of attempts as may be required by applicable law), such person will forfeit the applicable Prize and Sponsor may select an alternative Winner in accordance with the Judging Criteria set forth above.

Each potential Winner must pass all required background check requirements, as determined in the sole and absolute discretion of Sponsor. Winners must be verified as a coach in good standing with the applicable track and field or cross-country high school or AAU program, along with any additional clearances, a copy of which may be required by Sponsor, within five (5) calendar days (or such longer period or number of attempts as may be required by applicable law) of being notified as a Winner, or the Prize may be forfeited and may be awarded to an alternate in accordance with the above Judging Criteria and at Sponsor's sole discretion. Winners must attest that Prizes will be used in accordance with the Contest's intended purpose, i.e., to promote and advance the activities of a respective Winner's track and field or cross-country team.

Grand Prize Coach will be publicly announced on or about August 13, 2020. All Prizes will be donated directly to the high school or an AAU (or their designee) where a respective Winner coaches, within a reasonable amount of time following the Contest Period, and will be earmarked for the Winner's track and field and/or cross-country team at those schools or AAU.

  1. PRIZE CONDITIONS. By participating, Entrants, Nominees and Winners (and the parent or legal guardian thereof if a Winner, Nominee, or Entrant is deemed a minor in his/her state of residence) agree to abide by the Official Rules and all decisions of Sponsor and the Judging Panel, which are final and binding in all respects. Noncompliance may result in disqualification. A potential winning Nominee is not a winner unless and until he/she has fully complied with the Official Rules and all Prize processes have been completed (including affidavits and any verifications required by Sponsor). Documents must be signed by parent/legal guardian of a minor. Entries become Sponsor’s property and will not be returned. All federal, state, local tax liabilities and any applicable fees associated with accepting a Prize or participation in this Contest are the sole responsibility of the Winners. Winners are responsible for any expense or item not specifically awarded in the Official Rules.

Winners may not transfer, substitute, divide or split Prizes or redeem for cash all or any part of Prize. If necessary due to unavailability of the Prize or any portion of the Prize, a prize of equal or greater value will be awarded at the discretion of the Sponsor. If a prize notification is returned to Sponsor as undeliverable or if an Entrant is found to be ineligible or a Nominee declines to accept a Prize for any reason, an alternate Winner will be selected. Failure by an Entrant, Nominee, or Winner to return the Prize Documentation or any other required documents by the time specified by Sponsor may result in the Winner being disqualified and an alternate Winner selected.

By entering in this Contest and/or accepting the Prize, Entrant, Nominee, and Winner (and the parent or legal guardian thereof if a Winner, Nominee, or Entrant is deemed a minor in his/her state of residence) hereby consent (except where prohibited by law) to the reasonable use by Sponsor of the Entrant's, Nominee's, and Winner's photograph, voice, likeness and/or image, city and state, biographical information, contents of the Nomination, entry form, and/or any statements made by them regarding the Contest or Sponsor for advertising and promotional purposes without notice or additional compensation, in perpetuity and in any and all media now known or hereafter discovered, except where prohibited by law.  

  1. NON-INFRINGEMENT. Entrant (and the parent or legal guardian thereof if Entrant is deemed a minor in his/her state of residence) hereby represents and warrants that (a) he/she has the right to grant the rights granted herein (including without limitation in Section 10 below) or, alternatively, he/she has obtained all necessary rights and permissions, including consent from his/her Nominee, to use and submit his/her Nomination in connection with the Contest and to provide all the rights specified in these Official Rules; and (b) his/her Nomination and the use thereof as contemplated herein does not and will not violate, misappropriate, or infringe upon any law or regulation or the rights of any third party, including any copyright, trademark, or any rights of publicity or privacy, or any other intellectual property or proprietary rights. Sponsor reserves the right to request third party releases and/or authorizations from any third party included in any Nomination at any time, without any payment or consideration to be paid by Sponsor. Failure to produce fully executed third party releases and/or authorizations (if applicable) may result in disqualification of the Nomination from the Contest, in Sponsor’s sole and absolute discretion.

  2. LICENSE TO NOMINATIONS. By submitting his/her Nomination, each Entrant (and the parent or legal guardian thereof if Entrant is deemed a minor in his/her state of residence) hereby grants to Sponsor a perpetual, irrevocable, royalty-free, worldwide, nonexclusive license to publish, reproduce, display, perform, distribute, adapt, edit, modify, translate, create derivative works based upon, and otherwise use and sublicense his/her Nomination, or any portion thereof, in connection with the Contest and for other marketing and promotional purposes, and to incorporate any Nomination, in whole or in part, into other works in any manner, form, media or technology now known or later developed, without additional compensation to Entrant, Nominee or Winner. Sponsor will have no obligation to publish or use or retain any Nomination submitted by any Entrant or to return any such Nomination or Contest entry materials to any Entrant. Each Entrant (and the parent or legal guardian thereof if Entrant is deemed a minor in his/her state of residence) also agrees to take, at Sponsor's expense, any further action reasonably requested by Sponsor to effect, perfect, or confirm Sponsor's rights set forth above in this Section. By entering, each Entrant (and the parent or legal guardian thereof if Entrant is deemed a minor in his/her state of residence) consents to the Sponsor dealing with their Nomination in any way that may otherwise infringe the Entrant’s moral rights, and agrees not to assert their moral rights (wherever such rights are recognized) in respect of their Nomination against the Sponsor or its assigns, licensees or successors.

  3. ADDITIONAL TERMS. Sponsor reserves the right to modify, suspend or terminate the Contest in the event that it becomes necessary due to circumstances beyond Sponsor’s control, including without limitation, if viruses, bugs, unauthorized human intervention, fraud or other causes beyond Sponsor's control affect the administration, security or proper play of the Contest or Sponsor otherwise becomes (as determined in its sole discretion) incapable of running the Contest as planned. In the event the Contest is terminated early, Winners will be selected from all eligible Nominations received at the time of termination. Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the Nomination process or the operation of the Contest or the Website or violates these Official Rules.

  4. CONDUCT OF PARTICIPATION. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE RELATED TO SPONSOR OR THE CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.

In the event of a dispute as to any Nomination, the authorized account holder of the email address or social media account used to register will be deemed to be the Entrant and must comply with these Official Rules. The "authorized account holder" is the natural person assigned to the applicable social media account or the email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each Entrant may be required to show proof of being an authorized account holder.

  1. LIMITATIONS OF LIABILITY; DISCLAIMER OF WARRANTIES. WHEREVER ENFORCEABLE, THIS CONTEST IS NOT SUBJECT TO LEGAL RECOURSE.

WHEREVER ENFORCEABLE, IN NO EVENT WILL THE RELEASED PARTIES (AS DEFINED BELOW) BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE AND/OR ENTRY IN THE CONTEST, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE CONTEST.

WITHOUT LIMITING THE FOREGOING, THIS CONTEST AND ALL PRIZES ARE 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 NONINFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

  1. RELEASE OF LIABILITY. By participating, Winners, Nominees, and Entrants (and the parent or legal guardian thereof if a Winner, Nominee, or Entrant is deemed a minor in his/her state of residence) agree to release, discharge, indemnify and hold harmless Sponsor and its respective affiliated entities, affiliates, subsidiaries, parent corporations and companies, and all of their respective officers, managers, directors, shareholders and principals, employees, representatives, agents and franchisees (collectively, "Released Parties"), from and against any claims made by any Winners, Nominees, and Entrants or any other third parties related in any way to the operation of this Contest, as well as any other claims, damages or liability due to any injuries, damages or losses (whether alleged, threatened, or actual) to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from (a) promotion, execution, or administration of the Contest, cancellation or modification of any aspect of the Contest or my participation in this Contest or any related activity, including, without limitation, in connection with, preparation for, travel to, the Contest, or possession, acceptance, use, misuse and/or nonuse of any Prize; (b) any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action; (c) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (d) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (e) unauthorized human intervention in any part of the Nomination process or the Contest; (f) electronic or human error in the administration of the Contest or the processing of Nominations. Winners, Nominees, and Entrants (and parents or legal guardians thereof if the Winner, Nominee, or Entrant is deemed a minor in his/her state of residence) assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Contest or acceptance, use or redemption of any Prize. Sponsor is not responsible if Contest cannot take place or if any Prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, pandemics, epidemics, weather, acts of terrorism, government laws, regulations or actions or other circumstances beyond the control of Sponsor.

  2. PRIVACY / USE OF PERSONAL INFORMATION. By participating in the Contest, Entrants (and the parent or legal guardian thereof if Entrant is deemed a minor in his/her state of residence) hereby consent to Sponsor’s collection and usage of Entrants’ personal information. Each Entrant acknowledges that he/she has read, understood and accepted the Sponsor’s Privacy Policy, available at https://aftershokz.com/pages/policies.

Entrants may be offered the optional opportunity to receive coupons, newsletters, informational materials, marketing communications, or other special promotions, or other offers from Sponsor, affiliates of Sponsor, and/or third-party service providers. Entrants will not be contacted for marketing purposes unless they have provided their express consent.

  1. DISPUTES; GOVERNING LAW. Wherever enforceable, the parties waive all rights to jury or bench trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest.

Wherever enforceable, any controversy or claim arising out of or relating to these Official Rules and/or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York.

WHEREVER ENFORCEABLE, THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of New York. The parties agree not to raise the defense of forum non conveniens.

  1. MISCELLANEOUS. Sponsor reserves the right to change these Official Rules at any time, in its sole discretion, and to suspend or cancel the Contest at any time without notice. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect. 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 and these Official Rules, these Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor's sole and absolute discretion. Entrants, Nominees and Winners (and the parent or legal guardian thereof if an Entrant, Nominee, or Winner is deemed a minor in his/her state of residence) waive any rights to claim ambiguity of these Official Rules. These Official Rules may not be reproduced or reprinted in part or in their entirety without the express prior written permission of Sponsor. If you have any questions about these Official Rules or the Contest, please send written questions to Sponsor to: AfterShokz LLC, 10727 Domain Drive, Austin, TX 78758, ATTN: Making Stridez Grant Contest.

  2. WINNERS LIST AND OFFICIAL RULES. You may obtain copies of the Official Rules and/or Winners' list by sending a self-addressed, stamped envelope that reads: Winners List and/or Official Rules, to: AfterShokz LLC, 10727 Domain Drive, Austin, TX 78758, ATTN: AfterShokz Gives Back with the Making Stridez Grant Contest; all requests must be received within six (6) months after the end of the Contest Period. Sponsor will keep the names of the Winners posted on its Website for three (3) months after August 13, 2020.

  3. ADDRESS. AfterShokz LLC, 10727 Domain Drive, Austin, TX 78758, ATTN: Making Stridez Grant Contest.

THIS PROMOTION IS NOT SPONSORED OR ADMINISTERED BY FACEBOOK, INSTAGRAM, OR TWITTER. THESE SOCIAL MEDIA SITES MAY BE USED TO ADVERTISE THE PROMOTION ONLY.