OFFICIAL RULES FOR ENTRANTS IN BAUERFEIND’S U.S. “SHOOT IT LIKE DIRK” PROMOTION
1. Promotion Period.
NO PURCHASE OR FEE NECESSARY TO ENTER OR WIN. This “Shoot It Like Dirk” promotion (“Promotion”) is sponsored by Bauerfeind USA Inc. (the “Sponsor”). This Promotion in the United States starts on January 20, 2017 and runs through and ends at Midnight Eastern Standard Time (“EST”) on March 22, 2017 (the “Promotion Period”). By participating in the Promotion on the website at www.shoot-it-like-dirk.com (the “Promotion Website” or “Website”) an entrant agrees to these Official Rules.
(a) Grand Prizes. Two Grand Prize winners of the basketball video submission competition, described below, will receive a 3 night trip during the time period of April 9, 2017 to April 13, 2017 (the “Trip Period”) to Dallas, Texas to watch a Dallas Mavericks basketball game and attend a “Meet & Greet” with Dirk Nowitzki (sometimes referred to as just “Dirk”). Each winner must be available for travel during the specified Trip Period and must possess valid travel and identification documents. Each Grand Prize trip includes: round-trip economy class air travel to and from Dallas for one person from an airport near the winner’s residence as selected in the discretion of Sponsor or its selected travel agent; a ticket to a Dallas Mavericks home basketball game during the trip; attendance at a Meet & Greet session with Dirk Nowitzki of the Dallas Mavericks; 3 consecutive nights in a 3-star hotel in Dallas, including daily breakfast for one; and shuttle transportation to and from the Dallas-Ft. Worth airport to and from the hotel and to and from the hotel to the basketball venue. The cost of transportation to and from the winner’s departure and return airport, other meals, incidentals, other local transportation in Dallas, taxes, gratuities and other expenses not specifically stated in the Grand Prize description are the sole responsibility of the winner. The approximate retail value (“ARV”) of a Grand Prize is $1,450.
(b) Voter Prizes. The following Voter Prizes will be awarded to winners determined by successive randomized computer drawings: 10 Arm Compression Sleeves (ARV of each is $50); 1 Arm Compression Sleeve signed by Dirk (ARV is $50); 1 Jersey autographed by Dirk (ARV is $69); 1 $150 voucher for the Nike online store (ARV is $150); and 1 full year subscription to the basketball magazine SLAM and the DVD “The Perfect Shot” (ARV is $127.99). Total ARV of the Voter Prizes is $900, and total ARV of all Grand Prizes and Voter Prizes is $3,800.
(c) Any taxes on prizes will be the responsibility of winners. No prize transfers, substitutions or cash equivalents are permitted, except in the sole discretion of and with the written consent of Sponsor.
3. How to Enter and How It Works.
(a) Overview. You’ve got what it takes – so give us your best shot! To enter to win a Grand Prize, you need to create a basketball shot video. The coolest videos with the most votes from viewers on the Promotion Website will go through to the second round of “Shoot it like Dirk”! Upload your best basketball move and try to qualify for “Shoot it Like Dirk” Round 2! Get creative!
Use your video to show us your creativity and basketball skills. Set the scene for your shot. Picking a great theme and making your video fun are both important – but remember that, ultimately, the successful basketball shots must be made by just one person, as only this person will be eligible to win a Grand Prize.
The Internet community visiting the Promotion Website will vote for the best videos in Round 1. The 100 videos with the most votes will go to Round 2 of “Shoot it Like Dirk”, where they’ll have to make the shots demonstrated by Dirk – and the two lucky winners with the most votes will fly to Dallas in April. The recipe for success is simple: create a video of cool basketball move + the most votes = a chance for a Grand Prize basketball trip and Meet & Greet with Dirk in Dallas.
(b) To participate and/or enter, an entrant must go to, Sponsor’s Website for the Promotion at www.shoot-it-like-dirk.com, click the link, fully complete the online registration with the information requested and follow the on-screen instructions to submit your entry. Merely entering information with a video submission and/or a vote at the Website is not considered proof of delivery to or receipt by Sponsor of such entry unless actually received by Sponsor. By uploading a video and clicking to confirm, you accept the terms and conditions of the video aspect of the Promotion.
(c) The Two Rounds of “Shoot it like Dirk”
The video competition for the Grand Prizes consist of two rounds. Round 1 starts on January 20, 2017 and ends on February 19, 2017. Round 2 starts on February 27, 2017 and ends on March 22, 2017. The winners of all the prizes will be determined from among all video entrants and all voters on March 27, 2017.
(1) How Round 1 Works
A. For Round 1, do a video of your very own special basketball shot/trick shot. The video file must not exceed 30 MB and the video must be no longer than 3 minutes in total. HD videos will take roughly one minute to upload. The file must be in .mp4 or .avi format. Other video formats will not be accepted. These same technical requirements will apply to video submissions in Round 2.
B. The video must be uploaded to the Website www.shoot-it-like-dirk.com so that the video can be seen all over the United States. Videos can be uploaded until Midnight (EST) February 19, 2017. Before you submit your video, you will have to enter some personal data, which is required for checking eligibility and determining and informing the winners.
C. The following information is required: Full name, street, town, zip code, country, email address and a nickname selected by the participant. Email addresses are used to verify participants, send updates about the video competition, inform entrants if their video has been voted to Round 2 or not, or if they have been voted a winner of a prize. Since all information directly relating to the “Shoot it Like Dirk” Promotion will be sent via email, please check and confirm the correctness of your information submitted. Your nickname and U.S. state of residence will be visible to viewers visiting the Website during the Promotion.
D. All visitors and viewers on www.shoot-it-like-dirk.com will then be able to rate and vote for the submitted videos of their choice using the voting function. This will make you a voter. You may vote for multiple videos but may only vote once for a specific video. Voting makes you an entrant for the chance of being awarded a Voter Prize. All votes in Round 1 that are cast before Midnight (EST) on February 19, 2017 will be counted. You will be allowed only one entry for the Voter Prizes drawing no matter how many votes you cast. All the votes that a video receives will be added up. Individual clicks count as votes. The 100 videos with the most votes will win Round 1 and go through to Round 2.
(2) How Round 2 Works
A. In Round 2, the top 100 shooters whose videos have gained the most votes will be given special tasks by Dirk via a video sent by email to the shooters’ email addresses, which they must complete in order to participate in Round 2. The email message will be sent by Midnight (EST) February 27, 2017, and Dirk will demonstrate four different basketball shots. The participants must then record a video of themselves taking the same shots. This means that you’ll have to video yourself copying Dirk’s shots, then upload your video again to www.shoot-it-like-dirk.com. Entries can be uploaded until Midnight (EST) on March 22, 2017. You must comply with the video technical requirements set forth in 3(c)(1)(A) above.
B. All votes in Round 2 that are cast before Midnight (EST) on March 22, 2017 will be counted. The two videos with the most votes will win a Grand Prize and will be the two winners of the “Shoot it like Dirk” video competition.
(3) How Voter Prizes Are Awarded. All participating voters who vote for a video in Rounds 1 and 2 will receive one entry only for the Voter Prizes drawing no matter how many times they vote for videos. Winners of the Voter Prizes will be determined by randomized computer drawings on or about March 27, 2017.
(d) Entry is limited to one person per dedicated email address. Online entry must be made by an individual entrant using his/her email address only at the Sponsor’s Website. Entries made by any other individual using the entrant’s email address, and/or originating at any other website or email address, including, but not limited to, commercial promotion subscription notification and/or entering service sites will be declared invalid and disqualified for the Promotion. The use of any robotic procedure or any other device to automate or defeat the entry process or these Official Rules is prohibited. Excess entries relating to an entrant not compliant with the Official Rules for the Promotion are not permitted and will be invalid and disqualified.
(e) Sponsor’s webserver clock will be the official timekeeper for the time of receipt of online entries of video submissions and votes in this Promotion. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the particular entry will be disqualified in Sponsor’s discretion. The Sponsor shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users or any of the equipment or programming associated with or used in the Promotion or by any technical or human error which may occur in the processing of entries in the Promotion. Sponsor assumes no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries.
4. Determination of Winners.
(a) On or about March 27, 2017, winners of the Grand Prize will be determined by the vote count and winners of the Voter Prizes will be determined by randomized computer drawings. The odds of winning all prizes will depend on the number of eligible entries during the Promotion Period; for the Grand Prizes, by video submissions and by votes for a video submission, and, for Voter Prizes, by the number of voters participating. Winners will be notified of being a potential winner by email within 5 days of winning with the exact timing at the discretion of Sponsor. You do not have to be present to win. Instructions on how to claim the prizes will be included with the winner notification. If a prize is not acknowledged and accepted by a winner by confirmation email sent to and actually received by Sponsor within 5 days of the date of email communication of the winner notification, or the notification is returned as undeliverable, the prize will be deemed forfeited and awarded to an alternate winner. Sponsor shall have no liability for any winner notification that is lost, intercepted, returned, or not received by Sponsor from a potential winner for any reason or for any failure of a winner to claim or use the awarded prize. If any potential prize winner is found to be ineligible, or if he or she has not complied with these official rules or declines the prize for any reason, such prize will be forfeited and Sponsor will award the prize to an alternate winner.
(b) A winner of a Grand Prize will be required to return to Sponsor a properly signed Affidavit of Eligibility, Release of Sponsor Entities from Liability and Publicity Release. This must actually be received by Sponsor by an email copy within 5 days, and the original hard copy by U.S. Mail within 7 days, of the date of email communication of the winner notification or else the prize is forfeited and Sponsor will award it to an alternate winner, unless the time period is extended in writing by Sponsor in its discretion. In the discretion of Sponsor, winners of Voter Prizes may have to comply with these same requirements. Sponsor reserves the right to reschedule the travel dates for the Grand Prizes if the National Basketball Association or the Dallas Mavericks reschedule the planned game date or if Dirk Nowitzki is unable to attend or the planned date.
5. Copyright and Intellectual Property.
(a) By uploading a video, the participant transfers to Sponsor the non-exclusive right of use for the entire uploaded submission. Participants shall ensure that their entries are free of any third-party rights – for example trademark claims, property rights and/or copyright or the right to use images of other people in the video – and that such rights will not be infringed by the submission and display of the video on the Website www.shoot-it-like-dirk.com. If the video includes friends or other people, for example, the entrant must obtain their written consent. The videos will be available for viewing for free.
(b) Sponsor is permitted to display these videos on the Website www.shoot-it-like.dirk.com for the period from January 20, 2017 to December 31, 2017. Sponsor is free to make reference to www.shoot-it-like-dirk.com in order to publicize the Promotion or publish reminders about it, and to use individual videos as well as extracts from them, or to combine several video clips from the video submissions to make a new post. Sponsor shall have unlimited use of social media, such as Facebook, Instagram, YouTube and others, for this purpose. No fees relating to copyright shall be paid for the presentation of the films or their constituent parts. The copyright shall be owned by Sponsor. The data collected for this purpose will be deleted subsequently and/or after the legal retention period has expired unless the participant has consented to receive further information from or about Sponsor or other promotions involving Dirk Nowitzki.
The Promotion is open only to individuals who are legal residents in the 50 United States and the District of Columbia and who are 21 years of age or older at the time of entry. Entry is limited to and deemed made by the authorized email account holder. All entries are subject to verification and qualification by Sponsor. Employees and immediate family members and/or those living in the same household of employees of Sponsor, its subsidiaries, parent company, affiliates, and agencies, are not eligible to participate or win. Only bona fide, legitimate and good faith entries qualify.
Sponsor is not responsible for any inability of the winner to accept or use a prize for any reason. By entering the Promotion and/or accepting a prize, entrant agrees to (a) these Official Rules and that all decisions of Sponsor with regard to interpretation of these Official Rules, verification, qualification, and otherwise related to the conduct and administration of the Promotion shall be final in all respects; and (b) to the use of the winner’s name and/or likeness and publicity for advertising and promotional purposes without compensation, where permitted by applicable law. Sponsor reserves the right to cancel or make changes to these rules by an authorized representative during the Promotion Period. Sponsor is not responsible or liable for any printing, grammatical, mechanical or typographical errors in these Official Rules, the Website used for the Promotion or any other materials associated with this Promotion. If, for any reason, this Internet Promotion is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, hacking, technical failures or impairment, or any other causes which, in the discretion of Sponsor, corrupt, manipulate or affect the administration, security, fairness, integrity, or proper conduct of this Promotion, Sponsor reserves, in its discretion, the right to modify, suspend or terminate this entire Promotion. In the event of such a termination, in the discretion of Sponsor, a random drawing for any unawarded prizes will be held from among all eligible entries received by the time of such termination, as provided for herein. The captions of these Official Rules are for convenience of reference only and shall not be deemed to alter, affect or limit the scope of any Section to which they refer. All entries shall become the property of Sponsor. Promotion void where prohibited by law.
8. Integrity of Promotion on Internet.
(a) Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, Wi-Fi, computer, server, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at Sponsor’s Website or any combination thereof. Sponsor is not responsible for lost, delayed, misdirected, undelivered, robotic, macro, or any other forms of automatic entry, all of which will be disqualified and ineligible. Sponsor further reserves the right to disqualify any individual who tampers with the entry process. Sponsor may prohibit an entrant from participating in a Promotion if it determines that said entrant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, fraudulent activity or other unfair practices, or by acting in a manner inconsistent with these Official Rules, or by any actions intending to abuse, threaten or harass other entrants or in violation of applicable law. Sponsor shall have the right to take appropriate administrative and/or legal action in any such instance, including reporting to authorities for criminal prosecution, as it deems necessary in its sole discretion.
(b) Each entrant agrees not to upload, post or transmit any materials which contain any computer viruses, Easter eggs, worms, Trojan Horses or other harmful Internet component or programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. Sponsor reserves the right to suspend or terminate any entry in the event that an entry becomes infected or is otherwise technically impaired.
9. Arbitration Only/No Class Arbitration/Waiver of Jury Trial/Choice of Law.
(a) As a condition of participating in this Promotion, entrant agrees that (1) any and all disputes, claims, and causes of action arising out of or connected with this Promotion, or any prize obtained through the Promotion, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration under the Commercial Arbitration Rules of the American Arbitration Association as then in existence. This means you will not have the right to litigate a claim in court or have a jury trial. Further, you will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any dispute, claim or cause of action arbitrated hereunder. Arbitration will take place in Atlanta, Georgia, at a location selected by Sponsor and the Arbitrator’s decision shall be final; (2) any and all resulting claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to seek recovery for, and entrant hereby waives all rights to claim, punitive, exemplary, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and waives any and all rights to have damages multiplied or otherwise increased.
(b) All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of an entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Georgia, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Georgia, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Georgia.
10. Name of Winner.
For the names of the prize winners, send a stamped, self-addressed envelope to Sponsor at Bauerfeind USA, Attention: Warren Colter, 1230 Peachtree Street NE, Suite 1000, Atlanta, Georgia 30309. Such a request must be received within one month of the close of the Promotion Period. Sponsor may elect to list the winners via a link to its Website.
Bauerfeind USA, 1230 Peachtree Street NE, Suite 1000, Atlanta, Georgia 30309.