Terms & Conditions - PROJECT PARKOUR FREEBIE #2

NO PURCHASE NECESSESSARY TO ENTER OR WIN. PURCHASE WILL NOT IMPROVE CHANCES OF WINNING. The Project Parkour Freebie #2 (“Sweepstakes”) will be held online from 12:01 am Central Time (“CST”) July 10th, 2020 (“Sweepstakes Start Date”) to 11:59 pm Central Time (“CST”) July 11th, 2016. (“Sweepstakes Period.”) Sweepstakes and Sweepstakes Prizes are NOT sponsored or endorsed by Breach Apparel®. Breach Apparel® is NOT affiliated with and does not sponsor or endorse the products or services of Fight or Flight Academy.  

  1. Sweepstakes. The Sweepstakes provides entrants with the opportunity to create a short video of his or her opinions on our Project Parkour Contest (see "fightorflightacademy.com"). Eligible Entries (defined below) will be posted online for others to view, as more fully set forth in these rules and regulations. By participating in the Sweepstakes, each entrant ("Participant", “Entrant” or “you”) unconditionally accepts and agrees to comply with and abide by these Official Rules and Regulations. 
    1. You acknowledge that you are 18 years or older at the time of participation, and, if under the age of 18 or under the age of majority for your jurisdiction, you are participating to this Sweepstakes under the active supervision of a parent, legal guardian, or other responsible adult (altogether referred to as “Guardian” in the following) who has read and agreed to these Terms & Conditions on your behalf. Due to the fact that the participation is web-based/smartphone-based, Fight or Flight Academy excludes any responsibility and/or liability in case the participation/the award of a prize requires the approval of a Guardian. This solely lies within the responsibility of the Entrant.
    2. Company is not liable in case Participants are not legally allowed to take part in the Sweepstakes due to national or local laws.
    3. Company is not responsible in case a Participant is not physically or mentally able to perform any or all of the described tasks. Company is not liable in case a Participant injures him-/herself while performing actions with regard to this Sweepstakes.
    4. Only one entry per person is allowed as defined in section 3.1 below. Further, only natural persons and non-entrepreneurs are allowed to participate.
  2. Time Period. This submission window will run between July 10th, 2020 12:01 am CST to July 11th, 2020 11:59 pm CST (the “Completion Date”).  All completed entries must be received no later than 11:59 p.m. CST on the Completion Date (“Eligible Entries”). Submissions received after this date and time will not be valid.  
  3. Eligible Entries. All submissions become property of Company regardless if they are Eligible Entries. Entrants must use the website www.fightorflightacademy.com (“Website”) to complete the registration process and follow the online instructions.  Eligible Entries must meet the following requirements:

  • Submissions must be posted on your own Instagram account, tagging “#projectparkour @fightorflightacademy” and "@breachgram"
  • Follow @fightorflightacademy on Instagram
  • original, previously unpublished and must not infringe a third party’s copyright or trademarks, privacy, or other intellectual property rights
  • The Entrant must be identifiable throughout the video (i.e. his/her face must be visible most of the time).
  • The Entrant may only submit one video, and he/she will not be able to change a video in any way once it’s submitted.
  • Entrants must be able to provide on Company’s request all appropriate clearances, permissions, releases  and releases from all identifiable individuals appearing in the video (in the event an entrant cannot provide all required releases, Company reserves the right, in Company’s sole discretion, to disqualify the applicable submission, or seek to secure the releases and clearances for Company’s benefit, or allow the applicable submission to remain in Sweepstakes)
  • contain no material which is (or promotes activities which are) sexually explicit, obscene, pornographic, violent (e.g., relating to murder, the sales or use of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing or which is otherwise inappropriate, in the sole discretion of Company

Company shall have no obligation (express or implied) to use any submission, or to otherwise exploit any submission or, if commenced, to continue the distribution or exploitation thereof, and Company may at any time abandon the use of the any submission for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.

  1.  Public Viewing and Finalist Selection. Once the submission is uploaded to the Website and approved by Company or its designee, it will be made available for viewing on the Company’s Instagram (@fightorflightacademy). Company’s Instagram followers will be invited to view all of the Eligible Entries.

The Potential Finalists will be contacted by phone, mail or email at the Company’s discretion on or about August 1st , 2020 and must sign and return a Declaration of Eligibility and a Liability/Publicity Release (the “Finalist Documents”) prior to being declared a Finalist. If a Potential Finalist fails or refuses to sign and return all Finalist Documents within three (3) days of notification (or a shorter time if required by exigencies), the Potential Finalist may be disqualified and an alternate Potential Finalist may be selected. If any Potential Finalist does not respond within the time required by Company, or if the Potential Finalist notification is returned as unclaimed or undeliverable to any Potential Finalist, such Potential Finalist will forfeit his or her Finalist status and an alternate Potential Finalist may be selected. If any Potential Finalist is found to be ineligible, or if he or she has not complied with these Official Rules and Regulations or declines his/her status as a Potential Finalist for any reason, such Potential Finalist will be disqualified and his/her status as a Potential Finalist may be given to the next highest scoring Eligible Entry.

  1. Prizes. The Sweepstake offers apparel from Breach Apparel®. Prizes are non-transferable.  Grand prize is a lifetime membership to Fight or Flight Academy Online. The prize winner shall be solely responsible for any required or applicable federal, state, provincial and/or local taxes and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize.  Prize winners will be required to execute a W-9 (if applicable). Company reserves the right to withhold a prize for any breach of the Official Rules and Regulations.
  2. Waive of Liability and Indemnification. By entering the Sweepstakes, participant agrees to indemnify and hold Company and its officers, directors, shareholders, and employees harmless from and against any loss, claim, damage or expense, and/or all costs of prosecution or defense of their rights hereunder, whether in judicial proceedings, including appellate proceedings, or whether out of court, in contract or in torts, including without limiting the generality of the foregoing, attorneys’ fees, and all costs and expenses of litigation, in connection with the Prize(s) and/or arising under these Official Rules and Regulations.
  3. Publicity Release.  By participating in the Sweepstakes, each entrant irrevocably grants Company and its designees and their respective successors, assigns and licensees, the right to use such entrant’s name, likeness, biographical information and submission in any and all media for any purpose, including without limitation, advertising and promotional purposes as well as in, on or in connection with the Website or the Sweepstakes or other promotions, and hereby release the Company from any liability with respect thereto.
  4. Governing Law; Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. The Parties agree to submit to the jurisdiction and venue of any court of competent jurisdiction in Minnesota without regard to conflict of laws provisions, for any claim arising out of this Agreement.
  5. Winners’ List. Sweepstakes Winner’s List shall be available on or after July 10th, 2020 at 7:00 pm CST and can be made available upon request. 
  6. Right to Change the Terms & Conditions and to Disqualify. Company reserves the right to change the Sweepstakes rules and these Terms & Conditions from time to time and such changes will be available on Company’s website.
    1. If in Company’s opinion the Sweepstakes is compromised by any event beyond Company’s control, Company reserves the right to modify, terminate, amend or extend the Sweepstakes without responsibility and liability for any amount or kind of loss or damage that may result to you or any third party (whether direct or indirect).
    2. At any time during the Sweepstakes, Company reserves the right in its sole discretion to disqualify and remove any Entrant for any failure to observe these Terms & Conditions (including but not limited to, because Company believes the Entrant engaged in cheating and in general for violations of the provisions set out under section 11 of these Terms and Conditions) or where applicable any other kind of illegal or inappropriate behavior. In the event that a winning Entrant is disqualified, the prize will be forfeited and/or may be awarded to another Participant.
  7. Fair Play.
    1. You hereby confirm that the personal data you enter in connection with the Sweepstakes is accurate and up to date.
    2. You hereby warrant and represent that you personally performed and otherwise participated in the Sweepstakes to meet the criteria set out under these Terms & Conditions associated with your entry or by your own creation of other materials such as user generated content as specified in these Terms & Conditions and that you have not used any prohibited aids, such as automatic robots, scripts, services or other forms of manipulation. By entering this Sweepstakes, all Entrants warrant and represent that their entries are their own fully original creations, and their respective entries will not infringe or violate the rights of any third parties, including but not limited to copyrights, trademarks and/or rights of publicity/privacy.
    3. You confirm and are responsible that your entry does not:
      1. contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights;
      2. contain brand names or trademarks, other than (i) those of Company, which you have a limited license to use for the sole purpose of creating and uploading your entry, and/or (ii) those that you own, which you agree to license to Company on a royalty-free, irrevocable, perpetual, non-exclusive basis, or have license to use and sub-license to Company on a royalty-free, irrevocable, perpetual, non-exclusive basis in connection with the entry;
      3. contain copyrighted material not created by you, other than material that you have necessary rights, consents and permissions to use and sub-license to Company on a royalty-free, irrevocable, perpetual, non-exclusive basis in connection with the entry;
      4. contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
      5. contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the entry is created;
    4. In case of a breach of or an infringement arising out of or related to sections 11a, 11b, and/or 11c above, you shall defend and indemnify Company, including, without limitation, against claims of infringement based on intellectual property rights.