GUARDIAN PROTECTION SERVICES, INC. / FIRST RESPONDERS NIGHTS CONTEST
2021 OFFICIAL RULES
1. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS CONTEST IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM, FACEBOOK OR TWITTER, THE PITTSBURGH PIRATES, OR MAJOR LEAGUE BASEBALL (“MLB”). The Guardian Protection Services, Inc. / First Responders Nights Contest (the “Contest”) is subject to all federal, state, local and municipal laws and regulations and void where prohibited by law.
2. ADMINISTRATOR: The Contest is sponsored and administered by Guardian Protection Services, Inc., 174 Thorn Hill Road, Warrendale, PA 15086 (the “Administrator”).
3. ELIGIBILITY: The Contest is open only to legal United States residents age 18 years or older at the time of Entry who reside in the “Greater Pittsburgh Market Area”, which area consists of the zip codes set forth in Attachment A of these Rules. The Contest is not open to employees, directors or officers, or their immediate families (spouses and siblings, parents and children and their spouses), of the Administrator, the Pittsburgh Pirates or MLB or of their respective parent companies, affiliates, subsidiaries, promotional companies, legal advisors, or companies involved in the implementation and execution of this Contest. All winners are subject to the Administrator’s verification of eligibility hereunder.
4. CONTEST ENTRY PERIOD: The Contest begins at 8:00 a.m. Eastern Standard Time (“EST”) on July 6, 2021 and ends at 5:00 p.m. EST on July 22, 2021 (the “Contest Period”). ALL ENTRIES MUST BE SUBMITTED BEFORE THE EXPIRATION OF THE CONTEST PERIOD. Entries received outside of the Contest Period will be void.
5. HOW TO ENTER: During the entry period, visit Administrator’s (a) Instagram account (@guardianprotection), follow the account (@guardianprotection), and nominate a first responder by tagging them (another user’s account handle) in the comments on the post inviting eligible entrants to participate in the Contest (the “Contest Post”) or share the post to the Instagram story and tag Guardian with a public account, (b) Facebook account, like Guardian Protection and nominate a first responder by tagging them in the comments on the post or share the post to the Facebook story and tag Guardian with a public account, or (c) Twitter account, retweet the giveaway tweet, follow the account (gp_protects), and nominate a first responder by tagging them in the Twitter thread. Each method of entry (each a “comment”) must comply with the Submission Requirements set forth below.
Upon submission of a qualifying comment on the Contest Post (the “Entry”), you will be deemed an “Entrant” for purposes of the Contest. By submitting an Entry, Entrant will automatically receive one (1) Entry into the Contest. There are no limits on the number of Entries by an Entrant. Each Entry must comply with the Submission Requirements set forth below. On or about July 23, 2021, Administrator will conduct a random drawing to select three (3) prize winners per game (game dates are July 27, 2021, July 28, 2021, and July 29, 2021), for a total of nine (9) prize winners from among all eligible entries received. The odds of winning a prize will depend on the total number of eligible entries received during the Contest Period. Limit one prize per person. Each winner is subject to verification by Administrator and its decisions are final and binding on all matters relating to this Contest. An Entrant is not a winner of any prize unless and until the Entrant’s eligibility has been verified.
Individuals must have an Instagram, Facebook or Twitter account to participate in the Contest. If you do not have an Instagram, Facebook or Twitter account, you can sign up free of charge by visiting their respective websites. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any Entry, the authorized account holder of the account associated with the Entry will be deemed to be the Entrant. The “authorized account holder” is the natural person who is assigned to a social media account by an Internet access provider, service provider, or online organization responsible for assigning social media accounts for the domain associated with the social media account in question. The potential winner may be required to show proof of being the authorized account holder. Entrants agree to be bound by all decisions of Administrator, which are binding and final.
Entries that are mechanically reproduced, lost, late, stolen, damaged, copied, unintelligible, misdirected, mutilated, illegible, incomplete, inaccurate, or otherwise subvert the entry process are void. Entries not fully complying with these Official Contest Rules are subject to disqualification at the Administrator’s sole discretion. The Administrator is not responsible for lost or misdirected entries. ALL OTHER ENTRIES ARE NULL AND VOID.
All Entries become the sole property of Administrator and none will be acknowledged.
Each Entry must comply with the following guidelines:
- Entry must comply with these Official Rules and any applicable Instagram, Facebook and Twitter terms of service;
- Entry cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;
- Entry cannot promote illegal activity, alcohol, illegal drugs, tobacco, e-cigarettes, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
- Entry cannot include any materials relating to lotteries or gambling;
- Entry cannot include individuals under legal age of majority without providing a signed release from parent or legal guardian;
- Entry cannot be obscene or offensive, or endorse any form of hate or hate group;
- Entry cannot defame, misrepresent or contain disparaging, libelous, tortious or slanderous remarks about Administrator, or any of its products or services, or any other people, products or companies;
- Other than as expressly set forth in these Official Rules, Entry cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
- Other than as expressly set forth in these Official Rules, Entry cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission; Administrator does not permit the infringement of others’ rights and any use of materials not original to the Entrant (except copyrighted materials owned by Administrator) is grounds for disqualification from the Contest. Do not include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your Entry and grant the rights herein granted to Administrator;
- No background artwork should appear in an Entry unless it is an original work of the Entrant. Any artwork, murals, etc. that can be seen in Entries must be created solely by the Entrant or Entrant must be the sole owner of all copyright interests therein;
- Entry cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
- Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Administrator wishes to associate; and
- Entry cannot be in, or depict, violation of any law.
Administrator reserves the right, in its reasonable discretion, to (a) waive these Contest Entry guidelines, and (b) request that you resubmit your Entry if Administrator determines that your Entry fails to comply with the Contest Entry guidelines. By submitting an Entry, you warrant and represent that it (a) is your original work; (b) has not been previously published; (c) has not won previous awards; (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) that you have obtained permission from a person whose name, likeness, or voice is used in the Entry; and (f) that publication of the Entry via various media including web posting, will not infringe on the rights of any third party. You agree to indemnify and hold harmless Administrator, Instagram, Facebook, Twitter, the Pittsburgh Pirates and MLB from any claims to the contrary.
6. PRIZES: THERE WILL BE A TOTAL OF NINE (9) PRIZES AWARDED (THREE (3) FOR EACH APPLICABLE GAME) (each, a “Prize”). There will be one (1) grand prize winner, one (1) second place winner and one (1) third place winner for each game. The grand prizes consist of four (4) tickets in the Home Plate Club for one (1) of the baseball games between the Pittsburgh Pirates and the Milwaukee Brewers scheduled to be played on July 27, 2021, July 28, 2021 or July 29, 2021 (the “Games”). The second-place prizes consist of four (4) in-field seat tickets for one (1) of the Games. The third-place prizes consist of two (2) in-field seat tickets for one (1) of the Games. The Approximate Retail Value (“ARV”) of each grand prize is $1,000. The ARV of each second-place prize is $232. The ARV of each third-place prize is $116.
ARV is as of date of printing of these Official Rules. Any difference between the Prize value stated here and the Prize’s actual face or market value will not be awarded or paid. No cash or other substitution or exchange of Prize is permitted, except by Administrator as set forth below. All federal, state and local taxes are the sole responsibility of winner. Prize consists of only those items specifically stated as part of the Prize. All expenses and costs associated with the acceptance or use of the Prize that are not expressly specified in these Official Rules as being part of the Prize are the sole responsibility of the winner. In the event of unavailability of the Prize (or portion thereof), Administrator, in its sole discretion reserves the right to substitute the Prize (or portion thereof) including, without limitation, the cancellation, or other changes to the scheduling, of the Games with a prize of equal or greater value. Administrator will not replace any lost or stolen Prize items. Winner agrees that the Prize is personal to the winner and may not be sold, resold, auctioned, bartered, assigned, exchanged, placed in commerce, transferred, given away, donated or otherwise conveyed. Winner will not receive compensation from Administrator for Prize items that the winner is unable to use.
7. DETERMINATION OF WINNER: On or about July 23, 2021, or later, Administrator will conduct a random drawing to select the Prize winners from among all eligible entries received. On or about July 23, 2021, the Administrator will notify each potential Prize winner by direct message on the social media account provided in the Entry with a link to an eligibility form. Each potential Prize winner will be required to sign (a) an affidavit of eligibility that affirms he/she has complied with these Official Rules), (b) a liability release, and (c) where legal, a publicity release. Each document must be completed, signed and returned within forty-eight (48) hours from the date of issuance or the Prize will be forfeited. If any Prize, Prize notification or attempted notification is returned as undeliverable or is unanswered in accordance with these Official Rules, the Prize may be forfeited. The Prize is non-assignable and non-transferable, and the winner cannot accept only part of an awarded Prize. Administrator is not responsible for any change of email address, mailing address, social media account information, and/or telephone number of Entrants.
Unless prohibited by law, acceptance of a Prize constitutes permission for the Administrator and its respective affiliated parties, agents and contractors to use the winner’s name, address (city and state), voice, and/or likeness in internal and public announcements, and for advertising and business purposes, without further notice or compensation, worldwide and in perpetuity, in any form of media now known and hereafter devised, including, without limitation, the internet.
Except where prohibited, by accepting the Prize, the winner agrees that his/her Entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but, if it cannot be so deemed, then such winner irrevocably assigns and transfers to Administrator all of his/her right, title and interest in and to his/her Entry, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Administrator all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that each winner may now or later have to his/her Entry. Administrator reserves the right to alter, change or modify the winning Entries, in its sole discretion. Upon request of Administrator, the winner shall execute and deliver such additional instruments of assignment as Administrator may deem reasonably necessary to establish the ownership of record of the right, title and interest in and to the Entry and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Administrator fail to request the said assignment as stated, that shall not be deemed a waiver of Administrator’s rights and Administrator may later request the assignment.
8. TAXES: A Prize winner will be solely responsible for all federal, state and/or local taxes, and any other fees or costs associated with the Prize, regardless of whether the Prize is utilized. Administrator may issue a Prize winner an IRS 1099 form for Prizes worth more than $600.
9. GENERAL CONDITIONS: By entering, participants agree to be bound by these Official Contest Rules and the decisions of the Administrator and any Contest officials and judges the Administrator may appoint, which decisions shall be final and binding in all respects. The Administrator reserves the right, in its sole discretion, to disqualify any person it finds to be tampering with the entry process or the operation of the Contest, acting in violation of these Official Contest Rules, or engaging in un-sportsmanlike, inappropriate or disruptive conduct. Any person attempting to defraud or in any way tamper with this Contest will be ineligible for a Prize and may be prosecuted to the full extent of the law. If any tampering, fraud, technical error or failure, unauthorized intervention, or other problem corrupts, impairs, or affects the administration, security, fairness, or integrity of the Contest, or If the Administrator deems it necessary, the Administrator may, at its sole discretion, cancel, terminate, modify, or suspend the Contest and award any Prizes at random among all eligible Entries received up to the time of impairment.
ANY ATTEMPT TO DAMAGE ANY WEBSITE ASSOCIATED WITH THE CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. THE ADMINISTRATOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES AT LAW OR EQUITY FROM ANYONE RESPONSIBLE FOR SUCH AN ATTEMPT.
10. DISCLAIMERS: By entering, participants acknowledge and agree that the Administrator, Instagram, Facebook, Twitter, the Pittsburgh Pirates, MLB and their respective parents, subsidiaries, affiliates, franchisees, advertising and promotional agencies, and the officers, directors, employees, players, agents, and representatives of each of the foregoing entities (collectively, the “Contest Entities”), are not liable or otherwise responsible in any way for harm, loss, damage or injury of any kind arising from or relating to participation in the Contest, including, without limitation, the acceptance, possession, use or misuse of the Prize, printing, mailing, or distribution errors, malfunctions of the computer Internet system, computer dating mechanism, computer equipment, software, or any combination thereof, unauthorized human intervention in the Contest, errors in the administration of the Contest or the processing of Entries, or any Entries that are late (including misdirected or lost or delayed data transmissions), tampered with, garbled, incomplete, or otherwise not in compliance with these Official Contest Rules. The Contest Entities are not liable or otherwise responsible in any way for any harm, loss, damage or injury to any participant’s or other person’s computer or its contents that arise from or relate to the Contest. Participants release and agree to hold harmless the Contest Entities from liability from the claims described above. The Contest Entities are not responsible for late, lost, illegible, redirected, misdirected, stolen, undelivered, or separated Entries or Prize notifications, and they assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, or unauthorized access to their respective websites. The Contest Entities are not responsible for any problems or technical malfunctions of or relating to any telecommunications network or telecommunications lines, computer on-line systems, servers, computer equipment, telecommunications network equipment, software, e-mail or Entry, including, without limitation, those relating to human error, traffic congestion on the Internet or any website, or any combination thereof.
IN NO EVENT WILL ANY CONTEST ENTITY BE LIABLE OR OTHERWISE RESPONSIBLE IN ANY WAY FOR ANY HARM, LOSS, DAMAGE OR INJURY OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO A PARTICIPANT’S PARTICIPATION IN THE CONTEST, INCLULDING, WITHOUT LIMITATION, PARTICIPANT’S ENTRY OR THE DOWNLOADING OR PRINTING OF MATERIAL ASSOCIATED WITH THE CONTEST. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE CONTEST ENTITIES’ WEBSITES AND IN THIS CONTEST, INCLUDING, WITHOUT LIMITATION, EACH PRIZE, IS 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 NON-INFRINGEMENT. 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 PARTICIPANTS IN THOSE JURISDICTIONS.
11. DISPUTES: Any controversy or claim arising out of or relating to the Contest shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Pennsylvania law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Administrator will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Administrator shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE CONTEST, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
The Contest Official Rules and the Contest are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Official Rules, or the rights and obligations of Entrant and Administrator in connection with Contest, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth above in these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the state or federal courts situated in Allegheny County, Pennsylvania.
12. CONTEST WINNER’S LIST: To request the name and hometown of a Prize winner (to the extent permitted by applicable law) and/or a copy of these Official Contest Rules, send a self-addressed, stamped, business-size envelope to the Administrator at Guardian Protection Services, Inc., 174 Thorn Hill Road, Warrendale, PA 15086, Attn: Marketing Department. Indicate whether you are requesting the winner’s list and/or a copy of Official Contest Rules. Requests must be received by August 23, 2021.