Xenith Passion, Purpose, & Pride Award Official Rules

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
  1. 1. Description
    The Xenith Passion, Purpose, & Pride Award Contest (the "Contest") will award three (3) high school football teams with Xenith equipment grants as a credit towards the purchase of Xenith equipment only. There will be three (3) prize value amounts: 1st Prize - $2,500 Xenith Equipment Grant, 2nd Prize - $1,500 Xenith Equipment Grant, and 3rd Prize - $1,000 Xenith Equipment Grant. Prize winning teams must be a participating high school football team in the 2021 Xenith Prep Kickoff Classic and will be determined by the number of public votes collected during the voting period.

  2. 2. Eligibility
    The Contest is open to high school football teams participating in the 2021 Xenith Prep Kickoff Classic. Individuals who accept the prize must be either a football coach, board member, administrator, or athletic director for the football program which is intended to be the recipient of the prize. Employees of Xenith, LLC and other companies associated with the promotion of the Contest, and their respective parents, subsidiaries, affiliates and advertising and promotion agencies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Contest is subject to federal, state, and local laws and regulations.

  3. 3. Sponsor
    The Contest is sponsored by Xenith LLC, located at 4333 W Fort Street, Detroit, Michigan 48209.

  4. 4. Agreement to Official Rules
    Participation in the Contest constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Potential winner(s) must comply with all Official Rules and Sponsor’s requests during the fulfillment process to receive the prize(s).

  5. 5. Contest Prize Winner Selection
    The public will vote for the participating football team they feel exhibits the most passion, purpose, and pride. The Contest Voting Period begins on June 17, 2021 at 2:00 PM EDT and ends on July 2, 2021 at 11:59 PM EDT (the "Contest Voting Period"). All votes must be received during the Contest Voting Period. The form to vote will be located on xenith.com/xpkcaward. Votes must be received during the Contest Voting Period to count.

    The winners of the Xenith Equipment Grants will be determined by the number of public votes collected. A person with a valid email address can cast one (1) vote per day during the Contest Voting Period.

    On or about July 5, 2021, the Sponsor will count the number of all eligible votes received for each participating football team. The three (3) participating football teams with the most votes will be awarded the Xenith Equipment Grants. The odds of winning are 1 in 12. The Sponsor will notify the potential winners via telephone or email on or after July 7, 2021.

    Voting fraud: Should there be any attempt to manipulate the voting or winner selection process, Sponsor reserves the right to select the winners, disqualify any votes, disqualify any entry, and take any other action it deems appropriate in order to conduct this Contest fairly and equitably.

    Entrants may not obtain votes in exchange for, or provide or benefit from, any inducement, vote exchange, vote farming, or any other material benefit, that artificially inflates an entrant’s vote total, as determined by Sponsor in its sole discretion.

    Sponsor may reject any entry it believes is the result of fraud or were submitted in violation of the official rules.

  6. 6. Winner Notification
    The Sponsor will notify the potential winner by their provided telephone or email address on or after July 7, 2021. If the potential winner cannot be contacted within five (5) days after the date of the first attempt, Sponsor may select an alternate potential winner from the remaining non-winning, eligible entries. In the event that a potential winner is disqualified for any reason, Sponsor reserves the right to award the prize to an alternate entrant who will also be selected in a manner deemed fair and equitable by Sponsor, even if the disqualified potential winner’s name may have been publicly announced. Winners and/or Finalists may be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release, within seven (7) business days of attempted notification or prize may be forfeited. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants. Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Prizes will be fulfilled approximately 4 to 6 weeks after the conclusion of the Contest.

    For a list of winners, mail a self-addressed, stamped envelope to: Xenith LLC, 4333 W. Fort Street, Detroit, Michigan 48209. Requests must be received by August 31, 2021.

  7. 7. Prizes
    Three (3) grand prize winners will receive Xenith Equipment Grants
    - 1st Place - $2,500 Xenith Equipment Grant
    - 2nd Place - $1,500 Xenith Equipment Grant
    - 3rd Place - $1,000 Xenith Equipment Grant

    The Xenith Equipment Grant is not redeemable for cash and can only be used toward the purchase of new Xenith equipment products at retail value. The funds cannot be applied to existing bills, for helmet reconditioning expenses or Xenith uniforms. Equipment grant funds must be used in full by December 31, 2021.

  8. 8. Publicity
    Except where prohibited by law, winner grants (and agrees to confirm this grant in writing, if requested) permission for Sponsor and those acting under its authority to use their name, photograph, and/or likeness, for advertising and/or publicity purposes in any and all media now known or hereinafter invented without territorial or time limitations and without compensation.

  9. 9. General Conditions
    Sponsor is not responsible for lost, late, misdirected, undelivered, incorrect, or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of the entries. Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, bugs, virus, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. In the event of cancellation, Sponsor may cancel all prizes at its sole discretion. Sponsor is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions, the website, or network connections that are human or technical in nature. Sponsor reserves the right, in its sole discretion, to disqualify any individual or company it finds to be tampering with the entry process, the website, or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

  10. 10. Release and Limitations of Liability
    By participating in the Contest, entrants agree to release and hold harmless the Sponsor, its parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Contest, and each of their respective officers, directors, employees, shareholders, representatives, and agents (the Released Parties) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of the prize (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Contest, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Contest; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) application downloads, (e) any other errors or problems in connection with the Contest, including, without limitation, errors that may occur in the administration of the Contest, the announcement of the winner, the cancellation or postponement of the event and/or the flyover, if applicable, the incorrect downloading of the application, the processing of entries application downloads or in any Contest-related materials; or (f) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from entrants participation in the Contest or acceptance, receipt or misuse of the prize (including any travel or activity related thereto). Entrant further agrees that in any cause of action, the Released Parties liability will be limited to the cost of entering and participating in the Contest, and in no event shall the entrant be entitled to receive attorney's fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

  11. 11. Binding Arbitration
    Any controversy or claim arising out of or relating to this 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 Michigan 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, Sponsor 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 Sponsor 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 SECTION 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 AND (2) 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 SET FORTH ABOVE AND IN SECTION 9, SO SUCH LANGUAGE MAY NOT APPLY TO EVERY ENTRANT.

  12. 12. Governing Law and Jurisdiction
    This Contest and its Official Rules 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 Contests Official Rules, or the rights and obligations of entrants and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Michigan, 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 in Section 11 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Michigan, in the County of Wayne.

  13. 13. Privacy
    Information collected from entrants is subject to sponsor's privacy policy located at www.xenith.com/pages/privacy Copyright ©2021 Xenith. Xenith® and other trademarks and/or logos used herein are trademarks/logos of Xenith inc. in the United States and/or other countries. All rights reserved.