XENITH PREP KICKOFF CLASSIC SCHOLARSHIP RULES
NO PURCHASE OR PAYMENT OF ANY KIND 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. OPEN TO AFRICAN AMERICAN LEGAL RESIDENTS OF THE STATE OF MICHIGAN, WHO ARE GRADUATING FROM HIGH SCHOOL IN 2021 AND PLAN TO ENROLL AT A POST-SECONDARY EDUCATIONAL PROGRAM OR INSTITUTION (INCLUDING UNIVERSITIES, COMMUNITY COLLEGES OR VOCATIONAL SCHOOLS) LOCATED IN THE 50 UNITED STATES OR THE D.C., BY JANUARY 31, 2022.
1. SPONSOR: The Contest is sponsored by Xenith at 4333 W. Fort Street Woodward, Detroit, MI 48209 and the Detroit Sports Commission at 211 W. Fort Street, #1000, Detroit, MI 48226 (collectively, “Sponsor”). Any questions, comments, complaints or claims regarding the Contest must be directed to the Sponsors.
2. ELIGIBILITY: Xenith Prep Kickoff Classic Scholarship (the “Contest”) is open to African American high school seniors, who are legal residents of the state of Michigan, who will graduate from high school on or before June 30, 2021, and who will be enrolled in good standing at a US post-secondary educational program or institution (including universities, community colleges or vocational schools), which school must be located in the fifty (50) United States and D.C., and who are enrolled on January 31, 2022 (“Entrant” and/or “Eligible Entrant”). Employees, contractors, directors, officers, and agents of Sponsor, its affiliates, subsidiaries, distributors, sales representatives, and advertising, promotion and judging agencies and all other service agencies involved with the Contest, and members of the immediate family (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and household of each such employee (whether or not related) are not eligible to enter or win.
ENTRANTS WHO ARE UNDER THE AGE OF MAJORITY IN THEIR JURISDICTION OF RESIDENCE MUST OBTAIN CONSENT OF THEIR PARENT OR LEGAL GUARDIAN TO ENTER.
This Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
3. CONTEST ENTRY PERIOD: The Contest begins on Thursday, January 14, 2021 at 12:01:00 am Eastern Standard Time (“EST”) and ends March 15, 2021 at 11:59:59 pm EST (the “Contest Entry Period”). All entries must be received before the Contest Entry Period end time/date to be valid. All entries become the exclusive property of the Sponsor and will not be acknowledged or returned.
4. HOW TO ENTER: During the Contest Entry Period, Entrants will record an original video essay answering the following questions:
How has sport helped you to overcome and/or address barriers related to race?
How can sport be used to address issues of racial inequality in our community?
Then, during the Contest Entry Period, fill out the Contest registration form with all required information, and submit the video file and entry form online at www.xenith.com/xpkcscholarship to receive one (1) entry into the Contest. Contest entries must comply with the Content requirements set forth herein to be valid.
As used herein, “Content” refers to all content you submit in connection with the Contest (including, but not limited to, the video essay, and its description, writing, explanation, etc.). Sponsor reserves the right to remove any Content that does not adhere to the submission requirements, as determined in Sponsor’s sole discretion, and/or disqualify the entrant. Video content must be in the following file format/extension: .mp4, .mov or .avi. By submitting Content for the Contest, you hereby warrant and represent that your Content conforms to the Content Requirements set forth herein. Content must be:
Video must be a minimum of 3 minutes in length and no longer than 5 minutes in length
Video essay must be delivered/spoken by the Contest entrant in English
Content submission must be original work of the entrant and never before posted elsewhere.
Individuals who do not follow all of the instructions, provide all required information in their registration form, and/or abide by these Official Rules or other instructions of Sponsor may be disqualified.
Each entrant is allowed only one (1) entry submittal.
Entrants represent and warrant that their Content is the original work of such entrant, it has not been copied from others, it has not previously won awards, it does not violate the rights of any other person or entity, and publication of the Content via various media including Web posting will not infringe on the rights of any third party. Any such entrant will indemnify and hold harmless Released Parties (defined below) from any claims to the contrary. Any entrant whose Content includes the names of third parties or contains elements not owned by the entrant (such as, but not limited to, references to trademarks, names, quotes, etc.) must be able to provide legal releases for such use including Sponsor’s use of such Content, in a form satisfactory to administrator, upon request, prior to award of prize and/or naming of entrant as a Finalist (as defined below). By submitting Content, you agree that your Content is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to use or otherwise disclose the ideas contained in the Content on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Content, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you.
BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY AND CONTENT MAY BE POSTED ON SPONSOR’S WEBSITE OR ELSEWHERE ON THE INTERNET AS AUTHORIZED BY SPONSOR, IN SPONSOR’S DISCRETION.
Submission of Content grants Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish, use, publicly perform the Content in any way, in any and all media, without limitation, and without consideration to the entrant. The winning Submission may also be published on Xenith.com or Sponsor’s social media accounts. All Content submitted by you must conform to the additional submission requirements set forth herein:
Content must comply with these Official Rules and any Terms of Service on the Website (if any);
Content uploaded through the Website must be in digital format and must comply with the posting requirements set forth above and as posted on the Website;
Content 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;
Content cannot promote alcohol, illegal drugs, tobacco, 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;
Content cannot be obscene or offensive, endorse any form of hate or hate group;
Content cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies;
Content 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;
Content 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; Sponsor does not permit the infringement of others’ rights and any use of materials not original to the entrant (except copyrighted materials owned by Sponsor) is grounds for disqualification from the Contest. Do not copy your favorite movie, book or photo or 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 Content and grant the rights herein granted to Sponsor;
No background artwork should appear in a Content unless it is an original work of the entrant. Any artwork, murals, etc. that can be seen in Content must be created solely by the entrant or entrant must be the sole owner of all copyright interests therein;
Content cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
Content cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
Content cannot depict, and cannot itself, be in violation of any law.
Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right to waive the Contest submission requirements set forth herein in its reasonable discretion Sponsor reserves the right, in its reasonable discretion, during or upon completion of the Contest Period, to request that any entrant resubmit his or her Content which fails to comply with the Contest entry requirements prior to any judging.
5. CONTEST PRIZE WINNER SELECITON: There will be two (2) rounds of judging for the Xenith Prep Kickoff Classic Scholarship Contest (finalist/first round judging and grand prize/second round judging) as follows.
FINALIST SELECTION: At the conclusion of the Contest Entry Period, the Judges will review all eligible entries based on the following judging criteria (collectively, “Judging Criteria”):
Clear answers to question prompts (25%)
Quality of the Content (25%)
Connection with key themes communicated during the 2020 XPKC Community Summit (25%)
The ten (10) entrant’s whose essays/Content receive the highest score essays will be finalists, subject to verification (“Finalist(s)”).
FINALISTS WILL NOT RECEIVE ANY PRIZE FOR BEING SELECTED AS A FINALIST.
In the event of a tie between two or more essays, the Winner will be determined by the highest average score in the first Judging Criteria (clear answers to question prompts) and continuing thereafter to break the tie.
GRAND PRIZE WINNER SELECTION: On or around March 31, 2021 the Judges will judge the Finalists’ entries/Content based on the Judging Criteria. The Finalist whose essay/Content receives the highest score will be the grand prize winner, subject to verification (the “Prize Winner” or “Winner”). In the event of a tie between two or more Finalist’s essays, the Winner will be determined by the highest average score in the first Judging Criteria (Clear answers to question prompts) and continuing thereafter to break the tie. All decisions by Judges and Sponsor concerning all matters related to this Contest are final.
6. WINNER NOTIFICATION: The Prize Winner will be notified on or around April 5, 2021 by their provided email address and/or telephone number. Potential winners are subject to verification, including verification of age and verification of future attendance at a post-secondary educational program or institution. If a potential winner is found not to be eligible or not in compliance with these Official Rules, if attempted notification or any prize is returned as undeliverable, if any required documents are not returned within the required number of days, if a winner cannot be verified, or if a winner is otherwise unable or unwilling to accept and claim the prize as stated, if winner cannot verify enrollment at an eligible US school, then winner may be disqualified and the prize may be forfeited in Sponsor’s sole discretion. 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 may be required to complete, sign and return an . Prizes won by an eligible entrant who is a minor in his/her state of residence will require parent or legal guardian to sign and return all required documents. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants.
7. PRIZE: One (1) winner will receive a one-thousand dollar ($1,000.00) cash prize (the “Prize”). Sponsor desires the winner to use the Prize towards any educational expenses at their future post-secondary educational program or institution (including universities, community colleges or vocational schools) that is intended to grant a degree or diploma. . The Approximate Retail Value (“ARV”) of the Prize is $1,000.00. No cash alternative or prize substitutions for any prize will be allowed, except in Sponsor’s sole discretion. Prize is not transferable. If a prize cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. Taxes (INCLUDING ANY INCOME TAXES) are the sole responsibility of the winner, regardless of whether prize is used in whole or in part. Winner will be issued an IRS 1099 form for the retail value of the prize. All Prize details are at Sponsor’s sole and absolute discretion.
8. LIMITATION OF LIABILITY RELEASE: No liability or responsibility is assumed by Sponsor from the user’s participation or attempt to participate in the Contest. Sponsor is not responsible for any errors in these Official Rules, the Contest materials, or the announcement of Winners. As a condition of participation in the Contest, entrant (or their parent or legal guardian if an eligible minor) agree (and agree to confirm in writing) to abide by, and be bound by, these Official Rules and; (a) to release Sponsor, each of its affiliates, subsidiaries, agents, and each of their officers, directors, employees, and agents (“Released Parties”) from any and all liability, loss or damage incurred with respect to participation in this Contest and/or the awarding, receipt, possession, and/or use or misuse of the prize; (b) that under no circumstances will entrant be permitted to obtain awards for, and participation hereby waives all rights to claim, punitive, incidental, consequential, or any other damages other than action out-of-pocket expenses; (c) that all causes of action arising out of, or connected with this Contest, or any Prize awarded shall be resolved without resort to any form of class action; (d) BY ACCEPTING A PRIZE, A PRIZE WINNER ACCEPTS ANY AND ALL RISKS, INCLUDING THE RISK OF PERSONAL INJURY AND/OR DEATH, AND AGREES THAT SPONSOR, AND/OR RELEASED PARTIES SHALL NOT, IN ANY WAY, BE RESPONSIBLE FOR ANY RESULTING INJURY AND OR DEATH; (e) that by entering the Contest, the Sponsor has the sole right to decide all matters relating to the Contest, including fact, interpretation, eligibility, procedure, fulfillment and disputes from the Contest.
9. SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
10. PUBLICITY: Except where prohibited by law, each winner grants (and agrees to confirm this grant in writing, if requested) permission for Sponsor and those acting under its authority to use his/her name, photograph, and/or likeness, for advertising and/or publicity purposes in any and all media now know or hereinafter invented without territorial or time limitations and without compensation. By entering the Contest, the entrant grants the Sponsor permission to copy, reproduce, and use the essay submission and Content in all promotional and publishing aspects. Providing Content grants Sponsor and its agents the right to publish, use, adapt, edit and/or modify such Content in any way, in any and all media, without limitation, and without consideration to the entrant. By accepting a prize, the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Content, 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 Sponsor, all moral rights or any similar rights or principles of law that winner may now or later have to their Content. Sponsor reserves the right to alter, change or modify the winning Content, in its sole discretion. Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Content and of the copyrights transferred and moral rights waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.
11. GENERAL CONDITIONS: No facsimiles or mechanical reproduction of entries allowed. Submission becomes the property of Sponsor and will not be returned. 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 an technical or human error which may occur in the processing of the entries, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the administration of the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the prizes or in any Contest-related materials. Entries mechanically reproduced or made in any fashion other than as specified herein are void. 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. 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 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.
WARNING: 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.
12. 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 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 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 8 (B)-(D), SO SUCH LANGUAGE MAY NOT APPLY TO EVERY ENTRANT.
13. GOVERNING LAW AND JURSIDICTION: 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 12 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.
15. WINNERS LIST: For a list of the winner, mail a self-addressed, stamped envelope to: Xenith Prep Kickoff Classic Scholarship, Xenith., 4333 W. Fort Street, Detroit, MI 48209. Request must be received by May 1, 2021.