Giveaway Rules

BROTHERHQ JULY 2020 GIVEAWAY

OFFICIAL RULES

NO PURCHASE OR PAYMENT NECESSARY FOR A CHANCE TO ENTER OR WIN. A

PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Eligibility: The “BrotherHQ July 2020” Giveaway (the “Giveaway”) is open only to legal

residents of the fifty (50) United States (including the District of Columbia) who are at least

eighteen (18) years old. Employees of Whistle Sports, Inc., and its parents and subsidiaries,

and each of its respective contractors, and suppliers, as well as the immediate family (spouse,

parents, siblings and children) and household members of each such employee are not eligible.

The Giveaway is subject to all applicable federal, state and local laws and regulations and is

void where prohibited by law prohibited. Participation constitutes participant’s full and

unconditional agreement to these Official Rules and Sponsor’s decisions and interpretations of

these Official Rules, which are final and binding in all matters related to the Giveaway. Winning

a prize is contingent upon fulfilling all requirements set forth herein.

2. Sponsor: Whistle Sports, Inc. (“Sponsor”).

3. Timing: The Giveaway begins at 12:00 P.M. PST on July 20, 2020 and ends at 8:59 P.M.

PST on July 26, 2020 (the “Giveaway Period”). Sponsor’s computer is the official time-keeping

device for the Giveaway.

4. How to Enter: You may enter the Giveaway during the Giveaway Period through the

following steps: (a) make a comment to the call-to-action Twitter post announcing the Giveaway

and tag three (3) friends and (b) follow both @WhistleSports and @BrotherHQ on Twitter (the

“Entry”).

Limit one (1) Entry per Twitter account and per person during the Giveaway Period.

Photoshopped and computer-generated entries are prohibited and will be disqualified.

You may only enter the Giveaway via Twitter. Entrants must have a valid non-private Twitter

account in order to participate in the Giveaway. Entrants can create an account on Twitter

for free by registering with www.twitter.com. Entrants must not use more than one (1) Twitter

account to enter the Giveaway. If an entrant is suspected of using multiple Twitter accounts to

enter, any entries received by such means will be void. Data rates may apply if entrant enters

the Giveaway via a mobile device. Entrants are solely responsible for any data charges that

may be incurred when entering via a mobile device. Check with your wireless carrier for

applicable data rates.

All fully completed Entries submitted in compliance with these Official Rules and not disqualified

are considered eligible Entries (“Eligible Entries”). Incomplete and/or inaccurate Entries are

void. Receipt of Entries will not be acknowledged by Sponsor.

Submission Guidelines (“Submission Guidelines”): All contents of entrants’ Entries must be

completely original to entrant. Entrants’ Twitter posts must not include or depict any of the

following: minors, obscenity, inappropriate language, nudity, explicit sexual activity, illegal drug

or alcohol use, violence, material that is hateful, tortuous, defamatory, disparaging, slanderous,

libelous, or otherwise unlawful, material that promotes bigotry, racism, hatred or harm against

any group or individual, or promotes discrimination based on race, ethnicity, sex, religion,

nationality, disability, sexual orientation or age, personal identifiable information (other than the

image of entrant), including but not limited to, license plates, phone numbers, personal

addresses, and any other content, including but not limited to, text, images, graphics,

photographs, captions and descriptions, that could be considered inappropriate or offensive, as

determined by Sponsor in its sole discretion.

Entries may not contain (unless entrant has obtained a release specific for uses specified

herein) the image or likeness of anyone other than the entrant, third party commercial products,

not contain any material that violates or infringes another’s rights, including but not limited to,

rights of privacy or publicity or any other intellectual property rights.

By entering the Giveaway, entrant represents and warrants that: (a) it has all rights to the

contents of the Twitter post and all components thereof, and that entrant has obtained all rights,

consents, and permissions, including, but not limited to, those of any persons that may have

participated in the Twitter post necessary to grant the rights granted herein; (b) that the Twitter

post, in whole or in part, has not been released commercially; (c) the Twitter post does not and

will not violate any law, statute, ordinance or regulation; (d) the Twitter post is free and clear of

any and all liens or claims with respect to the use of the Twitter post in the manner authorized

herein, and will not give rise to any claims of infringement, invasion of privacy or publicity, or

infringe on any rights or interests of any third party, or give rise to any claims for any payment

whatsoever; and (e) the Twitter post is not and will not be defamatory, libelous, pornographic or

obscene.

In the event of a dispute as to the ownership of any Entry, the authorized account holder of the

Twitter account used to enter will be deemed to be the entrant. The “authorized account holder”

is the natural person assigned the account by Twitter. Potential winners may be required to

show proof of being the authorized account holder.

5. CONTENT RELEASE: By entering the Giveaway, entrant grants Sponsor, its agents and

licensees the (a) right, but not the obligation, to edit, adapt, reformat, rearrange, modify,

combine with other material, add to and/or customize entrant’s Entry(s); and (b) non-exclusive,

irrevocable, royalty free, right and license to exhibit, display, broadcast, copy, reproduce,

encode, compress, encrypt, incorporate data into, broadcast, rebroadcast, transmit, record,

publicly perform, create derivatives works of, distribute and synchronize in timed relation to

visual elements, and or otherwise exploit, entrant’s Entry(s), and/or any portions or excerpts

thereof, in any manner, including advertising, promoting and publicizing Sponsor and/or its

licensees, an unlimited number of times, in any and all media, now known or hereafter devised,

including, without limitation, on any social media platform, in perpetuity, throughout the world,

without any additional notice, liability, obligation or additional payment of any kind to entrant or

any third party.

6. Winner Selection/Notification: One (1) potential grand prize winner will be selected from all

Eligible Entries received, on or about July 27, 2020, via random drawing by Sponsor.

Sponsor will notify the potential winner by direct message from either @brotherhq and/or

@whistlesports account on Twitter to the potential winner’s Twitter direct message inbox (direct

message will be sent to the inbox of the account used to submit the winning Entry) indicating

that the Entry has been selected as a potential winner (the “Winner Notification”). Please check

your Twitter direct message inbox.

Potential winner must respond to the Winner Notification within two (2) business days by

providing the potential winner’s email address, allowing Sponsor to communicate privately with

the potential winner. If the potential winner fails to respond within the two (2) business day

period or if the notification is returned as undeliverable, or fails to reach the potential winner for

any reason, or if the potential winner fails to respond for any reason to the notification as

directed, the potential winner will be disqualified. You will not receive a prize, unless and until

your eligibility has been verified and you have been notified that verification is complete. Prior to

being confirmed as the winner, the potential winner may be required to complete, sign and return

an affidavit of eligibility and liability release, and W-9 according to the method and timeframe

specified by Sponsor. The prize will be forfeited if documents are not returned signed and

complete within the timeframe required, or the winner is found to be ineligible or otherwise not in

compliance with these Official Rules.

If a potential winner cannot be contacted or fails to otherwise comply with these Official Rules,

potential winner forfeits the prize. In the event that a potential winner is disqualified for any

reason, Sponsor will award the applicable prize to an alternate winner by random drawing from

among all remaining Eligible Entries. Sponsor will select up to three (3) alternate potential

winners via random drawing held by Sponsor, who will be subject to disqualification in the same

manner. Odds of winning a prize depend on the number of Eligible Entries received during the

Sweepstakes Period.

The Giveaway grand prize winner will be announced via an in-feed post on @BrotherHQ’s

Twitter page on or about Wednesday, July 29, 2020.

7. Prize/Prize Restrictions: The following prize will be made available as part of the Giveaway:

ONE (1) GRAND PRIZE: One (1) Giveaway grand prize winners will receive one (1) Echo Dot.

Approximate retail value (“ARV”) of prize: $39.99.

All costs and expenses associated with the acceptance and use of the prize not specified herein

as being awarded, including, but not limited to, all federal, state and local taxes and other

miscellaneous expenses are the winner’s sole responsibility. Prize is awarded “as is” with no

warranty or guarantee, either express or implied (including, without limitation, quality,

merchantability and fitness for a particular purpose) in connection with this Giveaway or any

prize. Prize color, size(s) and specifications to be determined by Sponsor in its sole discretion.

No transfer, assignment or substitution of prize by winner. Sponsor reserves the right to

substitute a prize with one of equal or greater value if the designated prize should become

unavailable. Under no circumstances will more than the advertised number of prizes be

awarded. In the event that a potential winner of a Giveaway prize is disqualified for any reason,

Sponsor will not be obligated to award a prize. POTENTIAL WINNER IS SUBJECT TO

VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL

MATTERS RELATED TO THE GIVEAWAY. A PARTICIPANT IS NOT A WINNER OF ANY

PRIZE UNLESS AND UNTIL PARTICIPANT’S ELIGIBILITY HAS BEEN VERIFIED AND

PARTICIPANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.

8. Publicity: Except where prohibited, participation in the Giveaway constitutes winner’s

consent to Sponsor’s and its agents’ and licensees’ perpetual use of winner’s name, likeness,

Entry, social media handle(s), photograph, voice, opinions and/or hometown and state for

promotional purposes in any media now known or hereafter devised, worldwide, without further

payment or consideration.

9. Limitation of Liability: No liability or responsibility is assumed by Sponsor and its affiliates,

subsidiaries, participating advertising and promotion agencies and prize suppliers, including,

without limitation, Nintendo, (collectively, the “Giveaway Parties”) resulting from entrant's

participation in, or attempt to participate in, the Giveaway. Sponsor is not responsible for any

typographical errors in the announcement of prizes or these Official Rules. By participating in

the Giveaway, the entrant releases Giveaway Parties, Woobox and Twitter, LLC. from any and

all claims, damages or liabilities including, but not limited to, personal injury, death, or damage

to or loss of property, arising out of entrant’s participation in the Giveaway or receipt or use or

misuse of any prize. By accepting a prize, recipient agrees that Giveaway Parties and Twitter,

LLC and all of their respective officers, directors, employees, representatives and agents will

have no liability whatsoever for, and shall be held harmless by winner against, any liability for

injuries, including death, losses or damages of any kind to persons or property resulting in

whole or in part, directly or indirectly, from participation in the Giveaway; from acceptance,

possession, misuse or use of a prize or offer; from participation in any prize-related activity or

any travel related thereto which may be sustained in connection with the receipt, ownership or

use of the prize or offer.

10. Publicity: Except where prohibited by law, participation in the Giveaway constitutes each

winner’s consent to Sponsor’s and its agents’ and licensees’ use of winner’s personal name,

Entries, Twitter user name, likeness, photograph, voice, opinions and/or hometown and state or

province for promotional purposes in any media, worldwide, without further notice, approval,

payment or consideration.

11. General Conditions: This Giveaway is in no way sponsored, endorsed or administered by

or associated with Twitter. Unclaimed prizes may not be awarded. Giveaway Parties are not

responsible for illegible, lost, late, damaged, incomplete, misdirected, unintelligible, returned or

undelivered Entries, unavailability and/or transmission errors of Twitter, telephone calls, text

messages or emails or for lost, interrupted or unavailable satellite, network, server, Internet

Service Provider (ISP), or other connections availability, accessibility or traffic congestion,

miscommunications, failed computer, network, telephone, satellite or cable hardware or

software or lines, or technical failure, or jumbled, scrambled, delayed or misdirected

transmissions, computer hardware or software malfunctions, failures or difficulties, or other

errors of any kind whether human, mechanical, electronic or network. Persons who tamper with

or abuse any aspect of this Giveaway, or act in violation of the Official Rules, or act in any

manner to threaten or abuse or harass any person, or violate Twitter’s terms of service, as

solely determined by the Sponsor, may be disqualified. Giveaway Parties are not responsible for

any incorrect or inaccurate information whether caused by tampering, hacking, or by any of the

programming or equipment associated with or used in this Giveaway, and assumes no

responsibility for any errors, omission, deletion, interruption or delay in operation or transmission

or communication line failure, theft or destruction or unauthorized access. Any use of robotic,

macro, automatic, programmed or like methods of entry will void all such entries, and may

subject that entrant to disqualification. Giveaway Parties are not responsible for injury or

damage to entrant's or any other person’s computer or property related to or resulting from

participating in this Giveaway. Should any portion of the Giveaway be, in the Sponsor’s sole

opinion, compromised by virus, worms, bugs, unauthorized human intervention or other causes

which, in the sole opinion of the Sponsor, corrupt or impair administration, security, fairness or

proper entry of this Giveaway, or submission of entries, Sponsor reserves the right, at its sole

discretion, to suspend, modify or terminate the Giveaway, and select the winner by applying the

Judging Criteria to all Eligible Entries received prior to such action taken, or otherwise as may

be deemed fair and equitable by the Sponsor. Should Sponsor terminate Giveaway, notice will

be posted on @Whistlesports and/0r @brotherhw, and any Sponsor Twitter channel(s) as of

date of termination. Sponsor further reserves the right to disqualify any individual who tampers

with the entry process.

12. BINDING ARBITRATION: EXCEPT WHERE PROHIBITED BY LAW, ENTRANT AGREES

THAT: (I) ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO

THE GIVEAWAY, OR ANY PRIZE AWARDED, SHALL BE RESOLVED INDIVIDUALLY --

WITHOUT RESORT TO ANY FORM OF CLASS ACTION -- BY BINDING ARBITRATION (BY

A SINGLE NEUTRAL ARBITRATOR SELECTED BY SPONSOR IN ITS SOLE AND

ABSOLUTE DISCRETION) ADMINISTERED BY THE AMERICAN ARBITRATION

ASSOCIATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES AND

THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE

“AAA RULES”) THEN IN EFFECT; (III) ANY ARBITRATION SHALL BE HEARD IN NEW

YORK CITY, NEW YORK BY ONE ARBITRATOR TO BE SELECTED IN ACCORDANCE

WITH THE AAA RULES; (IV) UNLESS BOTH ENTRANT AND SPONSOR AGREE IN

WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S

CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS OR

REPRESENTATIVE PROCEEDING; (V) JUDGMENT UPON ANY AWARD RENDERED MAY

BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF; (VI) ANY AND ALL

CLAIMS, JUDGMENTS AND AWARDS SHALL BE SUBJECT TO ALL LIMITATIONS AND

RELEASES SET FORTH IN THESE OFFICIAL RULES AND LIMITED TO ACTUAL OUT-OFPOCKET

DAMAGES, BUT IN NO EVENT SHALL SUCH CLAIMS, JUDGMENTS OR

AWARDS INCLUDE ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL

DAMAGES, ATTORNEYS' FEES OR COSTS OF BRINGING A CLAIM, ANY INJUNCTIVE OR

OTHER EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION

OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO

THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

13. Governing Law: All federal, state and local laws and regulations apply. All issues and

questions concerning the construction, validity, interpretation and enforceability of these Official

Rules, or the rights and obligations of entrants and Giveaway Parties in connection with the

Giveaway, shall be governed by, and construed in accordance with New York law without giving

effect to any choice of law or conflict of laws.

14. 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.

15. Use of Data: Sponsor will be collecting personal data about entrants online, in accordance

with its privacy policy. Please review Sponsor’s privacy policy at

http://whistlesports.com/policies/WhistleSportsPrivacyPolicy.pdf. By participating in the

Giveaway, entrants hereby agree to Sponsor’s collection and usage of their personal

information in accordance with Sponsor’s privacy policy and acknowledge that they have read

and accepted Sponsor’s privacy policy.

16. Winners List: For a list of winners, send a separate self-addressed, stamped envelope to:

Whistle Sports, Inc. ATTN: Legal Dept/“BrotherHQ Giveaway”, 79 Madison Avenue, 8th Floor,

New York, NY USA 10016. All requests must be received by July 30, 2020.