Updated July 3, 2023
NO PURCHASE IS NECESSARY TO ENTER OR WIN. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
These terms and conditions constitute a legally binding agreement (the “Agreement”) between the HOF Village Newco, LLC and its subsidiaries (collectively “HOFV”, “we”, “us”, or “our”) and you (also referred to herein as “you,” “your,” “user,” or “entrant”), governing the social media contest. By participating in this promotion, entrants agree to be bound by the Official Rules and our decisions which are final and binding. Winning a prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements.
The Summer 2023 Social Media Contest (“Contest”) is open to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees of HOFV, its subsidiaries and affiliates and their immediate family members and/or those residing in the same household of each, are not eligible to participate.2. DisputesPLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND HOFV CAN BE BROUGHT (SEE SECTION 11 BELOW). THESE PROVISIONS WILL REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST HOFV OR HOFV PARTIES TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING.
3. How to EnterFollow HOFV on Facebook, Twitter, Instagram, and/or TikTok, visit the social media platforms, and follow the applicable directions provided in the Contest post to enter to win.
4. Contest LimitsLimit of one entry per social media platform for the duration of the Contest. The winners will be selected at random from all eligible entries received and will be notified through the applicable social media platform.
5. Prizes and Approximate Retail ValuePrize pack details and retail value will be listed on each individual weekly giveaway. Odds of winning is dependent upon the total number of eligible entries received. Prizes are limited to one (1) per household per calendar year.
6. Winner SelectionWinners will be selected within 24 hours after the close of the weekly event from all eligible entries received during the Contest for the particular week.
7. Winner NotificationThe winners will be notified as set forth above. Winners will have 48 hours to claim their prize or a new winner will be selected. If the winner fails to make contact within the required time period or the prize is returned as undeliverable, the potential winner forfeits the prize. If the potential winner is at least 18 but is still considered a minor in their jurisdiction, we reserve the right to award the prize in the name of their parent or legal guardian, who will be required to accept the prize on the potential winner’s behalf and fulfill any other requirements imposed on the winner.
8. Release and Limitation of LiabilityBy participating in the Contest, entrants agree to release and hold us harmless, including HOFV’s respective parent, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Contest, and each of their respective officers, directors, employees, shareholders, representative, and agents (“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, line, 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, the incorrect downloading of the application, processing of the entries 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. 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.
This Agreement and all matters related to it shall be governed by, construed, and enforced in accordance with the laws of the State of Ohio, as they are applied to agreements entered and to be performed entirely within Ohio and without regard to conflict of law principles, except to the extent that law is inconsistent with or preempted by federal law. Acceptance of the prize shall be construed as the winner’s agreement and consent that we may use the winner’s name, voice, likeness and/or prize information without limitation, for promotional purposes without further consideration, review, approval or payment, where permitted by law.
11. Dispute Resolution, Arbitration Agreement and Class Action Waiver(a) Agreement to Binding Arbitration Between You and HOFV
YOU AGREE TO WAIVE YOUR RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act (“FAA”) and survives after the Agreement terminates or your relationship with HOFV ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and HOFV or the HOFV Parties, including their affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders.
ALL DISPUTES YOU MAY HAVE WITH, AND CLAIMS AGAINST ANY HOFV PARTY (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND HOFV PARTIES. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to the HOFV-PASS or corresponding benefits, this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), payments made by you or any payments made or allegedly owed to you, any promotions or offers made by any HOFV Party, any city, county, state or federal trade secrets, unfair competition, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability, or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.
(b) Prohibition of Class Actions and Non-Individualized Relief
YOU UNDERSTAND AND AGREE THAT YOU MAY BRING CLAIMS IN ARBITRATION AGAINST AN HOFV PARTY ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION 12(B) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST AN HOFV PARTY, WHICH ARE ADDRESSED SEPARATELY IN OTHER SECTIONS.
The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims.
(c) Rules Governing Arbitration
Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth in this Agreement. Copies of these rules can be obtained at the AAA’s website (www.adr.org) (the “AAA Rules”) or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding. The parties may select a different arbitration administrator upon mutual written agreement.
As part of the arbitration, both you and the applicable HOFV Parties will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims.
The case shall be heard by one arbitrator, who shall be an executive with a company in the entertainment event production industry and will be conducted in English. The arbitrator will decide the substance of all claims in accordance with applicable law and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Users but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
(d) Arbitration Fees and Awards
The payment of filing and arbitration fees will be governed by the relevant AAA Rules subject to the following modification: The arbitrator in his award shall allocate all arbitration fees in his sole discretion and shall have the power to charge reasonable attorney fees of the successful party to the losing party.
(e) Location and Manner of Arbitration
Unless you and HOFV agree otherwise, any arbitration hearings between HOFV and a user will take place in the State of Ohio in the county of Stark and shall take place in English. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for AAA arbitration. Your right to a hearing will be determined by the AAA Rules.
(f) Severability of Arbitration Agreement provisions
In addition to the severability provisions in subsections (b) and (c) above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed, and the remainder of the Arbitration Agreement shall be given full force and effect.
(g) Optional Pre-Arbitration Negotiation Process
Before initiating any arbitration or proceeding, you and the applicable HOFV Parties may agree to first attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days, unless this time period is mutually extended by you and the applicable HOFV Parties. If you intend to seek negotiation under this subsection must first send to the applicable HOFV Parties a written notice of the dispute (“Notice”) to HOFV at 2014 Champions Gateway, Canton, OH 44708. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by HOFV or the HOFV Parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties.
12. TaxesWinners are responsible for all applicable taxes and other expenses including any income taxes, sales or use taxes, value added taxes, good and services taxes or equivalent tax wherever such tax obligations may arise.
13. Contact UsIf you have any questions or concerns, including if you need to access this Agreement in an alternative format, please contact us via e-mail at firstname.lastname@example.org.