METRO BY T-MOBILE "#METROFREAK" SWEEPSTAKES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE CHANCES OF WINNING.
THIS SWEEPSTAKES 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. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. General. The Metro by T-Mobile #MetroFreak Sweepstakes (the "Sweepstakes") is sponsored by T-Mobile USA, Inc., doing business as Metro by T-Mobile Business Unit, 2250 Lakeside Blvd., Richardson, Texas 75082 ("Sponsor"). The Sweepstakes is subject to these Official Rules and to all applicable federal, state and local laws. The odds of winning depend on the number of eligible entries received. The Sweepstakes is in no way sponsored, endorsed, or administered by Instagram.
2. Eligibility. This Sweepstakes is open to legal residents of the United States who are the age of majority or older in their state of residence and who have access to a web-enabled mobile device prior to the start of the first Weekly Entry Period (defined below) and who have a non-private Instagram account. If you do not have an Instagram account, go to www.instagram.com or download the free Instagram mobile app and follow the instructions to create an Instagram account. Creating an Instagram account is free, but you must agree to the Instagram Terms of Service, including privacy and data gathering practices, in order to create an Instagram account and use the Instagram service. Employees of Sponsor, its affiliates, parent company, subsidiaries, prize providers, talent appearing in any Challenge Videos (defined below), and advertising and promotion agencies of any of the foregoing (the “Sweepstakes Entities”), together with the immediate families (spouses, parents, siblings, and children) and those persons living in the same household as such employees (whether or not related), are not eligible to enter or win). In addition, because the prize involves competing in a basketball competition at a time and place determined by Sponsor in its sole discretion, entrants must meet all of the following criteria (the “Eligibility Criteria”):
- You must be physically able to participate in a basketball game, including with the use of a basketball wheelchair.
- Current and former professional basketball players are not eligible to participate. “Professional basketball player” includes anyone who has played in a professional or semi-professional basketball league, including, without limitation, the National Basketball Association, the NBA G League, the Continental Basketball Association, the Women’s National Basketball Association, the United States Basketball League, the American Professional Basketball League, or any other similar league, whether in the United States or elsewhere.
- You (and any guest you intend to bring) must be available for travel between May 30, 2019 and June 16, 2019, with the specific dates determined by Sponsor in its sole discretion.
- If you are the Tournament (defined below) winner you (and any guest you intend to bring) must be available for travel at a time on dates during the 2019 NBA off-season as determined by Sponsor in its sole discretion.
If you do not meet all of the Eligibility Criteria, please do not enter. Entries from entrants who do not meet the Eligibility Criteria will be disqualified.
3. Entry Period. The Sweepstakes has five weekly entry periods (each, a “Weekly Entry Period”). Each Weekly Entry Period begins at the time on each of April 15, 2019, April 22, 2019, April 29, 2019, May 6, 2019, and May 13, 2019 that an Influencer posts a Challenge Video (defined below) and ends at 11:59 p.m. Eastern Time on the following Sunday. The Weekly Entry Periods are collectively the “Entry Period.” The Entry Period ends at 11:59 p.m. Eastern Time on May 16, 2019. The Sponsor’s (or Sponsor’s designated representative’s) clock is the official clock for this Sweepstakes.
4. How to Enter. You must have a non-private Instagram account and follow at least one of these influencers (each, an “Influencer”) on Instagram: Kris London, @iamkrislondon; Jesse Riedel, @jesserthelaazer; Tristan Jass, @tristanj22; and Cassius Clay, @cashnasty, in order to enter the Sweepstakes. At the start of each Weekly Entry Period, each Influencer will post an Instagram video (the “Challenge Video”) in which the Influencer first makes a tricky or difficult basketball shot (the “Sizzle Shot”) and then makes a more basic basketball shot (the “Challenge Shot”). You may enter during each Weekly Entry Period by posting a video of yourself on your own Instagram account showing you successfully make the same shot as the Challenge Shot with the hashtag #MetroFreak. Your entry video is a “Submission.” Limit one entry per person per Influencer per Weekly Entry Period, regardless of method of entry, for a total of up to four entries per Weekly Entry Period and twenty entries for the entire Entry Period. If you post more than one entry video in the same Weekly Entry Period, you still will only receive one entry for that Weekly Entry Period. Your Submission must follow the Challenge Shot exactly and in no way replicate the Sizzle Shot. Without limiting the foregoing, your feet must remain on the ground at all times while in the act of shooting. Any deviation from the Challenge Shot in your Submission will result in that Submission, as well as any other Submissions by you, being ineligible. Your Submission must also comply with all Submission guidelines set out in Section 7 of these Official Rules.
In the event of a dispute over the identity of an entrant, the authorized account holder of the email address or Facebook account used to set up the Instagram account will be deemed to be the entrant. The authorized account holder of an email address shall mean the natural person assigned to such account by the Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with such account. The authorized account holder of a Facebook account is the natural person reflected in Facebook’s records as registering the account. The potential winner may be required to provide identification sufficient to show that he/she was the authorized account holder of such email address or Facebook account.
All entries become the property of Sponsor and will not be returned to entrant. Automated and/or repetitive electronic submission of entries (including but not limited to entries made using any script, macro, bot or Sweepstakes service) will be disqualified and transmissions from these or related email or IP addresses may be blocked. By entering, you give Sponsor permission to publish your Submission, including your name and/or Instagram user name.
5. Prizes. There are four finalists prizes, each consisting of the opportunity to compete in the Metro FREAK basketball tournament described in more detail below (the “Tournament”) to be held during the NBA Finals, and win the grand prize. Each finalist prize includes: round trip coach airfare for two from a major commercial airport near the winner’s city of residence, as determined by Sponsor in its sole discretion, to the destination city, which will be one of the two cities where the NBA Finals are being played; two nights hotel accommodation for the winner and the winner’s guest, single room/double occupancy, in the destination city, with the hotel determined by Sponsor in its sole discretion; ground transportation from the destination airport to the hotel and back, as well as ground transportation from the hotel to the Tournament venue; a $300 stipend for meals and entertainment; and two tickets to one of the NBA finals games taking place during the Tournament. Approximate retail value (“ARV”) of each finalist prize is $6,600.
There is one grand prize for the Tournament winner, consisting of a trip for two persons to the next filming of a Metro by T-Mobile commercial with Giannis Antetokounmpo (“Giannis”), at a location and time (which will be during the NBA offseason in 2019) to be determined by Sponsor in its sole discretion, including: round trip coach airfare for two from a major commercial airport near the winner’s city of residence, as determined by Sponsor in its sole discretion, to the destination city where the filming will take place; one nights hotel accommodation for the winner and the winner’s guest, single room/double occupancy, in the destination city, with the hotel determined by Sponsor in its sole discretion; ground transportation from the destination airport to the hotel and back, as well as ground transportation from the hotel to the production venue; a $150 stipend for meals and entertainment; and a meet and greet with Giannis (subject to availability) The ARV of the grand prize is $4,250.
Actual value of finalist prize depends upon point of departure, destination city, and any airfare, hotel, and game ticket price fluctuations. Actual value of grand prize depends upon point of departure and any airfare and hotel rate fluctuations. Any difference between the ARV and the actual value of any prize will not be awarded. All federal, state, municipal and local taxes, and all other expenses associated with receipt or use of a prize are the sole responsibility of winner. Sponsor will file an IRS Form 1099 for the value of the prize, and winner will be required to furnish his or her social security number and complete and return an IRS W-9 form for purposes of same. Please note that there is no additional cash award associated with the prize.
Winner and guest must travel together on the same itinerary on the dates and times determined by Sponsor in its sole discretion. All travel, including airline flights and hotels, is subject to availability, holiday and blackout dates, and all other prize and travel restrictions. Travel and hotel arrangements will be as determined by Sponsor in its sole discretion. All prize elements must be booked and redeemed at the same time, and no changes shall be permitted after confirmation. Once determined, no change, extension or substitution of dates for the trip is permitted, except by Sponsor in its sole discretion.
Except as indicated above, no other travel elements (including, without limitation, travel to and from the airport near winner’s residence, airport or airline taxes, baggage fees, in-room hotel charges, charges for hotel amenities, insurance, gasoline, meals, gratuities, additional ground transportation, parking, souvenirs, etc.) are included as part of the prize. Sponsor shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of the prize, and is not responsible or liable for any expenses incurred as a consequence thereof. Winner and guest specifically release Sponsor from any and all claims for loss or damage to baggage or property, or from personal injuries or death, or from loss or delay, arising out of the acts, omissions, or negligence of any independent contractors, such as air carriers, hotels, restaurateurs, basketball facilities, transportation providers, medical personnel or other providers of services or facilities. In the event that any scheduled activity does not or cannot take place during winner's trip as scheduled or at all, for reasons including but not limited to scheduling conflicts, cancellations, postponement, inclement weather, unavailability of Giannis, an event of force majeure, or for any other reason, then the remaining components, if any, of the prize shall constitute full satisfaction of Sponsor's prize obligation to the winner, and no other or additional compensation will be awarded.
6. Winner Selection and Notification.
(a) Finalist Prize Winner Selection: Sponsor or Sponsor’s representative will randomly select a total of sixteen entrants, four per Influencer, from all eligible entries received during the entire Entry Period. Each Influencer will then select one finalist prize winner based on which Submission the Influencer likes the best. Winner selection will take place on or about May 17, 2019. Limit one finalist prize per household. Odds of winning depend on the number of eligible entries received and the Influencer’s discretion.
Each finalist prize winner will be notified by Sponsor replying to the winner’s Submission directing the winner to contact Sponsor for winner verification. The potential finalist prize winner will have twenty-four hours after the first notification attempt to respond as specified in the notification. If a potential finalist prize winner does not respond within twenty-four hours of the first notification attempt, an alternate potential winner will be selected from the remaining eligible entries. Sponsor is not responsible for any change of contact information for entrants.
Potential finalist winners are subject to verification, including verification of age and compliance with the Eligibility Criteria, and will be required to complete and return an affidavit of eligibility, a liability release and (where legal) a publicity release, which must be returned within the time period specified with such materials or Sponsor, in its sole discretion, may select an alternate potential finalist prize winner. If a potential finalist prize winner is found to be ineligible, or if he/she cannot or does not comply with these Official Rules, that winner may be disqualified and an alternate winner may be selected from the remaining eligible entries, time permitting.
Please note that no entrant is a winner of a finalist prize unless and until such entrant’s eligibility has been verified and Sponsor has confirmed such verification to the winner, even if that entrant’s name has been publicly posted as a winner prior to completion of the verification process.
(b) Grand Prize Winner Selection: Each finalist and the Influencer who selected the finalist will compete as a team in the Tournament. The specific rules of the Tournament will be determined by Sponsor in its sole discretion and posted prior to the start of the Tournament, but will be similar to a “HORSE” game but using the letters “FREAK,” in which a contestant successfully makes a basketball shot which the opponent must then successfully duplicate. Any contestant who fails to either successfully make an initial shot, or successfully duplicate the opponent’s shot, will receive a letter. The first team to receive all letters in FREAK loses. The Tournament will consist of two rounds, a preliminary round in which two games are played, with the specific matchups determined by random selection by Sponsor, and a final round in which the first-round winners play each other. The winner of the final game will win the grand prize.
7. Submission Guidelines. Your Submission must be an original, unpublished work that does not contain, incorporate or otherwise use any content, material or element that is owned by a third party or entity. A Submission must not be derogatory, offensive, threatening, defamatory, disparaging, libelous or contain any content that is inappropriate, indecent, sexual, profane, tortious, slanderous, in violation of any applicable law, discriminatory in any way, or that promotes hatred, harm or discrimination against any group or person, or otherwise does not comply with the spirit and theme of the, as determined by Sponsor and/or Sponsor’s representative in its sole discretion. Without limiting the foregoing, a Submission must not disparage Sponsor, any competitor of Sponsor, or any other Sweepstakes Entity. A Submission must not contain content, material or any element that is unlawful, or otherwise in violation of or contrary to applicable federal, state or local laws or regulations. By making a Submission, if others appear in your Submission, you attest that you have made all those appearing in the Submission aware that you are entering the Submission and that they have agreed that you may make the Submission. By making a Submission, entrant represents and warrants that (i) the Submission is the entrant’s original work and the entrant holds all rights to the Submission; (ii) the Submission has not previously been published or publicly shown or won a prize or award; (iii) the Submission complies with all applicable laws and does not infringe the rights of any third parties; and (iv) the entrant has the prior written consent of any other person(s) appearing in the Submission. By making a Submission, the entrant hereby irrevocably grants Sponsor, its parent, subsidiary and affiliated companies, and each of their respective licensees, distributors, agents, representatives and authorized users (collectively, the “Licensed Entities”) without the requirement of any further permission or payment, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sublicensable and transferable worldwide license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, redistribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform such Submission, in whole or in part (including without limitation all names, voices and likenesses contained in the Submission), as well as other photos, videos, audio, or other depictions of winner, in all means and media now known or hereafter devised for any and all purposes, including, without limitation, advertising, promotional, marketing, publicity or commercial purposes. Entrant shall have no right to review or approve edits, alterations or modifications, and the entrant waives the benefit of any provision of law known as "moral rights."
8. General. Prizes are non-transferable; no substitutions or exchanges by winner permitted. Sponsor reserves the right, in its sole discretion, to substitute one or more elements of a prize for a prize of equal or greater value. Prizes may not be redeemed for cash value.
By participating in the Sweepstakes, each entrant agrees for entrant and for entrant's heirs, executors, and administrators to release and indemnify and hold the Sweepstakes Entities and their respective officers, directors, employees and representatives harmless from any and all losses, damages, rights, claims, and actions of any kind in connection with the Sweepstakes. By participating in this Sweepstakes, each entrant agrees to abide by and be bound by these Official Rules, and to waive any right to claim any ambiguity or error herein or in the Sweepstakes itself, and to be bound by all actions of the Sponsor and/or Sponsor's representative, whose decisions are binding and final on all matters related to this Sweepstakes. By accepting any prize, each winner and each winner’s guest grants to Sponsor and its parent company and affiliates the right to use his/her name, likeness, hometown and biographical information, for any lawful purpose (including but not limited to advertising and promotion), in perpetuity, in any media now known or hereafter developed, without further permission or compensation, except where prohibited by law. By accepting any prize, each winner and each winner’s guest agrees for himself/herself and for their heirs, executors and administrators to release and indemnify and hold (a) the Sweepstakes Entities and their respective officers, directors, employees and representatives and (b) Instagram harmless from any and all liability for any loss, harm, damages, costs or expenses, including without limitation property damages, personal injury and/or death, arising out of participating in this Sweepstakes, or the acceptance, possession, use or misuse of any prize, or while preparing for, participating in and/or traveling to or from any prize related activity and claims based on rights of publicity, rights of privacy, defamation or prize delivery.
Sponsor assumes no responsibility or liability for (a) any incorrect or inaccurate registration or entry information, or for any faulty, failed, garbled or jumbled electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Sweepstakes; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of the operation of the Sweepstakes; (d) inaccessibility or unavailability of the internet, Instagram, or any combination thereof, or any change in Instagram’s terms of service or service offerings; or (e) any injury or damage to participant’s or to any other person’s computer or mobile device which may be related to or result from any attempt to participate in the Sweepstakes. Sponsor has not made and/or is not responsible for, and hereby disclaims, any representation, warranty or guaranty, express or implied, in fact or in law, relative to the prizes.
Sponsor reserves the right, in its sole discretion, to modify, cancel or suspend this Sweepstakes (or any portion of the Sweepstakes) should any cause or problem corrupt or inhibit the administration, fairness, security or proper operation of the Sweepstakes and, in such situation, to select the winners in such manner as deemed fair and appropriate by Sponsor. If, in the Sponsor's opinion, there is any suspected or actual evidence of tampering with any portion of the Sweepstakes, or if technical difficulties compromise the integrity of the Sweepstakes, Sponsor reserves the right to void suspect entries and/or terminate the Sweepstakes (or any portion of the Sweepstakes) and conduct a random drawing to award the prizes using all known eligible non-suspect entries received as of the date of termination. Sponsor may prohibit entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, deception, or other unfair practices or intending to annoy, abuse, threaten or harass any other entrant or Sponsor’s representatives. Any attempt by an entrant to deliberately undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to seek damages from any such entrant to the fullest extent permitted by law. Sponsor is not responsible for typographic or printer's errors. In no event will more than the number of prizes stated in these Official Rules be awarded.
9. Waiver. By participating in this Sweepstakes, entrants agree, to the fullest extent permitted by law, that (1) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes or offers awarded, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event will attorney’s fees be awarded or recoverable; and (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 or consequential damages and/or any other damages (other than actual out-of-pocket expenses) and/or any and all rights to have damages multiplied or otherwise increased.
10. Governing Law. THIS SWEEPSTAKES SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES. VENUE FOR ANY ACTIONS HEREUNDER SHALL BE IN THE APPROPRIATE STATE OR FEDERAL COURT LOCATED IN DALLAS COUNTY, TX.
12. Winner's List. The names of the winners can be obtained by mailing a request including a self-addressed postage-paid envelope, postmarked by July 31, 2019, to MetroPCS Legal Department, 2250 Lakeside Boulevard, Richardson, TX 75208, Attn: Metro by T-Mobile #MetroFreak Sweepstakes.
13. Sponsor. T-Mobile USA, Inc., doing business as Metro by T-Mobile Business Unit, 2250 Lakeside Blvd., Richardson, TX 75082.