NO PURCHASE OR PAYMENT NECESSARY TO PARTICIPATE OR WIN.
1. DESCRIPTION: The Big Noon Kickoff $60K Tuition Challenge (the “Challenge”) registration period begins Saturday, September 16, 2023, at 6:00 am Mountain Time (“MT”) and ends Saturday, September 16, 2023, at 9:00 am MT (the “Registration Period”). The sponsor of this Challenge is Fox Sports 1, LLC (“Sponsor”). The administrator of this Challenge is Creative Zing Promotion Group (“Administrator”). The Sponsor and Administrator are collectively referred to as the “Challenge Entities”.
2. ELIGIBILITY: The Challenge is open only to current, enrolled students at the University of Colorado who are permanent legal residents of the fifty (50) United States or Washington, D.C. and who are at least eighteen (18) years of age (“Participant”). Students who are non-resident aliens are not eligible to participate. Employees, shareholders, officers, directors, agents, and representatives of Sponsor, Administrator, and each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives, and promotion and advertising agencies and the “Immediate Family Members”, and/or “Household Member” of each, are ineligible to participate in the Challenge. For purposes of the Challenge, “Household Member” shall mean any person who shares the same residence at least three months a year, whether or not related; “Immediate Family Members” shall mean parents, stepparents, legal guardians, children, stepchildren, siblings, step-siblings, or spouses, regardless of where they live. Void where prohibited.
3. HOW TO PARTICIPATE: Between 6:00 am – 9:00 am MT on Saturday, September 16, eligible Participants must visit the Big Noon Kickoff pregame set at Farrand Field on the University of Colorado campus and follow the on-site signage to request a numbered Big Noon Challenge wristband, which will serve as the Participant’s unique identifier for the random drawing. Students will be required to show a government-issued ID for age verification along with their current, valid University of Colorado Student ID to receive a wristband. Wristbands are available on a first-come, first-served basis while supplies last. Wristbands are non-transferable. Limit one (1) wristband per person. Any attempt by a Participant to obtain more than one (1) wristband will result in disqualification. Participation in the Promotion constitutes the Participant’s understanding of and full and unconditional agreement to and acceptance of these Official Rules. Promotion Entities reserve the right to disqualify any Participant that they determine to be in violation of any term contained in these Official Rules. Promotion Entities reserve the right to change or extend the Registration Period at their sole discretion. If applicable, changes will be communicated at the Big Noon Kickoff pregame set.
4. FINALIST SELECTION: At approximately 9:30 am MT on Saturday, September 16, 2023, at the Big Noon Kickoff pregame set, the Sponsor will randomly draw three (3) numbers corresponding to the unique identifiers on the Participant’s wristbands. The three (3) Participants with wristbands matching the randomly drawn numbers will each be deemed a potential “Finalist”, subject to re-verification of eligibility, completion of the required Finalist Release Documents (as described below), and fitness to compete in the obstacle course portion of the Challenge. The randomly drawn numbers will be announced and displayed on the big screens in the pregame area. Participants must be present at the pregame show and respond/report to the designated area, as directed on-site, to be eligible for consideration as a Finalist. If a potential Finalist is determined to be impaired, intoxicated, or otherwise deemed unfit to safely participate in the obstacle course (as determined at the sole discretion of the Sponsor’s on-site representatives) or if a potential Finalist fails to respond and report to the designated area within five (5) minutes of the announcement, such potential Finalist shall be disqualified, and an alternate potential Finalist will be selected in accordance with the aforementioned procedure. Each potential Finalist must complete an affidavit of eligibility and liability/publicity release (collectively, “Finalist Release Documents”) covering eligibility, liability, advertising, publicity, and media appearance issues unless prohibited by law. Upon successful completion of the Finalist Release Documents, the potential Finalist will be confirmed as a Finalist to proceed to the Challenge. The potential Finalist cannot sell, barter, or transfer their position as a potential Finalist to another individual (except if the Finalist has a physical handicap that would preclude them from participating in the obstacle course, in which case the Finalist can designate a friend or family member as a proxy on their behalf). The odds of being selected as a Finalist depend on the number of wristbands distributed.
5. FINALIST OBSTACLE COURSE CHALLENGE: The three (3) Finalists will compete against each other in an obstacle course, which will be broadcast during the Big Noon Kickoff pregame show. The first Finalist to successfully complete the obstacle course, as instructed, will be deemed the “Challenge Winner”. In the event of a tie, the tied Finalists will compete in a trivia challenge to break the tie and determine the Challenge Winner.
6. CHALLENGE WINNER: On or about Monday, September 18, 2023, the Challenge Winner will be contacted by the Administrator and required to complete a “Prize Acceptance Form” via DocuSign. Failure to complete the required Prize Acceptance Form, as required, within the designated time period may result in forfeiture of the prize. Prizes will not be awarded until all such properly executed forms are returned. If the Challenge Prize goes unclaimed or is forfeited, such prize may not be re-awarded at the Promotion Entities’ sole discretion. IMPORTANT: Prizes are considered miscellaneous income by the IRS. The Challenge Winner must provide their social security number to the Administrator for tax reporting purposes before the Challenge Prize can be awarded. Sponsor reserves the right, in its sole discretion, to provide a projected tax gross-up allowance to help offset income tax liability. If income taxes exceed such amount, the additional expenses shall be the responsibility of the Challenge Winner, as applicable. The Challenge Winner will receive an IRS Form 1099 in February 2024 for the total combined value of the Challenge Prize and projected tax gross-up allowance received.
7. CHALLENGE PRIZE (1 Available): The Challenge Prize consists of Sixty Thousand Dollars ($60,000.00), awarded via wire transfer or ACH transfer. The Challenge Winner is encouraged to use the prize funds for educational purposes, such as tuition, fees, room, board, equipment, or supplies.
ALL FEDERAL, STATE, AND LOCAL TAXES AND ANY OTHER COSTS AND EXPENSES ASSOCIATED WITH THE RECEIPT OR USE OF THE PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. Prize (and the tax gross up allowance, if applicable) will be fulfilled via wire transfer or ACH transfer to the Challenge Winner’s bank account or the bank account of the Challenge Winner’s designee (if the Challenge Winner does not have a bank account in their own name) within approximately four (4) weeks of completion of the Prize Acceptance Form. Other restrictions may apply.
8. CONDITIONS OF PARTICIPATION/RELEASES/CLASS ACTION WAIVER: All federal, state, and local laws and regulations apply. By participating, each Participant agrees to be bound by these Official Rules and the decisions of the Challenge Entities, which shall be final in all respects. By participating in this Challenge and/or by accepting a prize, each Participant agrees to release and indemnify the Challenge Entities and Fox Corporation; each of their respective parent, subsidiary, and affiliated companies, units and divisions, and advertising and promotional agencies and prize suppliers; each of their respective officers, directors, agents, representatives, shareholders, members, successors, and employees; and each of these companies and individuals’ respective successors, representatives and assigns (collectively, the “Released Parties”) from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Challenge and/or acceptance, use, or misuse of any prize. Participant authorizes the Sponsor and their designees to use each Finalist’s and the Challenge Winner’s name, voice, likeness, recordings, biographical data, city, and state of residence worldwide in all forms of media now known or hereafter discovered or devised (including but not limited to, via television and/or radio broadcast and/or publication in print or digital media), for editorial, advertising and publicity purposes, without future notice, review, approval or compensation. By participating in the Challenge, Participants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Challenge, or any prizes awarded, shall be resolved individually, without resorting 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 participating in the Challenge, but in no event will Participant’s attorneys’ fees be awarded or recoverable; and (3) under no circumstances will any Participant be permitted to obtain any award for, and Participant 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. The Released Parties shall not be responsible or liable for any injuries, losses, or damages of any kind resulting from the acceptance, possession, use, or misuse of a prize or from participation in the Challenge; the Participant’s claim that they have somehow been defamed or portrayed in a false light or any printing, typographical, human administrative or technological errors in any materials associated with the Challenge. Challenge Entities reserve the right, in their sole discretion, to cancel, modify, or suspend the Challenge (or any portion of the Challenge) should a virus, bug, computer problem, unauthorized intervention or other cause or problem corrupt or inhibit the administration, security or proper play of the Challenge and, in such situation, to determine a Winner in such manner as deemed fair and appropriate by the Challenge Entities. Challenge Entities may prohibit an individual from participating in the Challenge if, in their sole discretion, they determine an individual is attempting to undermine the legitimate operation of the Challenge by cheating, deception, or any other unfair playing practices or intending to annoy, abuse, threaten or harass any other Participants or Finalists or the Released Parties representatives.
9. GOVERNING LAW: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION, AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF PARTICIPANTS OR THE RELEASED PARTIES IN CONNECTION WITH THE CHALLENGE OR IN CONNECTION WITH ANY MATERIAL PROVIDED IN CONNECTION WITH THE CHALLENGE, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THESE RULES SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION. IN THE EVENT THAT ANY PROVISION IS DETERMINED TO BE INVALID OR OTHERWISE UNENFORCEABLE OR ILLEGAL, THESE RULES SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR ILLEGAL PROVISION WERE NOT CONTAINED HEREIN.
IN NO EVENT WILL THE RELEASED PARTIES, THEIR RESPECTIVE PARENT, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES, WEB MASTERS/SUPPLIERS, VENDORS, CONTRACTORS, OR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, SUCCESSORS, ASSIGNS, REPRESENTATIVES AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, DATA BUSINESS OR PROFITS) ARISING OUT OF PARTICIPANT’S PARTICIPATION IN THE CHALLENGE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE FOREGOING, ALL PRIZES AND THE CHALLENGE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE RELEASED PARTIES HEREBY EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE RIGHT IS RESERVED TO SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
10. ARBITRATION PROVISION & CLASS ACTION WAIVER: By participating in this Challenge, each Participant agrees that any and all disputes the Participant may have with, or claims Participant may have against, the Released Parties relating to, arising out of or connected in any way with (i) the Challenge, (ii) the awarding or redemption of any prize, and/or (iii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively by final and binding arbitration administered by the National Arbitration Forum (the “Forum”) and conducted before a sole arbitrator pursuant to the Code of Procedure established by the Forum. The arbitration shall be held at a location determined by the Forum pursuant to the Code of Procedure or at such other location as may be mutually agreed upon by the Participant and Sponsor. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable Participant may have entered into in connection with the Challenge. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the Participant’s and/or Sponsor’s individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator shall not have the power to award special or punitive damages against the Participant or Released Parties. For more information on the Forum and/or the Forum’s Code of Procedure, please visit their website at www.arb-forum.com. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.
12. SPONSOR: Fox Sports 1, LLC, 10201 W. Pico Blvd., Los Angeles, CA 90035
13. ADMINISTRATOR: Creative Zing Promotion Group, 2100 E. Robinson St., Orlando, FL 32803
14. Winner List: For the names of the prize winners, mail a self-addressed, stamped envelope to: Big Noon Kickoff Challenge Winner, 2100 E. Robinson St., Orlando, FL 32803, by October 1, 2023.