THIS CONTEST MAY NOT BE USED TO CONDUCT, ADVERTISE OR PROMOTE ANY FORM OF GAMBLING. THIS CONTEST IS OPEN TO PERSONS WHO ARE: (A) REGISTERED USERS; (B) LEGAL RESIDENTS OF THE UNITED STATES (FOR PURPOSES OF CLARITY, PUERTO RICO AND ALL US TERRITORIES AND POSSESSIONS ARE EXPRESSLY EXCLUDED); (C) AT LEAST TWENTY-ONE (21) YEARS OLD AT THE DATE OF REGISTRATION IN THE CONTEST; VOID WHERE PROHIBITED BY LAW. DATA RATES MAY APPLY. `
- Introduction2024 Heavy.com Pro Football Pick’em Contest
Welcome to the 2024 Heavy.com Pro Football Pick’em Contest (the “Challenge“), where you compete against other participants to see who can correctly predict the outcomes of selected pro football games (“Pro Football Games“) in accordance with these 2024 Heavy.com Pro Football Pick’em Contest Rules (“Official Rules“). Sign up to the Challenge begins on August 20, 2024. The Challenge commences on September 5, 2024, and is scheduled to end on January 5, 2025 (the “Challenge Period“). Each Week of Pro Football during the Challenge Period (each a “Weekly Contest“) will begin on Tuesday’s and end on the latest of 11:59pm Eastern Time (“ET”) or the conclusion of the Monday night Pro Football Game of the following Monday throughout the Challenge Period (each, a “Weekly Contest Period“). Week 18 does not have a scheduled Monday night Pro Football Game so the contest for Week 18 will end with the last game played in that week. There will be eighteen (18) Weekly Contest Periods within the Challenge Period and prizes will be awarded, in Heavy’s sole discretion, as set forth below.No Cost
The Challenge is FREE to play.IMPORTANT NOTICE: THIS CHALLENGE IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW.The Administrator
Heavy Inc. (“Heavy“) will serve as the administrator (the “Administrator“) of the Challenge and will be responsible for resolving any disputes that arise regarding violations of the rules. All decisions of Heavy in this capacity are final, binding, and in Heavy’s sole discretion.Eligibility
The Challenge is open to persons who are: (a) Registered Users (as defined below); (b) legal residents of the United States; and (c) at least twenty-one (21) years old at the date of registration in the Challenge. For purposes of clarity, persons who reside in Puerto Rico are expressly excluded from this Challenge. Void where prohibited by law.For purposes of these Official Rules, “Registered User” means a person who has successfully completed the registration form and has obtained a user identification (“ID“) and associated password (“Password“) on Heavy.com.
Employees of Heavy and each of their parent companies, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies (collectively the “Challenge Entities“), and members of the immediate family or household of each are not eligible to win. Immediate family memberis defined as a parent, sibling or any person residing in the same household as an employee of the Challenge Entities. Void where prohibited by law. Such excluded employees and/or family members may play, but WILL NOT be eligible to receive a weekly prize (as defined below).
Note:Professional and/or college football players, team owners, management and personnel; professional sports agents; referees; and league employees who play/work in the United States, are not eligible to play in this Challenge, as well as, employees of an operator of a fantasy sports website offering paid contests or a sports betting operator.
2. Playing
Signing Up
Registered Users can sign up any time, during the Challenge Period, by visiting the Heavy.com Pick’em challenge page accessible at https://heavy.com/pro-football-pickem/ (the “Heavy Pick’em Page”). Once on the Heavy Site, if not already, become a Registered Users, create a screen name for the Challenge and agree to the Official Rules, to be able to enter the Challenge.Making Picks
At the start of each Weekly Contest Period, Administrator, at its sole discretion, will make all available Pro Football Game match-ups and Winning Margins for each game on the Heavy Site for each Weekly Contest Period. In order to participate in a Weekly Contest, participants must: (i) go to the Heavy Site; (ii) pick the team(s) they predict will beat the Winning Margin (as defined below) from amongst the available match-ups listed; (iii) login to their Heavy.com account (or create an account if you do not have one); (v) create your team name; and (vi) make picks per these rules, in order to complete your entry for a Weekly Contest.. You do not need to make picks for every game listed as “available” at the time you enter your picks, but we suggest that you do since winning is based on cumulative picks and there is no additional penalty for an incorrect pick.
Changes and Cancellation
Heavy may in its sole discretion make material changes to this Challenge, including, without limitation, canceling the Challenge, removing canceled/postponed games from a Weekly Contest, extending the Weekly Contest Period, and/or concluding the Challenge early. If such changes are necessary, they will be noted in these Official Rules, if possible, and if time permits. For the avoidance of doubt, Heavy may cancel this Challenge at any time for any reason. There is no promise made, express or implied, that the Challenge will run for the entire Pro Football season, or at all.
Scoring
Participants will receive (1) point for each correct pick they make. Participants may also “Juice” one pick per week. The “Juiced” pick will count for three (3) points, if correct. Eligible participants who score the highest number of points, from individual and “juiced” picks in a Weekly Contest may win the Weekly Prize (as defined and set forth in prize section below) in accordance with these Official Rules.
In the case where a game from a Weekly Contest Period is postponed and moved to a new Weekly Contest Period or forfeited, that game may be removed from the current Weekly Contest and it will not count as a correct or incorrect pick. If a game is postponed but rescheduled to be played within the same Weekly Contest Period as originally scheduled, that game will remain part of the Weekly Contest unless otherwise decided by the administrator.
All scoring for games will be considered final at the conclusion of each weekly scoring period and any changes thereafter will not be counted towards the contest results. The original final score will be recognized as the final score for the contest.
Deadlines
The deadline for each participant to enter their picks for an applicable Weekly Contest is one hour before the scheduled gametime of each game being picked for the week. Each game listed within the Weekly Contest will lock at the scheduled gametime. Pro Football Game match-ups will be posted no later than 1:00 pm ET on Tuesdays of the applicable Weekly Contest Period.
- PrizesWeekly Prize
The eligible participant who collects the most points in a single Weekly Contest Period will be declared the Weekly Prize Winner (each, a “Weekly Prize Winner“) of such applicable Weekly Contest Period and will receive the weekly prize (“Weekly Prize(s)“) (tie-breakers apply). Eighteen (18) Weekly Prizes will be awarded in accordance with these Official Rules. Each Weekly Prize consists of One Thousand Dollars (US$1,000.00) which will be awarded in the form of a check or as otherwise decided by Heavy in its sole discretion.If more than one eligible participant is tied for points in any one Weekly Contest Period, the participant from amongst the tied participants, whose prediction of the total points scored in the last game of the week is closet to the actual total, without going over, will be declared the Weekly Prize Winner. If a tie remains after the tie-breakers then the Weekly Prize will be split among the tied participants. Under no circumstances will Heavy be obligated to pay more than a single Weekly Prize in any Weekly Contest Period. Please note: any participant that fails to enter a tie-breaker value for the last game in any given Weekly Contest will not be eligible for tie-breaker consideration.
Note: If any tiebreaker game is canceled or the game is suspended without being completed, that tiebreaker game will be eliminated from the process of breaking ties, which shall otherwise continue. The Weekly Prize will be randomly selected by Heavy among all remaining tied participants. In such a case, the random drawings will be conducted on or around the Monday following the applicable Weekly Contest Period. The drawing (if applicable) will be conducted by Administrator whose decisions are final and binding.
Note: In the event that there are 20 or more tied participants after all tiebreakers are applied, the Weekly Prize will be randomly selected by Heavy among all remaining tied participants. The drawing (if applicable) will be conducted by Administrator whose decisions are final and binding.
Season Long Prize
The eligible participant who accumulates the most points during the entire Challenge Period will be named the season winner (the “Season Long Prize Winner“) and will receive the season long prize (“Season Long Prize“) to be awarded in accordance with these Official Rules. The Season Long Prize consists of Twenty-Five Thousand Dollars (US$25,000.00), to be awarded in the form of a check or as otherwise decided by Heavy in its sole discretion. If more than one eligible participant is tied for the most points for the entire 18-week Challenge Period, the tied participant(s) that has the most weeks with 16 games correctly selected will be the winner of the Season Long Prize. If there is still a tie, the participant that had the most Weekly Periods with 15 games correctly picked from amongst the remaining tied participants, during the Challenge Period will win the Season Long Prize. This process will continue until the tie is broken. If a tie remains after all tiebreakers have been exhausted, the Season Long Prize will be split among the tied participants. Under no circumstances will Heavy be obligated to pay more than a single Season Long Prize.
Prize Notification
Each potential Weekly Prize Winner will be notified via email within fourteen (14) days from the end of the applicable Weekly Contest Period. The Season Long Winner will be notified within 14 days of the conclusion of the Challenge Period. All Winners will need to complete and submit to Heavy an Affidavit of Eligibility and release (the “Affidavit“) and a W-9 tax form where applicable. Such Affidavit must include Winner’s social security number and include a copy of their current driver’s license or current government issued ID (“Gov. ID“) when submitting their Affidavit. (Note: Passports are not acceptable).
No Affidavits of Eligibility will be accepted after January 31, 2025.
In the event Winner is deemed ineligible and/or does not claim their Weekly or Season Long Prize by the dates specified herein such Prize will be forfeited, and such Prize will not be awarded.
4. Legal Disclaimers
All participants agree to abide by the terms of these Official Rules and the legal disclaimers below, and by the decisions of Heavy, which are final and binding and in Heavy’s sole discretion on all matters pertaining to the Challenge.
General Conditions
By entering, each entrant accepts and agrees to be bound by these rules and by the decisions of Heavy, which shall be final and binding in all respects. Any and all taxes, if any, in relation to acceptance of a Prize are the sole responsibility of each Winner. No substitution or transfer of a Prize is permitted except by Heavy.
Except where prohibited by law, a Winner’s acceptance of a Prize constitutes permission for Heavy to use Winner’s name for advertising and publicity purposes without additional compensation, unless prohibited by law. All federal, state, local laws and regulations apply.
Heavy is not responsible for lost, late or misdirected online entries or transactions, for incorrect, inaccurate, or incomplete entry information whether caused by a contestant, equipment, or technical malfunction or for any human error, technical error, or malfunctions. Heavy reserves the right to halt or modify the Challenge at any time during the Challenge Period. In the event that a scheduled Pro Football Game is canceled or preempted for any reason, no points will be awarded for that match up during such Weekly Contest Period.
Heavy is not responsible for typographical or other human or technical errors in the offer or administration of this Challenge, including but not limited to, errors in advertising or the Official Rules the selection and/or announcement of a Winner or the distribution of a Prize.
Heavy, in its sole discretion, may disqualify any entrant from participating in the Challenge if entrant engages in any conduct Heavy deems to be improper, unfair or otherwise adverse to the operation of the Challenge or detrimental to other entrants. Such improper conduct includes, but is not limited to, falsifying personal information required during Challenge registration, violating any term or condition stated herein, accumulating points through methods such as automated computer scripts or other programming techniques, allowing others to use the entrant’s personal information for the purpose of accumulating points, tampering with Heavy’s administration of this Challenge, or intentionally trying to defraud, reverse engineer, disassemble, decompile or otherwise tamper with the computer programs on this website.
Heavy reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Challenge. This Challenge is not affiliated with or endorsed by the NFL or any NFL football team. This is a skill game designed to entertain and increase consumer awareness of, and interest in Heavy.com.
Rules/Winner Information
For a copy of these Official Rules, send a self-addressed and stamped envelope to the below address marked “Official Rules: 2024 Heavy.com Pro Football Pick’em Challenge Contest,” for receipt by January 31, 2025. Residents from VT may omit postage on the self-addressed envelope. For the name of the Winners, send a self-addressed and stamped envelope for receipt by January 31, 2025 to “Winners list: 2024 Heavy.com Pro Football Pick’em Challenge Contest,” c/o Lebowitz Law Office LLC, 103 Banks Lane, Clermont New York, 12526
This Contest may not be used for any form of gambling.
Internet
If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of Heavy which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Challenge, Heavy reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Challenge. In the event a Weekly Contest and/or the Challenge are terminated, Heavy reserves the right to award a Prize(s) to the participant with the most points at the time of termination (tie breaker rules apply).
Heavy assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries or transactions. Heavy is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail entry or transaction to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer related to or resulting from participation or downloading any materials in this Challenge.
Lost or Corrupted Entries
The Challenge Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, lost, late, incomplete, corrupted, stolen, misdirected, illegible or postage-due entries or mail (if applicable); or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. The Challenge Entities are not responsible for any incorrect or inaccurate information, whether caused by registration information submitted by end users or tampering, hacking, or by any of the equipment or programming associated with or utilized in this Challenge, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Challenge.
Damaged Property
The Challenge Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to any entrants or to any other person’s computer or property related to or resulting from participating in this Challenge or downloading materials from this Challenge.
CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, HEAVY RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH CONTESTANT TO THE FULLEST EXTENT PERMITTED BY LAW.
In the event of a dispute, entries made by Internet will be declared made by the authorized account holder of the e-mail address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
Any Entry that is incomplete, late, or does not include a validly issued ID will be disqualified.
In the event that the Challenge is challenged by any legal or regulatory authority, Heavy reserves the right to discontinue or modify the Challenge, or to disqualify participants residing in the affected geographic areas. In such event, Heavy shall have no liability to any participants who are disqualified due to such an action.
Challenge Errors
The Challenge Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Challenge; (b) in any related advertising or promotions of this Challenge; and/or (c) in these Official Rules including but not limited to errors in advertising and the Official Rules In the event of any ambiguity(s) or error(s) in these Official Rules, Administrators reserve the right to modify these Official Rules for clarification purposes or to correct any such ambiguity or error(s) without materially affecting the terms and conditions of the Challenge.
Winners and Prizes
The Challenge Entities, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, the selection and announcement of a Winner, the distribution of the Prizes, the acceptance/possession and/or use/misuse of any part of a Prize and/or any injury or damage to any entrant’s or third person’s property related to or resulting from any part of a Prize or any part of this Challenge.
Release and Indemnity
Each entrant in the Challenge hereby releases and agrees to hold harmless the Challenge Entities and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, participation in this Challenge and participation in any activity related to this Challenge.
Limitation of Liability and Disclaimer of Warranties
IN NO EVENT WILL THE CHALLENGE ENTITIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND/OR THE CHALLENGE, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SERVICE AND/OR THE CHALLENGE. IN NO EVENT SHALL HEAVY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS (US$100.00). WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE CHALLENGE AND THE SERVICE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE 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.
Binding Arbitration
The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Challenge. Any controversy or claim arising out of or relating to these Official Rules and/or the Challenge shall be settled by binding arbitration in accordance with the commercial arbitration rules of JAMS in accordance with the JAMS Comprehensive Arbitration Rules and Procedures, as modified by the JAMS Consumer Arbitration Minimum Standards. Class arbitrations and class actions are not permitted under any circumstances. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State and County of New York.
Governing Law and Jurisdiction
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. FOR ANY MATTERS WHICH ARE NOT SUBJECT TO ARBITRATION AS SET FORTH IN THESE OFFICIAL RULES AND/OR IN CONNECTION WITH THE ENTERING OF ANY JUDGMENT ON AN ARBITRATION AWARD IN CONNECTION WITH THESE OFFICIAL RULES AND/OR THE CHALLENGE, THE PARTIES IRREVOCABLY SUBMIT AND CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE NEW YORK STATE AND FEDERAL COURTS LOCATED IN THE COUNTY OF NEW YORK. THE PARTIES AGREE NOT TO RAISE THE DEFENSE OF FORUM NON CONVENIENS.
Sponsor/Prize Provider/Administrator’s Mailing Address
Heavy Inc. c/o Lebowitz law Office, LLC, 103 Banks Lane, Clermont, New York 12526