40 Whacks Sponsored Athlete Terms & Conditions
NO PURCHASE NECESSARY TO ENTER OR TO WIN. VOID WHERE PROHIBITED. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. PARTICIPATION IN THE PROMOTION CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE OFFICIAL RULES. Individuals who participate in the Contest or submit an entry are sometimes referred to herein as an “Entrant.”
1. Sponsor: 40 Whacks with an Axe LLC, Greenville, NC (“Sponsor”).
2. Eligibility: Contest is open only to individuals who are at least eighteen (18) years of age on the entry date.
3. Application Period: The Application Period begins 12:00pm September 9th, 2022, and will end on Monday, October 7th, 2022 at 11:59pm. Times are eastern standard time.
4. How to Enter: Limit one (1) entry per person. Any attempt by an Entrant to obtain more than the allowable entries by using multiple/different e-mail address, identities or any other methods will void all such Entrant’s entries. Sponsor reserves the right to verify eligibility of all Entrants. Illegible and/or incomplete entries and entries submitted by Entrants who do not meet the eligibility requirements are void.
5. Sponsorship Selection and Notification: applications will be judged by four (4) judges, to be chosen by Sponsor, in their sole discretion and will consist of owners of Sponsor. The recipients of sponsorships (hereinafter called "sponsees") will be selected by the judges based upon the following criteria:
(1a) PRO Division must have maintained a 55+ average in WATL’s Hatchet Discipline with at least 50% killshots attempted for the following combined league seasons: Winter, Spring, and Summer 2022. If you participated in more than one league in a season, your BEST league score for each season will be used and will be weighted at 60% of the total overall score, (1b) The remaining weighted 40% will be based on your answers to the questions and will be scored on a scale of 0-100 independently by four judges with the following criteria: 34% in examples of your good sportsmanship, 33% in how the sport has changed or improved your life, 33% in how you plan to help the sport grow and improve. There will be two sponsees in this division: one (1) male and one (1) female with the highest score in their respective category. In the event of no applicants in a gender, that gender's sponsorship will not be awarded. (1c) In the event of a tie, average score will be used as a tiebreaker. If still a tie, for PRO successful killshots will be used. (1d) PRO Division sponsees will be announced on Friday, October 21st, 2022. See Addendum 16 for updated rules.
(2a) PRO-AM Division must have maintained a 54.9 or below average in WATL’s Hatchet Discipline for the following combined league seasons: Winter, Spring, and Summer 2022. If you participated in more than one league in a season, your BEST league score for each season will be used and will be weighted at 60% of the total overall score, (2b) The remaining weighted 40% will be based on your answers to the questions and will be scored on a scale of 0-100 independently by four judges with the following criteria in mind: 34% in examples of your good sportsmanship, 33% in how the sport has changed or improved your life, 33% in how you plan to help the sport grow and improve. There will be two sponsees in this division: one (1) male and one (1) female with the highest score in their respective category. In the event of no applicants in a gender, that gender's prize will not be awarded. (2c) In the event of a tie, average score will be used as a tiebreaker. If still a tie, for PRO-AM will be put in a hat and drawn at random. (2d) PRO-AM Divisions sponsees will be announced on Monday, November 7th, 2022.
3a) ENTRY Division must have participated in at least one World Axe Throwing League (WATL) Hatchet league or marathon league season this year (2022). In order to be considered for this division, 2022’s World Axe Throwing Championship (WATC) bid must be your first bid and participation in a WATC hatchet. (2b) Your name will be entered into a LIVE drawing held on Tuesday, November 8th, 2022. One (1) name will be drawn at random.
Sponsees will be notified via social media posts and by email or telephone. In all divisions, winners must accept their bids to the 2022 WATC and plan to attend and participate in order to claim their sponsorship. Sponsees will be required to sign a contract in order to receive any and all elements of sponsorship. Sponsees must be willing to display the 40 Whacks logo on the front chest area of their official 2022 WATC jersey. Sponsor will supply approved logo. Please see addendum for contract details.
The Potential Sponsees will be required to electronically sign and return within ten (10) days of notification attempt by Sponsor, a contract that outlines the acceptance of the prize, including the potential sponsee's full name and street address (no P.O. Boxes), or the sponsorship will be forfeited, and an alternate potential winner may be selected by Sponsor (and in such case this process will be repeated).
6. Sponsorships: up to five (5) sponsorships will be awarded:
(1a) up to two (2) PRO Division (one male and one female) Sponsees will receive up to $575 in 40 Whacks Athlete Sponsorship (the “Sponsorship”) under the Sponsorship Divisions.
(1b) $250 DELIVERED ON OR BEFORE DECEMBER 1, 2022; $50 BONUS AT THE FOLLOWING BENCHMARKS IN HATCHET: TOP 128, TOP 64, TOP 32, TOP 16, AND ESPN FINALS FOR A POTENTIAL TOTAL OF $250 ADDITIONAL. ANY BONUSES EARNED WILL BE DELIVERED ON OR BEFORE DECEMBER 31, 2022; YOUR CHOICE OF 40 WHACKS T-SHIRT OR SWEATSHIRT AND A HAT TO BE PROVIDED ON OR BEFORE DECEMBER 1, 2022. YOUR OWN ATHLETE PAGE ON 40WHACKS.COM AND YOUR OWN VIRTUAL SPORTS POSTER TO BE DISPLAYED ON SOCIAL MEDIA TO BE DELIVERED ON OR BEFORE DECEMBER 1, 2022. YOUR '22 WATC MATCHES LIVE-STREAMED ON 40 WHACKS SOCIAL MEDIA WHEN POSSIBLE (ESPN FINALS CANNOT BE LIVE-STREAMED). VALUE OF SPONSORSHIP IS UP TO $575.
(2a) up to two (2) PRO-AM Division (one male and one female) Sponsees will receive $250 in 40 Whacks Athlete Sponsorship (the "sponsorship") under the Sponsorship Divisions. (2b) $250 DELIVERED ON OR BEFORE DECEMBER 1, 2022. YOUR CHOICE OF 40 WHACKS T-SHIRT OR SWEATSHIRT AND A HAT TO BE DELIVERED ON OR BEFORE DECEMBER 1, 2022. YOUR OWN ATHLETE PAGE ON 40WHACKS.COM AND YOUR OWN VIRTUAL SPORTS POSTER TO BE DISPLAYED ON SOCIAL MEDIA TO BE DELIVERED ON OR BEFORE DECEMBER 1, 2022. WHEN POSSIBLE, YOUR '22 WATC MATCHES LIVE-STREAMED ON 40 WHACKS SOCIAL MEDIA (ESPN FINALS CANNOT BE LIVE-STREAMED). VALUE OF SPONSORSHIP IS $325.
(3a) one ENTRY Division (male or female) Sponsee will receive $175 in 40 Whacks Athlete Sponsorship (the "Sponsorship) under the Sponsorship Divisions. $175 DELIVERED ON OR BEFORE DECEMBER 1, 2022. YOUR CHOICE OF 40 WHACKS T-SHIRT OR SWEATSHIRT AND A HAT TO BE DELIVERED ON OR BEFORE DECEMBER 1, 2022. YOUR OWN ATHLETE PAGE ON 40WHACKS.COM AND YOUR OWN VIRTUAL SPORTS POSTER TO BE DISPLAYED ON SOCIAL MEDIA TO BE DELIVERED ON OR BEFORE DECEMBER 1, 2022. WHEN POSSIBLE, YOUR '22 WATC MATCHES LIVE-STREAMED ON 40 WHACKS SOCIAL MEDIA (ESPN FINALS CANNOT BE LIVE-STREAMED). VALUE OF SPONSORSHIP IS $250.
No portion of the Sponsorship may be transferred, or substituted, except by Sponsor (in its sole discretion), which reserves the right to substitute any portion of the Sponsorship with items of equal or greater value for any reason, including, without limitation, unavailability. All expenses not specifically identified as included in the Sponsorship are the sole responsibility of the Sponsee. The Sponsorship, and all elements thereof, are subject to availability. The Sponsorship is awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation any implied warranty of merchantability or fitness for a particular purpose). Acceptance, participation in and/or use of elements of the Sponsorship is at sponsee's sole risk and Sponsor is not responsible for any damages whatsoever including special, indirect, or consequential damages, arising out of or in connection with the use and/or misuse of the Sponsorship.
Sponsee will be solely responsible for all federal, state and local taxes and fees and other expenses associated with his/her Sponsorship receipt and/or use that are not expressly included in the Sponsorship description. The Sponsee may be issued a 1099 tax form for the approximate retail value of the Sponsorship. Failure to take or complete any portion of the Sponsorship does not relieve the sponsee of his/her tax obligations associated with the Sponsorship.
7. Sponsorship Conditions: Except where prohibited by law, the sponsee's entry and acceptance of the Sponsorship constitutes the winner’s irrevocable, sub-licensable, absolute right and permission for the Sponsor Entities, to use, publish, post or display said sponsee's name, photograph, likeness, statements, biographical information, voice, city and state address, Sponsorship information, any quotes attributable to him or her and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Sponsor's sole discretion) for any purpose, including but not limited to advertising, trade, promotional and publicity purposes, on a worldwide basis, and in all forms of media now known or hereafter devised, in perpetuity, without further authorization, notification, opportunity to review, approval or compensation of any kind, and each Entrant releases all Sponsor Entities from any and all liability related thereto. Nothing contained in these Official Rules obligates the Sponsor Entities to make use of any of the rights granted herein and sponsee waives any right to inspect or approve any such use.
8. General Conditions:
Sponsorship is subject to all applicable federal, state and local laws. By participating, entrants agree to be bound by these Official Rules and the decisions of Sponsor. Entrants waive any right to claim ambiguity in the Sponsorship or these Official Rules. All Entrants agree to follow the Official Rules and release, discharge, hold harmless and indemnify the Sponsor Entities and each of them (collectively, the “Released Parties”) against any and all liability, damages or causes of action (however named or described), with respect to or arising out of any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any promotional-related activity or participation in this Sponsorship opportunity. In consideration for being awarded the Sponsorship, or any portion thereof, sponsee hereby agrees and consents, without further authorization, compensation or remuneration of any kind, to the use of sponsee’s name and/or likeness in any and all advertising, promotions and other publicity conducted by Sponsor Entities, except where prohibited by law. Sponsor reserves the right to modify the scheduling of the Sponsorship without prior notification, and the right to make changes or additions to these Official Rules for any reason at any time. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
By entering, entrants agree that Sponsor, may use entrant's names, likeness, the Images, video, personal information, and statements made by entrant to Sponsor or by entrant on social media, information on the entry form for advertising and promotional purposes in all media worldwide (including the internet) without additional compensation Entrant irrevocably grants the right to edit or modify and to publish and copyright the foregoing.
9. Use of Personal Information: In order to participate, Entrants will be required to supply certain information about themselves on the Sponsorship Application pages. Sponsor has specified which information is mandatory in order to participate. This information will be used by Sponsor for the purposes of administering the Sponsorship, and will not be shared with other Entities.
10. Release: SPONSEES AND ENTRANTS RELEASE, DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS, THE SPONSOR, SPONSORSHIP ENTITIES, AGENTS AND REPRESENTATIVES FROM AND AGAINST ANY LIABILITY FOR ANY DAMAGES, INJURY OR LOSSES, TO ANY PERSON (INCLUDING DEATH), OR PROPERTY, OF ANY KIND RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF THE SPONSORSHIP ELEMENTS, ANY PORTION THEREOF OR PARTICIPATION IN ANY PROMOTION RELATED ACTIVITY OR PARTICIPATION IN THIS CONTEST.
11. Limitations of Liability: The Sponsorship Entities are not responsible for late, lost, damaged, misdirected, incomplete, illegible, undeliverable, destroyed, and/or lost, late, misdirected, undeliverable or incomplete entries due to system errors or failures, or faulty transmissions and/or entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete or garbled computer or telephone transmissions, or for any problems or technical malfunction(s) of any telephone network or lines, computer online systems, servers or providers, computer equipment, or entries not received by Sponsor on account of technical problems or traffic congestion on computer networks, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participating in the promotion or downloading any material for the Contest, or other telecommunications malfunctions which may limit an entrant's ability to participate. Sponsor may prohibit an Entrant from participating in the Contest or winning the Prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Entrants or Sponsor representatives. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of the Contest is a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. If for any reason this Contest is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the promotion, then Sponsor reserves its right at its sole discretion to cancel, terminate, modify or suspend the Contest.
12. Further Liability Limitations:
To the maximum extent permitted by law, in no event will SPONSOR be responsible or otherwise liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages related to the promotion, including any access to or use of the website or any downloading from or printing material from the website. Everything on the website is provided “as is” without warranty of any kind, either expressed or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow limitations or exclusions of liability for incidental or consequential damages or exclusion of implied warranties so some of the above limitations or exclusions may not apply. Sponsees agree that all prizes are provided “as is” without any warranty, representation, or guarantee, express or implied, in fact or in law, whether now known or hereinafter enacted, relative to the use or enjoyment of the sponsorship elements, including, without limitation, its quality, merchantability, or fitness for a particular purpose. Further, no responsibilities are accepted for any additional expenses, omissions, delays, or re-routing resulting from any acts of any government or authority.
Except where prohibited, Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest or any sponsorship awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate state or federal court located in North Carolina (ii) any and all claims, judgments and awards on behalf of Entrant shall be limited to actual out-of-pocket costs incurred, if any, including costs associated with entering this Contest, but in no event attorneys’ fees, and in no event to exceed two hundred fifty dollars ($250); and (iii) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased; and (iv) this Contest and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the internal laws of the State of North Carolina without giving effect to its conflicts of law or choice of law principles or rules that would cause the application of any other state’s laws.
14. Odds of Winning:
Odds of winning depend on the number of eligible entries received for this contest and ability to meet selection criteria.
15. Addendum Contract:
40 WHACKS WITH AN AXE, LLC
This sponsorship agreement is between 40 Whacks with an Axe LLC (the “sponsor”), address: ______ and sponsee address: __________________
This agreement, dated ______, will extend through the end of the 2022 WATL Season, defined as through the end of the World Championships which are scheduled to complete on December 1st, 2022. Compensation for sponsor to sponsee is _____. In consideration of this compensation, during the sponsorship period, the parties agree to the following terms:
Sponsee agrees to display sponsor’s logo on the front chest area of sponsee’s WATL jersey, to be worn at any major tournaments as defined by WATL in which the sponsee participates.
The sponsee shall actively promote the sponsor in social media and any interviews in which sponsee might participate.
The sponsee and sponsee’s immediate family has the right to use the sponsor’s logos to show the sponsor's connection to the sponsee.
Sponsor will compensate sponsee by $____ cashier’s check delivered on _____.
Sponsor will provide up _____ in products chosen by sponsee in the online store for sponsee to wear at other events than major tournaments at the discretion of sponsee.
The parties in this agreement are independent contractors and not partners, employer-employee, or joint venturers.
Neither sponsor nor sponsee shall speak in a derogatory manner about each other.
This agreement is governed by the laws of North Carolina.
This agreement constitutes the entire agreement between the parties and any oral representations are not part of this agreement.
Representative of 40 Whacks with an Axe, LLC
16. SPONSORSHIP ADDENDUM/RULES CHANGE
On September 16, 2022, 40 Whacks with an Axe LLC (the “sponsor”) changed the terms of the PRO Division Sponsorship Category. The original language, located under 5 (1b) states:
There will be two sponsees in this division: one (1) male and one (1) female with the highest score in their respective category. In the event of no applicants in a gender, that gender's sponsorship will not be awarded.
When forming the 2022 Sponsorship criteria, the Sponsor failed to recognize that for the 2022 WATL season, there are no female participants in the Winter, Spring, and Summer Leagues who maintained an overall average of over 55 across the three league seasons. Therefore, we are altering the selection criteria to choose the two top scoring throwers who apply for the PRO Division regardless of gender.