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Official Rules

Ultimate Mountaineer Fan Promotion 

Official Rules 

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. 

1. Eligibility: You were selected by West Virginia University to participate in the 2023 Ultimate Mountaineer Fan Promotion (the “Promotion”) because you were a previous winner of an Ultimate Mountaineer Fan Contest. Only individuals who previously won an Ultimate Mountaineer Contest are eligible to participate in the 2023 Promotion. The Promotion is open only 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 and who did not purchase any equipment for the purpose of entering this Promotion. Employees of West Virginia University, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. Persons considered to be recruitable student-athletes are not eligible to win prizes due to NCAA regulations. The Promotion is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. The Promotion contains the Ultimate Mountaineer Fan Contest ("Contest"). 

2. Sponsor/Administrator: West Virginia University, Morgantown, WV 26506 is the Promotion Sponsor and Promotion Administrator. 

3. Agreement to Official Rules: By participating in the Promotion, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor and Administrator, which are final and binding in all matters related to the Promotion. Whether an entrant receives a prize is contingent upon fulfilling all requirements set forth herein. 

4. Timing: Round 1 of the Promotion begins on February 8, 2023 at 10:00 a.m. Eastern Time ("ET") and ends on February 13, 2023 at 4:00 p.m. ET. Round 2 of the Promotion begins on February 15, 2023 at 11:00 a.m ET. and ends on February 18 at 4:00 p.m. ET. Round 3 of the Promotion begins on February 20, 2023 at 11:00 a.m ET. and ends on February 24 at 4:00 p.m. ET (the "Promotion Period"). Administrator's computer is the official time-keeping device for the Promotion. 

5. The Contest: Participants must show their Mountaineer pride and promote themselves to be selected as the 2023 Ultimate Mountaineer Fan. The Participants will be matched up against each other and compete to receive votes. The winners of the matchups in Round 1 will be move to Round 2. The winners of the Round 2 matchups will move on to the final Round 3 matchup. Participants may promote themselves on social media in order to receive votes, but Participants must do so in a respectful and positive manner. West Virginia University reserves the right, at its sole discretion, to disqualify Participants who fail to promote themselves in a respectful and positive manner and/or fail to demonstrate West Virginia University’s core values. Participants are not permitted to promote themselves in a manner that is disparaging toward other Participants. All social media posts and/or other promotional material by the Participants must meet the following requirements (the “Content Requirements”):

  • It must not be created or submitted by any individual or entity under a contractual, employment, or other obligation to any other individual or entity to provide the types of materials solicited hereunder;
  • It must not contain any material owned by a third party; 
  • It cannot be defamatory or discriminate, as determined in the sole discretion of the Sponsor;
  • It cannot directly promote or speak negatively about any particular faith, political action, legislation, or party or encourage the violation of any law, as determined in the sole discretion of the Sponsor;
  • It cannot be sexually explicit, pornographic, violent (e.g., relating to murder, weapons, cruelty, abuse, etc.), or depict prominently tobacco or alcoholic products, as determined in the sole discretion of the Sponsor;
  • It cannot depict or encourage illegal behavior (e.g., underage drinking, substance abuse, computer hacking, etc.), as determined in the sole discretion of the Sponsor;
  • It cannot be offensive, threatening, profane, harassing, or otherwise objectionable, as determined by the Sponsor in its sole discretion;
  • It cannot include website links, phone numbers, license plates or personally identifiable information for any individual or entity or otherwise violate the privacy rights of any individual or entity;
  • It cannot include images or references to commercial products, third party trademarks, trade dress, logos or signage, or otherwise violate any law or infringe any third party's rights, including without limitation, those concerning copyrights and trademarks;
  • It must comply with these Official Rules. 
A ll Submission Posts that fail to meet the Content Requirements will be automatically disqualified and not eligible for prizing of any kind. 

All entries become the property of Sponsor and will not be acknowledged or returned. 

Limits: Use of any automated system to participate or influence voting results is prohibited and will result in disqualification.

6.  All potential winners are subject to verification by Sponsor/Administrator, whose decision is final and binding in all matters related to the promotion. An entrant is not a winner of any prize, even if the Promotion should so indicate, unless and until entrance eligibility, and the potential winning play have been verified and entrant has been notified that verification is complete. Sponsor will not accept screenshots or other evidence of winning in place of its validation process. Any submission that occurs after the system has failed for any reason is deemed a defective entry and is void and will not be honored.

7. Winner Determination: 

  1. During each round of the contest, the public will be asked to vote at ultimatemountaineerfan.com for the contestant they believe is the Ultimate Mountaineer Fan. Round 1 voting will begin on February 8, 2023 at 10:00 a.m. Eastern Time ("ET") and ends on February 13, 2023 at 4:00 p.m. ET. Round 2 voting begins on February 15, 2023 at 11:00 a.m ET. and ends on February 18 at 4:00 p.m. ET. Round 3 voting begins on February 20, 2023 at 11:00 a.m ET. and ends on February 24 at 4:00 p.m. ET (the "Promotion Period"). The contenstant with the most votes will be declared the winner of each round and advance to the next round. Voting is open to anyone with internet access. Votes will be tallied by the website. Contenstants may campaign to earn the public vote. Campaigning must be fair, positive, and sportsmanlike. Finalists may not cast other Finalists in a poor light. If the Sponsor deems any campaigning not in compliance with these standards, the Finalist may be eliminated/disqualified from the Contest, in Sponsor’s sole discretion. Furthermore, if discrepancies or inconsistencies in voting are suspected by Sponsor/Administrator, the subject votes may be disqualified in the sole discretion of the Sponsor. 
  2. The Grand Prize Winner will be selected based on the highest number of votes received through the website. 
  3. Winner Requirements: The winner of the Contest will be announced no later than February 28, 2023, via West Virginia University social media channels. The Winner will also be notified by email or a phone call using the information provided to the Sponsor at the time of entry. Receiving a prize is contingent upon compliance with these Official Rules, including the requirements set forth in this provision. In the event of failure to comply, an alternate Winner may be selected. All Participants must sign and return an Affidavit of Eligibility and Liability Release, which must be received by Sponsor prior to February 6, 2023. If a potential winner cannot be contacted within 72 hours of the first attempted notice, fails to execute and return the Affidavit of Eligibility and Liability Release or provide any other requested information within the required time period (if applicable), or if the prize is returned as undeliverable, the potential winner forfeits the prize. If a potential Grand Prize Winner is disqualified for any reason, an alternate person will be selected by Administrator based upon the judging criteria set forth above. Acceptance of any prize shall constitute and signify the winner’s consent that Sponsor/Administrator and its designees may use the winner’s name, city, state, likeness, photo and/or prize information in connection with the Promotion for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permissio n or other consideration, except where prohibited by law. Prizes will be fulfilled by December 31, 2023.
Prizes: 

8. Prizes are sponsored by West Virginia University
  • ONE (1) GRAND PRIZE: The Grand Prize Winner will receive a shopping spree in which the winner gets to select WVU branded products up to an Approximate Retail Value (“ARV”) of $3,000.00 USD from specified West Virginia University retailers and licensees. The Grand Prize Winner will also receive WVU basketball experience for the March 4 game against K-State that includes: two (2) WVU basketball game tickets, pre-game facility tour, parking pass and pre game floor visit with Coach Huggins ARV of $500.00 USD. The list of specified retailers and eligible products to select from will be provided to the Grand Prize Winner upon award. The basketball game day experience will occur on March 4, 2023. If the actual value turns out to be less than the stated ARV, the difference will not be awarded in cash.
  • No cash equivalent and prize is non-transferable and no substitution will be made except as provided herein at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Additionally, Sponsor and Winner may mutually agree upon a prize substitution at Sponsor’s sole discretion. Winner is responsible for all taxes and fees associated with prize receipt and/or use. TOTAL ARV OF ALL PRIZES: $3,500.00 USD. 
9 .    Release: By receipt of any prize, the applicable winner agrees to release and hold harmless Sponsor/Administrator, and its respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent and affiliate companies and each such company’s and/or university’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize. You further acknowledge that the Promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram, Facebook, or Twitter and hereby release Instagram, Facebook, and Twitter from and against any claims or cause of action arising out of or related to the administration of or participation in the Promotion or receipt or misuse of any prize. 

10. General Conditions: Sponsor/Administrator reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, or disqualify any participant, if any fraud, technical failures, human error, or any other factor impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. In such event, Sponsor/ Administrator may, in its sole discretion, determine the Contest winner from among all non-suspect, eligible entrants. Sponsor/Administrator, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the voting process or the operation of the Promotion or to be acting in violation of these Official Rules or those of any other promotion or in an unsportsmanlike or disruptive manner and void all associated Votes. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor/ Administrator reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor/Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

11. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any prize. If for any reason an entrant's entry or Submission is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is re-submission, if possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes.

12. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court in the State of West Virginia; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of West Virginia without giving effect to any choice of law or conflict of law rules which would cause the application of the laws of any jurisdiction other than the State of West Virginia.

13. Entrant’s Personal Information: Information collected from entrant may be used by Administrator to share information with entrant about future contests and other marketing initiatives involving West Virginia University. Additionally, Administrator/Sponsor may provide the information collected from entrant to the Collegiate Licensing Company, LLC to facilitate prize fulfillment.

14. Winner List: For a winner list, please send a self-addressed stamped envelope to WVU Brand and Trademark Licensing, 48 Donley Street, #351, Morgantown WV 26506.
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