Terms – PPA Predictor

Terms and Conditions

THIS CONTEST IS VOID WHERE PROHIBITED BY LAW.

NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN.

The PPA Pick’em Contest (“Contest”) is a promotional contest where entrants answer featured questions before each PPA Tour Tournament (“Tournament”) held during the 2024 PPA Tour season. Entrants who decide to participate by correctly answering the questions provided and completing the Registration will earn points (further described in Section 4) for a chance to win a Prize (as further described in Section 10). For clarity, Points will only be awarded for questions that have been answered correctly. The Contest is administered by PB Operations, LLC, 2100 Ross Ave. Suite 550, Dallas TX 75201 (the “Administrator”).

1. Contest Period: The PPA Pick’em Contest will begin on March 6, 2024 and run through the remainder of the 2024 PPA Tour Season (“Contest Period”). The PPA Pick’em Contest will consist of individual tournament contests (“Tournament Contest”). The Tournament Contests will be available at least 72 hours prior to the start of professional play and will close on the first day of professional play of the tournament (“Tournament Period”).

2. Eligibility: The contest is open only to current legal residents of the fifty (50) United States and the District of Columbia who (i) are at least the age of majority or older in their jurisdiction of residence at the time of entry; and (ii) have a pickleball.com account as further described below (each such eligible entrant, an “Entrant”). Employees, officers, directors, members, representatives, and agents of the Administrator, the Professional Pickleball Association (“PPA”), and its parent and affiliate companies, licensors, and prize providers and any other person or entity associated with the development or administration of this Contest (collectively, the “Ineligible Entities”) as well as members of such employees’, officers’, directors’, members’, representatives’, and agents’ immediate families, namely spouses, children, siblings and parents, and/or persons living in the same household of such persons (at least three (3) months a year, whether or not related) are not eligible to enter this contest or win a prize. The Contest is subject to all applicable federal, municipal, and local laws and regulations and is void where prohibited.

3. Agreement to be legally bound by rules: By participating in this Contest, you are signifying your agreement that you have read and agree to be legally bound by these Official Rules and Regulations (the “Rules”).

4. How to Register, Play, and Earn Points: No purchase necessary.

How to Register:

During the contest Period, an eligible Entrant must visit www.ppapickem.pickleball.com and click on the login button on the top of the screen. Once there, the Entrant will be prompted to enter an email address. If the email address is associated with an active pickleball.com account, the Entrant may enter their password to sign in. If the email is not registered to an active account, the Entrant may fill out the required information to create a new pickleball.com account (“Registration”). It is free of charge to register for a pickleball.com account. Complete Registration and profile information is required for valid entry and participation in this Contest.

How to Play/Make Picks:

After an Entrant has registered and set up their user profile, an Entrant may enter the game to participate in the Contest at any time during the Contest Period by answering the featured questions of a predictive nature relating to scheduled PPA Tour Tournaments. Entrants can then earn points throughout the Contest Period for each question they answer (each, a “Pick”) correctly. An Entrant can answer each question and make their Pick by clicking on one (1) of the choices provided for that question. Once a Pick has been selected, Entrants must click on “Complete” for their Picks to be submitted. Entrants may change their Picks at any time up until the time posted on the Tournament Contest which will lock in the Entrants answers (“Lock Time”).

Earning Points:

Each question has a set points value associated with that question if predicted correctly (“Points”). Each Entrant will earn (or score) the set Points value associated with that question based on the accuracy of their Picks as determined by the Administrator. Incorrect Picks will not earn any Points. Set Points value attributed to each question will be determined by the Administrator. Associated Points values are subject to change at the discretion of the Administrator prior to the deadline by which Picks must be made.

The objective of the PPA Pick’em Contest is to accumulate the most Points over the course of each Tournament Contest. At the end of each Tournament Contest period, Prizes will be awarded to the Entrant with the highest score (i.e., the most Points accumulated during each respective Tournament Contest), subject to the Tie Breaker Rules defined below in the event of any ties.

5. Determining Winners:

For each Tournament Contest, the highest scoring Entrant by cumulative Point score for the respective Tournament Contest will be declared the potential Tournament Contest Winner. Contest Winners after each PPA Tour Tournament will be determined at 10:00 am ET on the Monday following the close of each respective PPA Tour Tournament covered under this Contest.

In the event that there are no eligible Entrants with at least one (1) correct Pick for any of the respective Contests, the applicable Prize(s) (as described below) will not be awarded.

Tie Breaker Rules:

If more than one (1) Entrant is tied for the applicable Tournament Contest period, as the case may be, then at the PPA Corporate Office at 2100 Ross Ave, Dallas TX (or at an authorized remote PPA location if circumstances warrant), an Administrator representative will randomly select one (1) potential Prize Winner, with the use of a randomizer, for the applicable Tournament Contest from among such tied Entrants to determine the winner who will be declared the Prize Winner for that Tournament Contest.

6. Entry Conditions:

There is a limit of one (1) Entry per PPA Tour Tournament per registered pickleball.com account during the Tournament Period. If it is discovered by the Administrator (using any evidence or other information made available to or otherwise discovered by the Administrator) that any person has attempted to: (i) obtain more than one (1) Entry; and/or (ii) use multiple names, multiple identities, multiple Accounts, any automated, macro, script, robotic or other system(s) or program(s), and/or any other means not in keeping with the Administrator’s interpretation of the letter and spirit of these Rules to enter or otherwise participate in or to disrupt this Contest; then he/she may be disqualified from the Contest in the sole and absolute discretion of the Administrator. The Contest Parties, and each of their respective agents, shareholders, officers, directors, agents, employees, successors, and assigns (collectively, the “Released Parties”) are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed, incomplete or incompatible Entries (all of which are void).

An Entry may be rejected if, in the sole and absolute discretion of the Administrator: (i) the Entry (including, but not limited to, any associated Entry Materials) is not submitted and received in accordance with these Rules during the Contest Period; and/or (ii) the Entry Materials accompanying the Entry are not in compliance with these Rules (including, but not limited to, the specific Submission Requirements listed below) (all as determined by Administrator in its sole and absolute discretion).

7. Verification:

All Entries, Entry Materials and entrants are subject to verification at any time and for any reason. The Administrator reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Administrator – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Entry, Entry Materials and/or other information entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Administrator deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with the Administrator’s interpretation of the letter and spirit of these Rules. Failure to provide such proof to the complete satisfaction of the Administrator within the timeline specified by the Administrator may result in disqualification in the sole and absolute discretion of the Administrator. The sole determinant of the time for the purposes of this Contest will be the official time-keeping device(s) of the Administrator.

8. Submission Requirements:

BY SUBMITTING AN ENTRY, YOU AGREE THAT THE ENTRY (AND EACH INDIVIDUAL COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, THE ENTRY MATERIALS) COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE RELEASED PARTIES WILL BEAR NO LIABILITY WHATSOEVER REGARDING: (I) THE USE OF YOUR ENTRY (OR ANY COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, THE ENTRY MATERIALS); (II) PARTICIPATION IN ANY CONTEST-RELATED ACTIVITIES; (III) ANY USE, COLLECTION, STORAGE AND DISCLOSURE OF ANY PERSONAL INFORMATION; AND/OR (IV) IF DECLARED A WINNER, THE PRIZE (INCLUDING ANY USE OR MISUSE OF A PRIZE). THE RELEASED PARTIES SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT OTHERWISE FULLY COMPLIED WITH ANY OF THESE RULES AND THIS RELEASE AND INDEMNITY SHALL CONTINUE IN FORCE FOLLOWING THE TERMINATION OF THE CONTEST AND/OR AWARDING OF ANY PRIZES.

By participating in the Contest, each Entrant hereby warrants and represents that any Entry Materials he/she submits:

i. is/are original to him/her and/or that the entrant has obtained all necessary rights in and to the Entry Materials for the purposes of entering such Entry Materials in the Contest;

ii. does not violate any law, statute, ordinance or regulation;

iii. does not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence;

iv. will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party; and

v. is/are not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Administrator); content that endorses, condones and/or discusses any illegal, inappropriate or risky behavior or conduct; personal information of individuals unless consent to provide such information has been received, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Administrator; conduct or other activities in violation of these Rules; and/or any other materials that are or could be considered inappropriate, unsuitable or offensive, all as determined by the Administrator in its sole and absolute discretion.

The Administrator reserves the right to screen all Entry Materials. Any Entry Materials that the Administrator deems, in its sole and absolute discretion, to violate the terms and conditions set forth in these Rules are subject to disqualification. The Administrator reserves the right, in its sole and absolute discretion at any time and for any reason, to remove any Entry Materials (or any part thereof) where possible and/or to request an entrant to modify, edit and/or re-submit his or her Entry Materials (or any part thereof) in order to ensure that the Entry Materials comply with these Rules, or for any other reason. If such an action is necessary at any point during or after the Contest, then the Administrator reserves the right, in its sole discretion, to take whatever action it deems necessary based on the circumstances – including, without limitation, disqualifying the Entry Materials (and therefore the corresponding Entry and/or the associated entrant) – to help ensure that the Contest is being conducted in accordance with the Administrator’s interpretation of the letter and spirit of these Rules.

9. License:

By entering the Contest and submitting an Entry, each entrant: (i) grants to the Administrator, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Entry Materials (and each component thereof), in whole or in part, for advertising or promoting the Contest or for any other reason; (ii) waives all moral rights in and to his/her Entry Materials (and each component thereof) in favor of the Administrator (and anyone authorized by the Administrator to use such Entry Materials); and (iii) agrees to release and hold harmless the Administrator and all of the other Released Parties from and against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Entry Materials (or any component thereof), including, without limitation, any claim based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related or other cause of action whatsoever.

10. Prize:

For each Tournament Contest, there is one (1) Prize to be won. The Prize consists of 2 PPA Tour Weeklong Courtside Passes to a PPA Tour Tournament of your choice, subject to Administrator’s determination of Tournament availability. The Entrant must give the Administrator at least a 30 day notice to coordinate the tickets for the Entrant’s choice of Tournament. Hotel, flights, and other travel expenses are not included. The Prize has an approximate retail value of USD$300. Ticket delivery to be coordinated by an Administrator representative following winner verification. Under no circumstances whatsoever will any difference between the actual and approximate retail value of the Prize be awarded.

The winner is solely responsible for payment of any applicable taxes and reporting any taxable income associated with the Prize.

Without limiting the generality of the foregoing, the following general conditions apply to the Prize: (i) Prize must be accepted as awarded and is not transferable, assignable and/or convertible to cash (except as may be specifically permitted by Administrator in its sole and absolute discretion); (ii) no substitutions are permitted, except at Administrator’s option; (iii) if the confirmed winner do not utilize any part(s) of the Prize, then any such part(s) not utilized may, in the sole and absolute discretion of the Administrator, be forfeited in their entirety and, if forfeited, nothing will be substituted in their place; (iv) Administrator reserves the right at any time to: (a) place reasonable restrictions on the availability or use of the Prize or any component thereof; and (b) substitute the Prize or a component thereof for any reason with a prize or prize component(s) of equal or greater retail value, including, without limitation, but solely at the Administrator’s sole discretion, a cash award; and (v) by accepting the Prize, the confirmed winner agrees to waive all recourse against the Released Parties if the Prize or a component thereof does not prove satisfactory, either in whole or in part.

The Released Parties are not responsible for any delay, postponement, suspension, rescheduling or cancellation, for any reason, of any aspect of a Prize – including but not limited to games. Neither the confirmed winner nor his/her guests nor any other person or entity will be compensated in the event of such delay, cancellation or other event contemplated herein. The Administrator will not replace any lost or stolen tickets.

None of the Released Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of the Prize awarded in connection with the Contest. To the fullest extent permitted by applicable law, the confirmed winner understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from either the Administrator or any of the other Released Parties should his/her Prize fail to be fit for its purpose or is in any way unsatisfactory.

By entering this Contest and accepting the Prize, the confirmed winner agrees to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any Contest or prize-related activity, including at the games. The confirmed winner understands and agrees that Administrator or prize providers have the right, in their sole discretion, to disqualify and remove the confirmed winner and guests from any activity at any time if the confirmed winner’s or guests’ behavior at any point is uncooperative, disruptive, or may or does cause damage to person, property, or the reputation of any Contest Parties or otherwise violates the policies of the prize providers, and in such a case, the Prize winner will still be solely responsible for all expenses related to the prize.

In connection with attendance at the PPA Tour Tournaments, the confirmed winner agrees that stadium/venue policies, PPA policies, state/federal guidelines and the recommendations of health officials must be followed. In addition, the confirmed winner and guests should be aware of and comply with government guidelines regarding travel restrictions and mandatory quarantines before and after travel (if applicable). Please note that any public location where people are present provides an inherent risk of exposure to COVID-19, and the Contest Parties cannot guarantee that any person will not be exposed during a visit.

11. Eligible Winner Notification Process:

The Administrator or its designated representative will make a minimum of three (3) attempts to contact the eligible winner by email within five (5) business days of the date a winner was selected. If the eligible winner cannot be contacted as outlined above, or if there is a return of any notification as undeliverable; then he/she may, in the sole and absolute discretion of the Administrator, be disqualified (and, if disqualified, will forfeit all rights to the Prize) and the Administrator reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant for the Prize from among the remaining eligible Entries submitted and received in accordance with these Rules.

12. Eligible Winner Confirmation Process:

NO ONE IS A WINNER UNLESS AND UNTIL THE ADMINISTRATOR OFFICIALLY CONFIRMS HIM/HER AS THE WINNER IN ACCORDANCE WITH THESE RULES. BEFORE BEING DECLARED AS A CONFIRMED PRIZE WINNER, each eligible winner will be required to: (a) confirm that they are able to use the Prize; and (b) sign and return within five (5) business days of notification the Administrator’s declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of and ability to use the Prize (as awarded); (iii) releases the Sponsor and all of the other Released Parties from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of his/her Prize or any portion thereof; (iv) agrees to indemnify the Released Parties against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Entry Materials or any portion(s) thereof; and (v) agrees to the publication, reproduction and/or other use of his/her name, city/province/territory of residence, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Administrator in any manner or medium whatsoever, including print, broadcast or the internet.

If the eligible winner: (a) fails to return the properly executed Contest documents within the specified time; (b) cannot accept (or is unwilling to accept) or cannot use the Prize (as awarded) for any reason; and/or (c) is determined to be in violation of these Rules (all as determined by the Administrator in its sole and absolute discretion); then he/she will be disqualified (and will forfeit all rights to the Prize) and the Administrator reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant for the Prize from among the remaining eligible Entries submitted and received in accordance with these Rules in accordance with the procedures outlined (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner).

13. General Conditions:

This Contest is subject to all applicable federal, state and local laws. The decisions of the Administrator with respect to all aspects of this Contest are final and binding on all entrants without right of appeal. ANYONE DEEMED BY THE ADMINISTRATOR TO BE IN VIOLATION OF THE ADMINISTRATOR’S INTERPRETATION OF THE LETTER AND/OR SPIRIT OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE ADMINISTRATOR AT ANY TIME.

The Released Parties will not be liable for: (i) any failure of any website or any platform during the Contest; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Entry, Entry Materials and/or other information to be received, captured or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the internet or at any website; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating in the Contest; (v) anyone being incorrectly and/or mistakenly identified as a winner or eligible winner; (vi) any stolen, lost, late, misdirected, damaged Prizes, and/or (vii) any combination of the above.

All decisions of the Administrator in connection with this Contest shall be binding and final in all respects. Administrator reserves the right to terminate, cancel, suspend and/or modify the contest if intervening circumstances warrant, within Administrator’s sole discretion, due to any fraud, virus or other technical problem which corrupts the administration, security, or proper entry into the contest, or for any other reason. In such event, Administrator reserves the right to award the applicable Prize from among the eligible Registrations/Picks received up to the time of the termination, cancellation, suspension and/or modification. Administrator reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the contest may be a violation of criminal and civil law, and should such an attempt be made, Administrator reserves the right to seek damages from any such person to the fullest extent permitted by law. Administrator’s failure to enforce any term or provision of these Official Rules shall not constitute a waiver of that term or provision. In case of dispute as to the owner of an Entry, the Entry will be deemed to have been submitted by the authorized account holder of the email address from which the Entry is made. The “authorized account holder” is defined as the natural person who is assigned an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses or the domain associated with the submitted email address. A potential Prize Winner may be requested to provide the Administrator or its designees with proof that the potential Prize Winner is the authorized account holder of the email address associated with a winning Entry. If a dispute cannot be resolved, the Entrant will be deemed ineligible, and an alternate potential Prize Winner may be selected in Administrator’s sole discretion in accordance with Section 6 above. This contest is in no way sponsored by any of the other Ineligible Entities except for Administrator. Any questions, comments, or complaints regarding the contest should be directed to the Administrator.

14. Publicity:

Except where legally prohibited, participation in the Contest and acceptance of a Prize constitutes each Prize Winner’s agreement and consent to Administrator’s and its affiliates’, agents’ or affiliated third parties' use of such Prize Winner’s name, likeness, photograph, voice, opinions and/or hometown & state, for promotional purposes in any media now known or hereafter devised, worldwide, without further payment or consideration, notice, review or approval.

15. Disputes:

All claims, disputes, controversies, differences or other matters in question arising out of the Contest shall be resolved by binding arbitration in Dallas, Dallas County, Texas, in accordance with the Commercial Arbitration Rules of the American Arbitration Association, by one or more arbitrators chosen in accordance with Commercial Arbitration Rules. The decision of the arbitrator(s) shall be final, conclusive and binding on the parties and judgment may be entered thereon in the District Court of Dallas County, Texas, to enforce the decision.

Except where prohibited by law, Entrants agree that (i) any and all such disputes, claims, and causes of action shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; (iii) under no circumstances will Entrants be permitted to obtain awards for, and Entrants hereby waive all rights to claim, indirect, punitive, incidental, consequential and/or any other damages, other than actual out-of-pocket expenses; (iv) they waive any and all rights to have damages multiplied or otherwise increased; (v) they irrevocably consent to the personal jurisdiction of the aforesaid courts, as applicable to each such Entrant, and waive any claim of forum non conveniens or lack of personal jurisdiction that they may have; and (vi) if any provision of these Official Rules is declared invalid or unenforceable, such provision will be deemed modified to the extent necessary and possible to render it valid and enforceable, and that in any event, the unenforceability or invalidity of any provision will not affect any other provision of these Official Rules, and these Official Rules will continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as described above, as the case may be.

16. Privacy:

Information collected from Entrants is subject to Administrator’s Privacy Policy at https://pickleball.com/privacy-policy . Personal information will be used by Administrator in connection with the administration of this Contest, including to notify Entrants, verify and confirm the winners and award prizing, and as otherwise described in Administrator’s Privacy Policy at https://pickleball.com/privacy-policy . With your consent or as otherwise permitted by applicable law, we may also use and share your information to provide you with news and offers about PPA, its affiliates and business partners. There is no cost to subscribe to receiving marketing materials and you may unsubscribe from receiving marketing materials at any time without impacting your chances of winning in this Contest. Entrants are advised that personal information collected will be stored on servers located in the United States and may be accessible to U.S. law enforcement, courts and other governmental institutions pursuant to the laws of the United States.