Ziynx

GAME ON!

Join ZIYNX and Take Your Shot at a chance to win $500 when you create your character profile. Starting, Monday, January 30th for six (6) consecutive weeks, we will select a winning "Athlete of the Week" who will receive the $500 prize.

HERE'S HOW IT WORKS:

1. Upon signing up and creating an account on ZIYNX every athlete is entered into the Take Your Shot Challenge (the “Contest”)

2. Each time you upload your My Shot video on ZIYNX during the contest period you will be entered into the challenge. A user can enter multiple times by uploading a new My Shot each week but can only win once.

3. If a user signed up prior to the start of the contest, you can enter the contest by creating a new My Shot video.

4. ZIYNX will select (5) finalists each week and (1) weekly winner will be announced the Tuesday of the following week. The winner’s criteria will be selected based on the following:

a. 70% My Shot

b. 30% Complete Profile

TAKE YOUR SHOT CHALLENGE OFFICIAL CONTEST RULES:

Sponsored by ZIYNX

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. THE CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET, OR WHERE THE METHODS OF ENTRY SET FORTH BELOW WOULD BE DEEMED CONSIDERATION. WE MAY REJECT YOUR PARTICIPATION IN THIS CONTEST, IN OUR SOLE DISCRETION, IF YOU FAIL TO MEET ANY OF THESE ELIGIBILITY REQUIREMENTS.

By participating in the ZIYNX Take Your Shot Challenge Contest (the “Contest”), entrants agree to be bound by these Official Rules and the decisions of Next Act Group LLC, the operator of the ZIYNX platform (“Sponsor”). The Contest is subject to all applicable federal, state and local laws.

By entering the Contest, you agree that any information provided by you or collected by Sponsor in connection with the Contest may be used by Sponsor in accordance with Sponsor’s Privacy Policy found at  Privacy Policy and may be shared with Sponsor’s affiliated business entities.

This Contest is in no way sponsored, endorsed or administered by Instagram, Facebook, TikTok, or Twitter. Instagram, Facebook, TikTok, and Twitter are completely released of all liability by each Participant in this Contest.

SPONSOR:

The sponsor of Take Your Shot Challenge (the “Contest”) is ZIYNX a platform provided and operated by Next Act Group, LLC located at 420 Lexington Ave Suite 1402 POB 1033, New York, NY 10170

ELIGIBILITY:

The Contest is open only to individuals who (a) have competed at the collegiate, Olympic, or professional athlete level (b) are at least eighteen (18) years old at the time of entry; (c) are residents of the 50 United States and the District of Columbia; and (d) have completed each of the entry procedures in the HOW TO ENTER section set forth below. Individuals who meet the criteria in the preceding sentence are each considered an “Entrant.”

Entrants may not be an employee, shareholder, officer, director, agent or representative of Sponsor, nor can an Entrant be the Immediate Family Members and/or Household Member of such persons. For purposes of the Contest, "Household Members" shall mean those people who share the same residence at least three (3) months a year; "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses.

Sponsor reserves the right to disqualify any Entrant that Sponsor determines to be in violation of any term contained in these Official Rules. Sponsor's decision not to enforce a specific provision of these Official Rules does not constitute a waiver of that provision or of the Official Rules generally.

CONTEST PERIOD:

The Contest begins at 12:01 AM Eastern Time on January 30, 2023 and ends at 11:59 PM Eastern Time on March 12, 2023 (the “Contest Period”).

PRIZE:

Each week during the Contest Period, one winner will be selected to win a $500 prize (each, a “Prize”). There are a total of (6) $500 prizes that will be awarded for a total of $3,000.00.

In no event shall the Sponsor be obligated to award any prizes other than the Prize specified in these Official Rules. The Prize is non-transferable and no substitutions are permitted, except that Sponsor reserves the right to substitute a prize of equal or greater monetary value for any Prize if such Prize should become unavailable for any reason. Winners shall be responsible and liable for all federal, state and local taxes on the value of the Prize.

HOW TO ENTER:

No purchase or payment is necessary to participate in the Contest. During the Contest Period, you may enter by performing one of the actions below (each, once submitted, a “Submission”):

• If you create a ZIYNX account during the Contest Period, you will automatically be entered into the Contest.

• If you upload a My Shot to your ZIYNX profile during the Contest Period, you will automatically be entered into the Contest for that given week.

• If you already have an existing account or if you have existing My Shot videos, you may enter by reposting or posting a new My Shot video.

Each Submission that is entered into the Contest must meet the following submission requirements (any Submission that, in Sponsor’s sole and absolute direction, violates the following criteria will be disqualified):

• The My Shot cannot include images of other people without permission from said person and cannot include materials that violate or infringe another person's rights, including, but not limited to, privacy, publicity or intellectual property rights.

• The My Shot cannot contain material which is (or promoting activities which are) or may be construed as obscene, violent, discriminatory, illegal, offensive, threatening, profane, harassing, or in any way violates ZIYNX platform terms and conditions.

Sponsor expressly reserves the right to disqualify any entries that it believes in good faith are duplicates, generated by an automated means or scripts.

NUMBER OF SUBMISSIONS:

A user can enter multiple times if they want to upload a new My Shot, but can only win once.

WINNER SELECTION AND NOTIFICATION:

The selection of weekly winners during the contest period will be conducted by ZIYNX, whose decision on all matters relating to the challenge will be final. Winners will be notified via email to the email address they entered when completing their profile in the ZIYNX app within three (3) days following the winner selection. ZIYNX shall have no liability for a winner's failure to receive notices due to winners' spam, junk e-mail or other security settings or for winners' provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within (10) days from the time award notification was sent an alternate winner will be selected.

PRIZES AND ODDS:

Weekly winners will receive a prize of $500 cash. Odds of winning during any week depend on the number of eligible entries received during that weekly entry period. The prize is non-transferable and must be accepted as awarded. Any and all prize related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the winner. No substitution of prize or transfer/assignment of prize to others is permitted. Acceptance of prize constitutes permission for ZIYNX to use the winner's name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.

PUBLICITY RELEASE:

By making a Submission, you irrevocably permit, authorize, grant, and license ZIYNX and its affiliates, successors, and assigns, and their respective licensees, advertising agencies, promotion agencies, and fulfillment agencies, and the employees, officers, directors, and agents of each and all of them ("Authorized Persons"), the rights to display, exhibit, transmit, broadcast, photograph, digitize, otherwise use, and permit others to use your Submission, name, image, likeness, appearance, personal biographical information, and all materials created by or on behalf of ZIYNX that incorporate any of the foregoing in perpetuity throughout the universe in any medium or format whatsoever now existing or hereafter created, including but not limited to use on the World Wide Web, on any platform and for the purposes of marketing and promoting the Contest or ZIYNX without further consent from or royalty, payment, or other compensation to you ("Materials"). ZIYNX shall be the exclusive owner of all rights, including copyright, in the Materials. By making a Submission, you irrevocably transfer, assign, and otherwise convey to ZIYNX my entire right, title, and interest, if any, in and to the Materials and all copyrights and other intellectual property rights in the Materials arising in any jurisdiction throughout the universe in perpetuity. By making a Submission, you acknowledge and agree that you have no right to review or approve Materials before they are used by ZIYNX. ZIYNX has no obligation to create or use the Materials or to exercise any rights given by this Agreement.

RELEASE TO USE SUBMISSIONS:

By making a Submission to the Sponsor, you grant Sponsor a perpetual, royalty-free license to use, sublicense, reproduce, modify, publish, distribute, and otherwise exercise all copyright and publicity rights with respect to the My Shot or your profile at its sole discretion. If you do not wish to grant Sponsor these rights, DO NOT make a submission. Sponsor reserves the right to select, edit and arrange the content, and to remove the content from the Sponsor website or social media pages at any time at its sole discretion. Entrants warrant they own all rights to the content in their My Shot contents. Entrants will indemnify and hold Sponsor and its affiliates harmless from and against any and all loss, damage, costs and other expense arising out of claims, whatever their nature, including but not limited to libel, defamation, invasion of privacy or right of publicity, infringement of copyright or trademark, misuse, distortion, blurring, alteration, optical illusion or use in composite form, either intentionally or otherwise, resulting directly or indirectly from breach of this warranty. It is the discretion of Sponsor to decide whether and how to use the My Shot.

Nothing herein shall be construed to obligate Sponsor to produce, distribute or use any of the rights granted herein. Entrant acknowledges and agrees that Entrant has received adequate consideration for the rights and releases granted in this agreement.

WINNER SELECTION:

The Prize winners will be selected by judges appointed by the Sponsor. Each week, the judges shall pick five finalists and the winners shall be announced on Tuesday, beginning February 7, 2023 and ending March 14, 2023. Judges will select the winners based on the Entrants’ My Shot content (70% weighted) and the Entrants’ completed ZIYNX profile (30% weighted). Judges’ decisions are final and binding with respect to all matters relating to this contest.

To receive a complete list of winners or a copy of the Official Rules, within six (6) months after the end of the Contest Period, email us at [email protected],  or send a self-addressed stamped envelope to 420 Lexington Ave Suite 1402 POB 1033, New York, NY 10170 Attn: “Ziynx™ Take Your Shot Challenge Winner List”

ODDS:

The odds of winning depend on the number of entries received and on the opinions of the judging panel.

WINNER NOTIFICATION AND CLAIMING THE PRIZE:

Each potential winner will be notified by email to the contact information listed in connection with Entrant’s ZIYNX account or directly through the ZIYNX platform; provided, however, that Sponsor reserves the right to determine an alternate method of notification.

The potential winner must claim their respective Prize by responding within three (3) days to the message they receive from Sponsor notifying them of such Prize, and may be required to (i) execute and return an affidavit of eligibility and liability and publicity release for themselves within the same three (3) day period. If a potential winner: (i) does not return the required documents within the specified three (3) day limit, (ii) is unreachable or (iii) is not in compliance with these Official Rules, such potential winner will have forfeited the Prize and, at Sponsor’s discretion, select a new Prize winner, subject to these Official Rules. If an entrant is found to be ineligible, Sponsor shall select a new Prize winner, subject to these Official Rules.

GENERAL CONDITIONS AND RELEASES:

By entering the Contest or accepting a Prize, you agree to conform to all federal, state and local laws and regulations. Winner may be required in Sponsor’s sole discretion to complete relevant tax forms as a condition to the delivery of the applicable prize. Winner may also be required to furnish proof of identity, address and birth date in order to receive a Prize.

Sponsor and each of its respective parents, affiliates, subsidiaries and advertising and promotion agencies and all of its respective officers, directors, employees, representatives and agents (collectively, “Released Parties”) are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, or garbled entries or email; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the Prize or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to Entrant’s or to any other person's computer related to or resulting from participating in this Contest or downloading materials from or use of the Sponsor’s website.

By entering the Contest, you agree to and hereby do release and hold harmless Sponsor and its respective parents, subsidiaries and affiliated entities, directors, officers, employees, attorneys, agents, and representatives from any damage, injury, death, loss, claim, action, demand, or other liability (collectively, “Claims”) that may arise from your acceptance, possession and/or use of any Prize or your participation in this Contest, or from any misuse or malfunction of any Prize awarded, regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter. Any person attempting to defraud or in any way tamper with this Contest may be prosecuted to the full extent of the law. Sponsor reserves the right to modify these Official Rules in any way or at any time. In the event of cancellation or suspension, Sponsor shall promptly post a notice on Sponsor’s website to such effect.

Persons who tamper with or abuse any aspect of the Contest or Sponsor’s website, who are in violation of these Official Rules or who act in a disruptive manner, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, select the potential winner for the Prize at issue from all eligible, non-suspect entries received for such Prize during the period prior to action taken or as otherwise deemed fair and appropriate by Sponsor.

Entrants, by participating, agree that the Released Parties will have no liability whatsoever for, and shall be held harmless by entrants against, any liability, for any injuries, losses or damages of any kind, including death, to persons, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any Prize or participation in this Contest. By receipt of a Prize, each winner agrees to release, indemnify, and hold harmless the Released Parties from and against any claim or cause of action, including, but not limited to, injuries, losses, death, or damage of any kind, resulting from participation in the Contest or receipt or use or misuse of any Prize.

THE PRIZE IS AWARDED “AS IS” AND SPONSOR DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE PRIZE.

NOTWITHSTANDING ANYTHING ELSE HEREIN OR OTHERWISE, SPONSOR AND/OR ITS VENDORS SHALL NOT BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, GOODWILL, OR ANTICIPATED PROFITS), (B) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, AND/OR (C) ANY MATTER BEYOND SUCH PARTIES’ REASONABLE CONTROL.

INDEMNITY:

The Entrant shall indemnify, defend and hold harmless the Released Parties from and against any and all claims, damages, actions, liability, loss, injury or expense, including reasonable attorneys’ fees and costs, arising out of or in connection with: (a) Entrant’s participation in the Contest; (b) a breach or allegation which if true would constitute a breach, of any of Entrant’s representations, warranties or obligations herein; and (c) acceptance, possession, grant, or use of any prize, including without limitation, personal injury, death and property damage arising therefrom.

GOVERNING LAW:

This Contest is governed by the laws of the United States and the State of New York, without respect to any choice of law or conflict of law principles that would result in the application of any law other than that of New York.

DISPUTES:

As a condition of participating in this Contest, Participants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Contest, shall be resolved individually through binding arbitration, without resort to any form of class action, only in New York, New York, by and under the Streamlined Arbitration Rules and Procedures of JAMS, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, Sponsor may seek equitable relief in any court of competent jurisdiction. If any provision of these rules is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these rules otherwise remain in full force and effect and enforceable.

QUESTIONS:

If you have any questions regarding the Contest, send an email to [email protected]  with the subject line “Take Your Shot Challenge.”

Take Your Shot.

Take Your Shot.

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