TERMS AND CONDITIONS FOR WHAPP! SPORTS 3-POINT SHOT TOURNAMENT!

THIS EVENT IS DESIGNED AS A SKILL CONTEST. THERE IS A FEE TO PARTICIPATE IN THE TOURNAMENT WHICH CURRENTLY STARTS AT $95 PER CONTESTANT.

1. REGISTRATION PERIOD:
The Registration Period (the “Registration Period”) for the THIS PROMOTION IS DESIGNED AS A SKILL CONTEST. THERE IS A FEE TO PARTICIPATE IN THE TOURNAMENT.



1. REGISTRATION PERIOD:


The Registration Period (the “Registration Period”) for the Whapp! Sports 3-Point Shot Tournament (the “Tournament”) begins on January 22, 2022, at 9 a.m. Pacific Standard Time (“PST”) and is scheduled to end on January 20, 2022 at 10.00 p.m. PST, in accordance with these Official Rules and Regulations (the “Rules”).

Registration for the events (as described below) will open approximately one (3) months prior to the event date. Registration will close on or about the Friday prior to the event date. Whapp! Sports reserves the option to continue taking reservations up until tip-off of the event and may charge above the standard $99 entry fee.

2. ELIGIBILITY:
The Tournament is open to (i) men and women; and (ii) those who are at least 18 years of age or older and have reached the legal age of majority in their state, province, or country of residence at the time of entry. There are four (4) divisions/brackets of Team competition in the Tournament: Men, Women, Wheelchair participants, and Senior Citizens over 60-years of age on the date of the tournament.

RULES OF THE CONTEST:
The tournament will consist of contestants competing in a three-point shot contest from a distance of 24-feet from the center of the basketball goal. Any measurements that are slightly different or mistakenly mismeasured that are not an exact 24-feet in length from the center of the goal, basket, or sideline will not affect play or the outcome of this event. Unless otherwise stated by the Whapp! Sports committee, the opening round will consist of participants making one of three shots from a 24-foot distance. If a participant makes one of the three baskets then he or she will advance to round two. If the participant misses all three shots in the opening round then, that participant will be eliminated and must leave the basketball court.

When a participant makes his or her very first shot in the opening rounds he or she will have the opportunity to make an additional nine shots in a row which will qualify him or her to automatically advance to the finals. If a participant makes a basket on a second or third attempt in the opening round, said participant will not be allowed to continue shooting in an effort to qualify for the finals. Only those players who make their very first shot in the opening round will qualify to continue shooting for a chance to be automatically entered into the finals.

However, the said player because he or she (gender assigned at birth) has made one of the three, three-point shots will advance into round two to compete against others in their division/bracket. The three-point shot rounds will continue until a total of twenty or five top players from each division/bracket remain standing in the tournament. Players who participate in the second or later induvial one-on-one knockout rounds who miss consecutive five shots in a row, a total of ten between the two will result in a double-disqualification of both players.

Whapp! Sports reserve the right to add additional players to divisions that do not have adequate representation.

TOURNAMENT PAYOUT

The $2,000 Whapp! Sports 3-Point Shot tournament prize payout is as follows.

1. 1,000 to the overall winner,
2. 200 to the second-place finisher
3. 150 to the third-place finisher
4. $100 to the fourth-Place finisher
5. $50 to the fifth-place finisher.

$250 per category (2) to the winner in the Senior and Wheelchair division with the opportunity to compete for the grand prize in the finals.

Players that show up an hour late to the beginning of the tournament or 30 minutes in any given round can be automatically disqualified from further competition per the decision of Whapp! Sports.

Employees, representatives, or agents (and those with whom such persons are living, whether related or not) of Whapp! Sports. (the “Sponsor”), and any other individual(s), entity or entities involved in the development, production, implementation, administration, or fulfillment of the Tournament (collectively, the “Tournament Parties”) are not eligible to participate.


NCAA COLLEGE ELIGIBILITY:
NCAA Division I, II, or III athletes are permitted to compete in the Tournaments, provided however that any participant(s) is excluded from receiving any prizes. Notwithstanding the foregoing, all athletes must first confirm with their respective athletic departments and universities/colleges to ensure there is no risk to eligibility by participating in one or more Events. Whapp! Sports in exchange for a cash prize will award college players with a scholarship through the Student Body Scholarship Association a 501c3 nonprofit organization in the amount of the cash prize. Again, it is up to any elementary, high school or college student who are currently attending or plan to attend a college or university in the future to contact the proper individuals, institutions or rule committees to ensure that his or her participation in the Whapp! 3-Point shot Tournament is acceptable and will not in any way jeopardize their student eligibility in any way henceforth or in the future.

WHAPP! SPORTS, ITS AFFILIATES OR ITS SPONSORS ARE NOT RESPONSIBLE FOR DETERMINING THE NCAA ELIGIBILITY OF ANY COMPETITOR.

3. AGREEMENT TO BE LEGALLY BOUND BY RULES:
By participating in this Tournament, you are signifying your agreement that you have read and agree to be legally bound by these Rules SET FORTH BY WHAPP! SPORTS

REFUNDS
Whapp! Sports will allow participants a total of 3-days or 72 to receive a full refund of their registration fee without any question. Whapp! Sports will use 20% from each enrollment registration to help promote its inaugural event through social media, print or radio after the 72-hour registration period. In the event that this tournament is canceled for any reason that is out of Whapp! Sports control, then this tournament will be rescheduled at a later date and does not constitute any refund whatsoever.

RISK OF INJURY AND SICKNESS:
(Exhibit A) This Event for which I plan to Participate may involve serious risk of injury. I (and, if applicable, my Parent) understand that by participating in this Event, I (and, if applicable, my Parent) am giving up the right to sue if I am injured while participating in this event. Any Whapp! event that is postponed due to an ack-of-God, or Covid shutdown mandate does not entitle a participant or participants to a full or partial refund. The event will be rescheduled at a later date with all paid participants being eligible to compete.

As lawful consideration for being permitted by Whapp! Sports. and/or any of its affiliated entities to register to participate in and/or attend (“Participate”) the event (together with all related activities, the “Event”), I agree to this Assumption of Risk, Release and Liability Waiver (“Release”) and to the following:

1. I Understand And Assume All Risk Involved In Participating In The Event. I confirm that I am 18 years old (or my parent or legal guardian has reviewed and consented to these terms) and have knowledge of what the Event involves. I understand that the Event and related activities may be physically and mentally intense. I understand and accept that Participating in the Event may involve dangerous activities, the danger of encountering known and unknown risks, and significant risk of SERIOUS BODILY INJURY, illness, disability, emotional trauma, damage to property and/or DEATH (“Injuries”). I represent that I am physically fit, in good health, and have no physical or mental problems that might prevent me from safely participating in the Event, and I am sufficiently trained and experienced enough to understand the risks involved in the Event. I accept and assume full responsibility for all risks associated with the Event, from any cause including, without limitation, negligence, gross negligence, defective products, unknown obstacles, equipment malfunction, inadequate training, failure to supervise and failure to warn of potential risks. I understand that these risks may be caused by Whapp! Sports, other participants, myself, spectators or other third persons.

2. I Understand Whapp! Sports Can Disqualify And/Or Restrict My Participation. I agree to at all times maintain my behavior in accordance with all applicable laws and generally accepted social practices. I agree that Whapp! Sports has the right, in its sole discretion, to at any time disqualify, remove me from or restrict my participation in the Event or any related activities or decline to award me any prize or other benefit: (i) if my behavior is at any point disruptive, may or does cause damage to person, property or the reputation of Whapp! Sports, or violates any applicable laws or policies; (ii) if based on my past behavior, Whapp! Sports determines that I may be disruptive or cause damage to person, property or the reputation of Whapp! Sports; or (iii) for any lawful reason.

3. Liability Waiver, Release And Promise Not To Sue. I, (and, if applicable, my Parent as defined in the attached Parental Consent Form) on behalf of myself and each of my successors, heirs and assigns, unconditionally and irrevocably waive liability, release, promise never to sue, forever discharge and relinquish any and all rights, claims, demands, suits, actions, losses, damages, costs and expenses, including attorneys’ fees and costs (collectively, “Claims”), that I may incur or have against Whapp! Sports, its parent, affiliates, Event production companies, landowners/lessors, agents, contractors of the Event locations, hosts, sponsors, advertisers and each of their respective owners, officers, shareholders, directors, employees and agents (“Released Parties”), arising from or related to my Participation in the Event, eligibility, receipt and/or use of any prizes, travel, awards or other benefits related to the Event, including, without limitation, any Claims arising from or related to: (i) the actions or omissions of any of the Released Parties, other participants, spectators or other third parties; (ii) the inadequacy of any training or supervision; (iii) failure to investigate, keep safe or to warn of hazards known or unknown; (iv) any defect in or failure of the operation, installation, manufacture, and/or design of any equipment, stage sets, or wardrobe; (v) the conditions on or about the Event premises; (vi) the breach of any implied or express warranty and/or representation of any of the Released Parties; (vii) transportation; (viii) weather conditions; and/or (ix) any other operations associated with the Event, and, with respect to each of the foregoing, whether based on tort (including, without limitation, acts of negligence and gross negligence), contract or any other theory of recovery in law or equity, whether for compensatory or punitive damages, equitable relief or otherwise, and whether now known or unknown, suspected or unsuspected (all of the foregoing shall be collectively referred to as the “Released Claims”).

4. Acknowledgments of COVID-19 and Other Risks. I fully understand that (a) the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation, or variation thereof, “COVID-19”) is an extremely contagious disease that can lead to severe illness and death, and there is an inherent danger and risk of exposure to COVID-19 and/or any other communicable disease in any place where people are present; (b) no precautions, including the protocols that will be implemented from time to time by the Released Parties and/or third parties (including, but not limited to, federal and state governmental agencies) (collectively, the “Protocols”), can eliminate the risk of exposure to COVID-19 and/or other communicable diseases; (c) while people of all ages and health conditions can be and have been adversely affected by COVID-19, according to public health authorities (i) people with certain underlying medical conditions are or may be especially vulnerable, including, but not limited to, people with chronic kidney disease, chronic obstructive pulmonary disease, moderate to severe asthma, liver disease, compromised immune systems (including as a result of organ transplant), obesity, serious heart conditions, sickle cell disease, and type 2 diabetes, and (ii) the risk of severe illness from the contraction of COVID-19 increases steadily with age, and contracting COVID-19 can result in the further transmission of COVID-19 to my spouse, family members, and other contacts; and (d) exposure to COVID-19 can result in being subject to quarantine requirements, illness, disability, other short-term and long-term health effects, and/or death, regardless of age or health condition.

I FULLY UNDERSTAND AND KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS RELATED TO MY PARTICIPATION IN THE EVENT, WHICH MAY INCLUDE AN INCREASED RISK OF EXPOSURE TO ILLNESS AND/OR ANY COMMUNICABLE DISEASE (INCLUDING, WITHOUT LIMITATION, COVID-19), PERSONAL INJURY, DISABILITY, OTHER SHORT-TERM OR LONG-TERM HEALTH EFFECTS, AND/OR DEATH, WHICH MIGHT RESULT FROM THE ACTIONS, INACTIONS, OR NEGLIGENCE OF MYSELF, ANY OF THE RELEASED PARTIES (AS DEFINED BELOW), OR OTHER THIRD PARTIES. I ACCEPT PERSONAL RESPONSIBILITY FOR ANY AND ALL DAMAGES, LIABILITY, AND OTHER LOSSES THAT I OR ANY OF MY RELATED PERSONS MAY INCUR IN CONNECTION WITH THE FOREGOING RISKS.

5. Waiver of Unknown Claims. I expressly waive whatever benefits I may have under Section 1542 of the California Civil code (and any equivalent applicable law of the State in which this document is signed) which provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH DEBTOR OR RELEASED PARTY.”

6. Indemnity. On behalf of myself and each of my successors, heirs, and assigns, I (and, if applicable, my Parent) agree to defend (at Whapp! Sports’s request), indemnify and hold harmless each of the Released Parties from and against any and all Released Claims, and any and all third parties’ Claims, arising from or in connection with: (a) any breach or alleged breach of this Release; (b) my Participation in the Event, including, without limitation: (i) any Injuries to me; (ii) any Injuries to third parties directly or indirectly arising from my participation in the Event; and (iii) and any other loss or damage that I may directly or indirectly cause to any real or personal property.

7. Consent To Medical Care. I (and, if applicable, my Parent) authorize each of the Released Parties to call for medical care for me or to transport me to a medical facility at my expense if medical attention is needed. I (and, if applicable, my Parent) also authorize any physician or other medical provider or facility to provide any emergency medical/surgical care. I (and, if applicable, my Parent) acknowledge and agree that none of the Released Parties is under any legal obligation to render assistance to me.

8. Whapp! Sports Owns The Exclusive Right To Use My Name And Likeness From This Event. I irrevocably grant Whapp! Sports, its parent, its affiliates, and each of their licensees, successors and assigns, and each of the authorized photographers acting on their behalf (“Whapp! Sports”), without additional compensation, the unrestricted right to videotape, film, portray and photograph me and my actions and record my voice and other sound effects while I am present at the Event. I irrevocably grant to Whapp! Sports the right to use my name, image, likeness, voice and biography for any purpose and in any manner, including, without limitation, in connection with the distribution, advertising, promotion, commercial tie-in or other ancillary exploitation of the Event, and any programming related thereto, in whole or in part, in all media and by all means now known or hereafter devised and in all languages, throughout the universe in perpetuity. My Participation in the Event along with any pictures, video footage or other recordings I may capture while participating in practice for or competition during the Event, including, without limitation, any footage captured with a “POV” camera regardless of its origin (collectively, the “Proceeds”), will be deemed a “work-made-for-hire” specially commissioned by Whapp! Sports within the meaning of all applicable laws and, accordingly, Whapp! Sports will be the sole and exclusive owner thereof for all purposes. To the extent necessary to vest all of the rights in the Proceeds in Whapp! Sports, I hereby irrevocably assign to Whapp! Sports all of my right, title and interest of every kind or nature which I may have or hereafter acquire in the Proceeds.

9. Personal Footage. I agree that during the Event, I will not wear a camera which is not supplied by Whapp! Sports unless specially approved by Whapp! Sports in advance. I reserve the right to refuse to wear a camera if I decide wearing one would hinder my performance. If I keep or receive any print, negative, tape or other copy of any of the Proceeds, I agree I will retain it for my personal use only, and will not license or authorize its use by anyone else for commercial or private purposes. Whapp! Sports may, in its sole discretion, provide me with certain still images or footage of my performance (including footage shot on any “POV” camera I may wear) (collectively, “Footage”) on the terms of a limited, non-exclusive and non-transferable license (“License”) to use such Footage strictly on my personal social media pages or accounts (e.g., YouTube, Vimeo, Instagram), subject to the following terms and conditions: (a) my use of the Footage will be at my own risk, and Whapp! Sports is not making any representations or warranties with respect to the Footage; (b) I will not use the POV Footage in any way that tends to disparage, denigrate, tarnish or reflect adversely on Whapp! Sports or Whapp! Sports events, athletes, and/or products; (c) I will not deface, blur, cover, remove, black out or otherwise alter any Whapp! Sports logos or marks that may appear in the POV Footage; (d) I acknowledge that this License and/or my use of the Footage does not affect Whapp! Sports’s continued ownership of the Footage, including all elements and components thereof and relating thereto; (e) I may not license, sell, or otherwise transfer the Footage or any elements therein to any third party (including, without limitation, to any of my sponsors) without written pre-approval by an authorized representative of Whapp! Sports; and (f) I acknowledge that this License is granted in a certain spirit of collaboration, and in the event Whapp! Sports reasonably believes that I have breached this License or that I am using the Footage in a way that violates that spirit, I agree that Whapp! Sports may terminate this License and I will cease all use of the Footage.

10. Performance Data. By Participating in this Event, I agree that Whapp! Sports may collect data about me and my performance, including my age, gender, height, weight, speed, heart rates, airtime, G-forces, positioning data and other demographic and/or physiological data (“Performance Data”), and that Whapp! Sports may store, process, use, analyze and share such Performance Data.

11. Arbitration. I (and, if applicable, my Parent) unconditionally and irrevocably agree on behalf of myself and each of my successors, heirs, and assigns that, all disputes arising out of or relating to this Release or to the Claims, including without limitation, all claims based in contract or tort, shall be submitted to arbitration and resolved by a single arbitrator (who shall be a retired judge) in accordance with the Commercial Arbitration Rules of the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect. In addition, all questions regarding the arbitrability of the dispute, including whether I have agreed to arbitrate the dispute, shall be decided by such arbitration. I acknowledge and understand that by agreeing to resolve any and all such disputes by arbitration, I am giving up and waiving my right to file a lawsuit in court and have such dispute(s) resolved by a judge or a jury. All arbitration shall take place at the JAMS office located in or closest to Santa Monica, California. I irrevocably and unconditionally consent to personal jurisdiction in California and venue in Los Angeles County, in any action, including without limitation, petitions to compel arbitration and to enforce that arbitration award, concerning a dispute between the parties or relating to this Release. Judgment on the arbitrator's award shall be final and binding and may be entered in any competent court.

12. Miscellaneous. This Release, including the Parental Consent, Assumption of Risk, Release Liability Waiver and Guarantee (“Parental Consent”) attached hereto, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to the principles of conflicts or choice of laws. This Release, including the Parental Consent attached hereto, will be binding to the fullest extent permitted by law, and will be binding upon each of my heirs, successors and assigns. If any provision of this Release, including the Parental Consent attached hereto, be held to be invalid, illegal or unenforceable, such provision will be curtailed and limited only to the minimum extent necessary to comply with applicable law, and the validity, legality, and enforceability of the remaining provisions of this Release will not in any way be affected or impaired thereby.

I acknowledge and understand that this Release is an important legal document, and by Participating in the Event, I am waiving substantial legal rights I may otherwise have to recover damages for Injuries or losses, and Participate voluntarily and without inducement of any nature and intend for the Release to be enforced to the greatest extent allowed by law. If I am less than 18 years of age, I acknowledge that my Parent has read, understands, and agrees to the Parental Consent (attached hereto as Exhibit A).

PARENTAL CONSENT, ASSUMPTION OF RISK, RELEASE, LIABILITY WAIVER AND GUARANTEE
I hereby certify that I am the parent or legal parent (“Parent”) of my minor who is less than 18 years old (“Minor”). In consideration of Minor being permitted to Participate in the Whapp! Sports Event, and for me to be a spectator at all Events at which Minor Participates, I, the undersigned on behalf of Minor, myself and my spouse or domestic partner, my heirs, executors, administrators, and assigns and legal representatives, agree to the Parental Consent, Assumption of Risk, Release, Liability Waiver and Guarantee (“Parental Consent”) as follows:

1. Consent And Assumption Of Risk. I understand and accept that Minor's Participating in the Event may involve dangerous activities and may involve the danger of encountering known and unknown risks, including the significant risk of SERIOUS BODILY INJURY, illness, disability, emotional trauma, damage to property and DEATH (collectively, “Injuries”). I hereby consent to Minor's Participation in the Event and I hereby, assume, on behalf of Minor, myself and my spouse or domestic partner, full responsibility for all these risks from any cause, including without limitation, negligence, gross negligence, defective products, unknown obstacles, equipment malfunction, inadequate training, failure supervise and failure to warn of potential risks.

2. Agreement On Behalf Of Minor To Terms Of Release, and Guarantee of Performance. I agree on behalf of Minor to all the terms, conditions, obligations and covenants of the Release. I hereby unconditionally and irrevocably give my unconditional and express consent and approval to the execution by Minor of the Release and acknowledges that Minor and Parent have read, understood and are familiar with each and all of the terms, conditions, obligations and covenants contained in the Release. In addition, I will use my best efforts to cause Minor to adhere to the terms of the Release and guarantee that: (a) Minor will perform all of his or her obligations in accordance with the Release; and (b) neither Parent nor Minor will disaffirm or disavow the Release on the grounds that Minor is a minor or on any other grounds.

3. Agreement That Terms Of The Release Apply To Me. I agree on behalf of myself and my spouse or domestic partner, that all of the terms, conditions, obligations and covenants of Minor under the Release apply to me and my spouse or domestic partner, even if we have not signed the Release.

4. Additional Release. In addition to the Claims released in Section 3 of the Release, I, on behalf of myself and my spouse or domestic partner, release all Claims which we may have for emotional distress, loss of companionship, or loss of consortium in the Event Minor suffers an Injury.

5. Indemnity. On behalf of Parent and each of the respective successors, heirs, and assigns of Parent and Minor, I unconditionally and irrevocably agrees to defend (at Whapp! Sports’s request), indemnify and hold harmless each of the Released Parties from and against any and all Claims, including, without limitation, any Claims claimed by any successors, heirs, or assigns of Parent or Minor, arising from or in connection with: (a) the breach or disaffirmation of this Release or any portion thereof by Minor or Parent for any reason; (b) the enforcement of this Release against Minor or Parent; and/or (c) Minor’s Participation in the Event, to the fullest extent permitted by law in every instance even if any of the foregoing arise from the negligence of Whapp! Sports.

6. Arbitration. The arbitration provision of Section 10 of the Release also applies to all disputes arising out of or relating to this Parental Consent.

7. Parent's Joint Liability. If more than one person executes this Parental Consent, the word “Parent” whenever and wherever used herein shall be deemed to refer to each such person individually and all such persons jointly, it being understood and agreed that all such persons assume and shall be jointly and severally liable for all agreements, covenants, representations, warranties, and obligations hereunder, and the breach or failure of any agreement, covenant, representation, warranty, or obligation contained herein shall be deemed a breach by each and all of such persons.

8. Severability. This Release, including the Parental Consent attached hereto, will be binding to the fullest extent permitted by law, and will be binding upon each of my heirs, successors and assigns. If any provision of this Release, including the Parental Consent attached hereto, be held to be invalid, illegal or unenforceable, such provision will be curtailed and limited only to the minimum extent necessary to comply with applicable law, and the validity, legality, and enforceability of the remaining provisions of this Release will not in any way be affected or impaired thereby.

*I fully understand that this Parental Consent is an important legal document, and by permitting Minor to Participate in the Event, I give up substantial legal rights I and/or Minor may otherwise have to recover damages for injuries or losses, and permit Minor to Participate in the Event voluntarily and without inducement of any nature and intend for this Parental Consent to be enforced to the greatest extent allowed by law.

Whapp! Sports reserves the right to update or amend the rules of this tournament and as such will notify each registered participant of these changes via phone, text or email. By signing up/registering for this event you agree with all the terms and conditions set forth in this agreement.