BACARDI® Get Some Game Sweepstakes
NO PURCHASE OR USE OF WIRELESS SERVICE NECESSARY TO ENTER OR WIN. A PURCHASE OR USE OF WIRELESS SERVICE WILL NOT INCREASE YOUR ODDS OF WINNING.
NOTE: Each text message sent or received will result in a charge as provided in your rate plan. Standard rates apply.
Sponsor: Bacardi U.S.A., Inc., 2701 Le Jeune Road, Coral Gables, FL 33134.
Administrator: Arrowhead Promotion & Fulfillment Co., Inc., 1105 SE Eight Street, Grand Rapids, MN 55744.
Sweepstakes Entities: Sponsor, Administrator, and Commonground, 600 West Fulton Street, Chicago, IL 60661.
1. ACCEPTANCE OF OFFICIAL RULES. By entering BACARDI® Get Some Game Sweepstakes (the "Sweepstakes"), you hereby accept and agree (i) to these official rules (the "Official Rules"), and the decisions of the Sponsor and Administrator in connection with the Sweepstakes, whose decisions are final, binding and conclusive on all matters relating to this Sweepstakes; and (ii) to the disclosure of your entry information to the Sweepstakes Entities for purposes of the Sweepstakes Entities administering the Sweepstakes.
2. ELIGIBILITY. The Sweepstakes is offered and open to persons who are: (a) legal residents of Washington, DC or the 50 United States (except Utah); and (b) at least 21 years of age at the time of entry and who are owners of an NBA all access account. The Sweepstakes is not open to persons who on or after November 1, 2012, were or are in the employment of the Sweepstakes Entities or any of their respective affiliates, subsidiaries, distributors, wholesalers, retailers (including bartenders/staff), licensees, advertising, promotion or media agencies, Turner Digital Basketball Services, Inc., NBA Properties Inc. NBA Media Ventures, LLC, the National Basketball Association and its Member Teams, and each of their parent, subsidiary, and related companies and divisions (collectively defined as the "NBA Entities"), printers of Sweepstakes materials, Sweepstakes material suppliers, and advertising, promotion, and other coordinating agencies involved in this promotion or the immediate family members (biological or step-parent, grandparent, child, sibling or spouse of the foregoing) regardless of where they live, or household members of each of the above, whether they are related or not. This Sweepstakes is void outside of the United States, in Puerto Rico, all United State territories and possessions, in Utah and where prohibited or restricted by law, regulation, rule or otherwise. This Sweepstakes is subject to all applicable federal and state laws and regulations.
3. ENTRY PERIOD: This Sweepstakes begins at 12:01 a.m. ET on February 1, 2013, and ends at 11:59 p.m. ET on April 30, 2013 (the "Entry Period"). The Administrator's computer is the official time keeping device for the Sweepstakes.
4. THREE WAYS TO ENTER:
A. Via Text Messaging: During the Entry Period (i) Washington DC legal residents and U.S. legal residents (except Utah) text the word "FINALS" to the short code 878787 and follow the instructions the entrant will receive on a follow-up text message. The text message will contain a link to complete the Sweepstakes entry form by entering full legal name, complete mailing address, e-mail address, and date of birth (all fields are required).
By sending a text message, each text message, sent or received, may incur a charge. Standard text messaging rates will apply. Not all carriers and plans include text messaging. See your wireless carrier plan for pricing details
All text message/online entries must be received by 11:59 p.m. ET on April 30, 2013.
B. By Mail: To enter via mail without incurring text messaging charges, clearly and legibly handprint the words "BACARDI® Get Some Game Sweepstakes," your full legal name, complete mailing address (No P.O. Boxes), city, state and zip code day/evening telephone numbers (with area code), e-mail address (if you have an e-mail address), and date of birth (all information is required) on a piece of paper and mail it to:
Attn: BACARDI® Get Some Game Sweepstakes
P.O. Box 2472T
Grand Rapids, MN 55745-2472
Limit one entry request per outer envelope. Outer envelope must contain proper postage.
All mail-in entries must be postmarked by April 30, 2013 and received by May 15, 2013.
C. By Internet: To enter, visit www.BacardiFinals.com OR www.nba.com/BacardiFinals, read the Official Rules, then complete the online Official Entry Form by entering your date of birth, full legal name, complete mailing address, e-mail address, and opt-in to agree to the Terms and Conditions (all fields are required). Click on the "ENTER" button to transmit your electronic entry. If you do not want your e-mail address used for future marketing and promotional purposes, please leave the opt-in box unchecked on the entry form. All internet entries must be received by 11:59 p.m. ET on April 30, 2013.
5. All Entries: Enter as often as you like, but each text message, mail-in entry or internet entry must be submitted separately with a limit of one (1) entry per person/day. A "day" is defined as the twenty-four (24) hour period beginning at 12:01 a.m. ET on any individual calendar date during the Entry Period and ending at 11:59 p.m. ET on that date. Only those entrants with completed entry forms containing the complete information required in these Official Rules will be entered for a chance to participate. Multiple entries per day will result in the disqualification of all entries from said entrant. Entries not satisfying all the requirements of these Official Rules will be automatically disqualified. No mass or mechanically reproduced entries will be allowed. Sweepstakes Entities and NBA Entities, and any of their respective affiliates, subsidiaries, distributors, licensees, advertising, promotion and media agencies assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, lost, late, incomplete, corrupted, stolen, misdirected, illegible or postage due entries or mail if applicable; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. The Sweepstakes Entities and NBA Entities, and their or any of their respective affiliates, subsidiaries, distributors, licensees, advertising, promotion and media agencies, are not responsible for any incorrect or inaccurate information, tampering, hacking, or by any of the equipment or programming associated with or utilized in this Sweepstakes and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Sweepstakes. Upon submission, all entries become the exclusive property of Sponsor and none will be acknowledged or returned. Proof of sending or submission will not be deemed to be proof of receipt by the Administrator. The Sweepstakes Entities and NBA Entities are not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due mail-in entries, which will be disqualified. Use of any automated system to submit entries is prohibited and will result in disqualification.
6. PRIZE DETAILS:
A. FIVE (5) GRAND PRIZE WINNERS WILL BE DRAWN, ONE FROM EACH DESIGNATED REGION* (see below for designated regions) AND WILL EACH RECEIVE A GRAND PRIZE TRIP FOR THREE (3) TO A 2013 NBA FINALS GAME. Each Grand Prize trip will consist of the following: (i) three (3) tickets to one (1) 2013 NBA Finals game (as determined by the NBA Entities) taking place in June 2013 (location to be determined); (ii) round-trip coach air travel for three (3) from the major airport nearest each Grand Prize winner's residence to the city hosting the 2013 NBA Finals game; (iii)two (2) double-occupancy hotel rooms for two (2) nights (as determined by Sponsor); and (iv) ground transportation to and from the airport and to and from the 2013 NBA Finals game. Tickets to the NBA Finals are subject to certain terms and conditions. Seat locations will be determined by NBA Entities. Sponsor reserves the right to remove or to deny entry to any Grand Prize winner and/or guests who engages in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the game or at the hotel. The terms and conditions of the tickets awarded as prizes will govern in the event a legal game, as defined by the NBA Entities is not played due to weather, an act of God, threat or act of terrorism, civil disturbance or any other reason. Unused tickets cannot be returned, refunded or exchanged for cash value or substitute tickets. No responsibility is assumed by Sponsor or the NBA Entities for any cancelled rescheduled, delayed or postponed events in whole or in part. Each Grand Prize is subject to availability. Sponsor may substitute a grand prize of equal or greater value if any Grand Prize becomes unavailable for any reason. Grand Prizes are nontransferable, and no cash or other substitutions will be offered except at the sole discretion of Sponsor. Sponsor reserves the right to change travel dates for each Grand Prize as necessary. Each Grand Prize trip must be taken on the dates designated by Sponsor or the Grand Prize trip will be forfeited in its entirety. Except as decided by Sponsor, no changes will be made to travel details or itinerary once any portion of the travel arrangement for each Grand Prize has been made. If Grand Prize Winner resides within 200 miles of destination chosen, air fare and ground transportation to and from airport will not be provided. No cash or other compensation will be awarded for the difference in value between air transportation and ground transportation. Each Grand Prize winner and his or her guests must travel on the same itinerary and must obtain all required travel documents. The guests of each Grand Prize winner must be at least 21 years old or older. If a Grand Prize winner and his/her guests cannot travel within the timeline specified by Sponsor, the Grand Prize will be forfeited and will be awarded to an alternate potential Grand Prize Winner, if feasible. Air carrier, hotel and other Grand Prize elements will be selected exclusively by Sponsor. Some portions of all or some of the Grand Prize package may not be available during the travel dates. All travel is subject to airline and hotel availability and blackout dates. Other restrictions may apply. Sponsor is not responsible for weather conditions, travel cancellations, delays or postponements. Any costs/expenses, including but not limited to, meals and gratuities not expressly stated herein, are the sole responsibility of each Grand Prize winner and his or her guests. Each Grand Prize winner or his/her guest must provide the hotel and rental car company with a major credit card issued in one of their names to cover hotel room security and incidental expenses. Approximate Retail Value of each Grand Prize trip: $5,900.00. Actual value of each Grand Prize trip may vary based on point of departure and dates of travel. Any difference between actual value and value stated herein will not be awarded. Certain travel restrictions may apply.
B. TWENTY-FIVE SECOND PRIZE WINNERS: WILL EACH RECEIVE one (1) signed Legends Basketball. Approximate Retail Value of each basketball: $100.00. Second Prizes cannot be transferred or substituted except at Sponsor's sole discretion. Sponsor may substitute a prize of equal or greater value if the Second Prize becomes or is unavailable or for any other reason at Sponsor's sole discretion.
*Designated Regions are as follows: East: Arizona, Colorado, Connecticut, Delaware, Florida, Maryland Washington D.C., New Jersey, New York and South Carolina; Central: Georgia, Illinois, Massachusetts, Minnesota, Rhode Island, Tennessee, and Wisconsin; Control: Alabama, Idaho, Iowa, Maine, Michigan, Mississippi, New Hampshire, North Carolina, Ohio, Oregon, Pennsylvania, Vermont, Virginia, West Virginia and Wyoming; South: Arkansas, Indiana, Kansas, Kentucky, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Dakota and Texas; and West: Alaska, California, Hawaii, Nevada, New Mexico and Washington.
C. TOTAL ARV OF ALL PRIZES: Total estimated retail value of all prizes: $32,000.00. No more than the intended number of prizes as outlined in these Official Rules will be awarded.
7. DRAWING/ODDS/WINNER NOTIFICATION: Administrator will conduct a random drawing to select a potential winner ("Potential Prize Winner") for each designated region on or about May 16, 2013 from among all eligible entries received by the text message/mail-in deadlines for each designated region. The odds of winning any prize will depend on the number of eligible entries received in each designated region during the Entry Period. The Potential Prize Winners will be notified via mail, e-mail, or phone. If a Potential Prize Winner for a designated region cannot be reached after two (2) attempts, such person may be disqualified, and an alternate Potential Prize Winner for the designated region may be selected in accordance with these Official Rules.
8. AFFIDAVIT OF ELIGIBILITY/LIABILITY RELEASE & PUBLICITY RELEASE: Each potential Grand Prize winner must sign and return an Affidavit of Eligibility, Liability Release and/or Publicity Release (where legal) (collectively the "Release Forms") within five (5) days of notification. In the event of non-compliance with these requirements (including execution of the Release Forms) or if the Grand Prize documentation is returned as undeliverable, the Grand Prize will be forfeited and an alternate Grand Prize winner will be selected if feasible. If the Second Prize is returned as undeliverable, the Second Prize will be forfeited and an alternate Second Prize winner will be selected if feasible. All Winners are subject to verification and compliance with these Official Rules. Please allow 6-8 weeks to receive the Second Prize after winner verification. Travel companions of the potential Grand Prize winner must complete, execute and return a Travel Companion Liability Release, and where lawful, a Travel Companion Publicity Release (collectively, the "Travel Companion Release Forms") prior to issuance of travel documents. Failure to return the Travel Companion Release Forms at the same time as the potential Grand Prize winner's Release Forms may prevent the Travel Companion from participating in the trip. If a Potential Prize Winner is found not to be eligible or not in compliance with these Official Rules, the Potential Prize Winner will be disqualified and an alternate Potential Prize Winner may be selected in accordance with these Official Rules.
9. PUBLICITY RELEASE TERMS: Except where prohibited by law, the Potential Prize Winner's acceptance of a prize constitutes permission for Sponsor and NBA Entities to use the prize winner's name, photograph, likeness, statements, biographical information, voice, and address (city and state only) worldwide and in all forms of media, in perpetuity, without further compensation.
10. TAXES: All federal, state or other tax liabilities arising from the Sweepstakes are the responsibility solely of the prize winners.
11. IMPROPER CONDUCT: Sponsor, in its sole discretion, may disqualify any entrant from participation in the use of any or all portions of the Sweepstakes, and refuse to award a prize, if entrant engages in any conduct Sponsor deems to be improper, unfair or otherwise adverse to the operation of the Sweepstakes or detrimental to other entrants of the Sweepstakes, to the Sweepstakes Entities, and/or to the NBA Entities. Such improper conduct, includes, without limitation, falsifying personal information required during entrant registration or prize claim, violating any term or condition stated herein, accumulating entries through automated techniques, or allowing others to use entrant's personal information for the purpose of accumulating entries, or intentionally trying to defraud, reverse engineer, disassemble or otherwise tamper with the computer programs or wireless technology in connection with this Sweepstakes. Entrants agree that Sponsor may void any part of any prize that entrant may have won and/or require the return of any part of any prize that entrant may have won as a result of such improper conduct. Entrant further acknowledges that any forfeiture of any prize and/or return of any prize shall in no way prevent Sponsor from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct. WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
12. INTEGRITY OF THE SWEEPSTAKES: If, for any reason, the Sweepstakes is not capable of running as planned by reason of infection by network failure, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Sponsor, in its sole opinion, deem could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes and select the Potential Prize Winners in such a manner as Sponsor may deem fair and appropriate. Sweepstakes materials are automatically void if counterfeited, mutilated, forged, altered or tampered with in any way, if illegible, mechanically reproduced, obtained outside authorized legitimate channels or if they contain printing, production, typographical, mechanical, or other errors, or if they are rendered inoperable due to any type of malfunction, whether technological or otherwise. All entries are subject to verification by Administrator, whose decisions are final, binding and conclusive in all matters. The Sweepstakes Entities are not responsible for any errors or for official Sweepstakes materials that are incomplete, missing or rendered inoperable due to any type of malfunction or other error.
13. DAMAGED PROPERTY: Sweepstakes Entities and NBA Entities and their or any of their respective affiliates, subsidiaries, distributors, licensees, advertising, promotion and media agencies assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to entrants' property related to or resulting from participating in this Sweepstakes or use of materials from this Sweepstakes.
14. SWEEPSTAKES ERRORS: The Sweepstakes Entities, the NBA Entities, and their or any of their respective affiliates, subsidiaries, distributors, licensees, advertising, promotion and media agencies assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Sweepstakes; (b) in any related advertising or promotions of this Sweepstakes; and/or (c) in these Official Rules. In the event of any ambiguity(s) or error(s) in these Official Rules, Sponsor reserves the right to modify these Official Rules for clarification purposes or to correct any such error(s) without materially affecting the terms and conditions of the Sweepstakes.
15. PRIZE WINNERS AND PRIZES: The NBA Entities, Sweepstakes Entities, their respective affiliates, subsidiaries, distributors, licensees, advertising, promotion and media agencies and the directors, officers, employees, representatives and agents of each, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, the selection and announcement of the prize winners, or the distribution of the prizes, the acceptance/possession and/or use/misuse of any part of the prizes and/or any injury or damage to entrant's or third person's property related to or resulting from any part of any prize or any part of the Sweepstakes including, without limitation, any travel related thereto and attendance at the NBA Finals games.
16. RELEASE AND INDEMNITY: Each entrant in this Sweepstakes, including, without limitation, the prize winners, hereby releases and agrees to hold harmless the NBA Entities, Sweepstakes Entities, their respective parents, affiliates, subsidiaries, distributors, licensees, advertising, promotion and media agencies, and the directors, officers, employees, representatives and agents of each from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any Prize, participation in this Sweepstakes and participation in any activity related to this Sweepstakes including, without limitation, any travel related thereto and attendance at the NBA Finals games.
17. LIMITATION OF LIABILITY: IN NO EVENT WILL THE NBA ENTITIES, SWEEPSTAKES ENTITIES,THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, DISTRIBUTORS, LICENSEES, ADVERTISING, PROMOTION AND MEDIA AGENCIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SWEEPSTAKES, THE PRIZES, INCLUDING, WITHOUT LIMITATION, ANY TRAVEL RELATED THERETO AND ATTENDANCE AT THE NBA FINALS GAMES, OR THE USE OR MISUSE OF ANY MATERIAL FROM THE SWEEPSTAKES. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE IMITATIONS OR EXCLUSIONS.
18. DISCLAIMER OF WARRANTIES: THE SWEEPSTAKES AND PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
19. IDENTITY DISPUTES: In the event of a dispute as to the identity of a winner based on a mobile phone number, NBA All-Access Account and/or e-mail account, the winning entry will be deemed to have been made by the authorized NBA All-Access account holder submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to the NBA All-Access Account by the NBA Entities.
20. ARBITRATION: The parties waive all rights to trial by jury in any action or proceeding instituted in connection with these Official Rules and/or this Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules and/or this Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Florida, in the city of Miami, Miami-Dade County, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
22. GOVERNING LAW AND JURISDICTION: This Sweepstakes is governed by the laws of the United States and is subject to all applicable federal, state and local laws and regulations. This Sweepstakes is void where prohibited. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants, Sponsor and Administrator in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Florida, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceeding which are not subject to arbitration as set forth in Section 20 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Florida, in Miami-Dade County, city of Miami.
23. WINNERS LIST/OFFICIAL RULES: For a list of prize winners, mail a self-addressed stamped #10 envelope to: BACARDI® Get Some Game Sweepstakes - Winners List, P.O. Box 2472Z, Grand Rapids, MN 55745-2472. Requests must be received by May 30, 2013. Winners List will be sent when the Sweepstakes is over and prizes are awarded. For Official Rules mail a self-addressed stamped envelope to the above address marked "Official Rules: BACARDI® Get Some Game Sweepstakes" for receipt by April 30, 2013 or visit www.BacardiFinals.com OR www.nba.com/BacardiFinals. Residents of VT may omit return postage for rules request.
24. The NBA Entities will have no liability or responsibility for any claim arising in connection with participation in this Sweepstakes or any prize awarded. The NBA Entities have not offered or sponsored this sweepstakes in any way.
PARTY TOGETHER RESPONSIBLY.
©2012 BACARDI IS A REGISTERED TRADEMARK OF BACARDI & COMPANY LIMITED. BACARDI U.S.A., INC., CORAL GABLES, FL. RUMS -- 40% ALC. BY VOL.