2012 MILWAUKE BUCKS’ JOHN HENSON “SHOW ME YOUR MILWAUKEE” PHOTO CONEST (the “PROMOTION”)
1. ELIGIBILITY: The Promotion is open only to legal residents of Wisconsin who are eighteen (18) years of age or older at time of entry (“Entrant”) on the date of entry. Employees, officers and representatives of the Milwaukee Bucks, including but not limited to John Henson, the NBA and each of its Member Teams, NBA Properties, Inc. and NBA Media Ventures, LLC (all together the “NBA Entities”) and each of their respective parents, subsidiaries, agents, employees and affiliates, and all promotional or fulfillment agencies involved in the Promotion (collectively the “Promotional Parties”), as well as members of their immediate families (i.e., spouse, parents, siblings, and children) and households, are not eligible to participate in the Promotion. The Promotion is subject to all federal, state, and local laws and regulations and void where prohibited by law.
2. PROMOTION SCHEDULE: You may submit your entry for the Promotion between 1:00PM Central Time on December 13, 2012 and 11:59 PM Central Time on January 17, 2013 ("Promotion Entry Period").
3. HOW TO ENTER: To enter the Promotion, post your photo to Instagram and tag it with #ShowMeYourMilwaukee (your "Photo Submission").
4. CONTEST TERMS OF PHOTO SUBMISSION: As conditions of entry into this Promotion, and by submitting a Photo Submission, each Entrant:
A. Warrants and represents that the entrant is at least eighteen (18) years of age at the time entry in this Promotion and owns all rights to the Photo Submission he/she is entering in this Promotion;
B. Warrants and represents that the Entrant is the individual pictured and in the Photo Submission, or, alternatively, that the Entrant has obtained permission from each person who appears in the Photo Submission to grant the rights to the Promotional Parties described in these rules, and can make written copies of such permissions available to the Promotional Parties upon request;
C. Warrants and represents that his/her Photo Submission: (a) are original to the Entrant and have been legally obtained and created, (b) do not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, or violate applicable laws, regulations, or network standards; and (c) have not been entered in or won previous contests or awards;
D. Irrevocably grants to Promotional Parties, the unconditional and perpetual right and permission to copyright (as appropriate), reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), the Entrant's name, address, image, voice, likeness, statements, biographical material and Photo Submission, including, but not limited to, the photographic, video or digital recording and performances contained in any of the above items (in each case, as submitted or as edited/modified in any way by the Promotional Parties, in the Promotional Parties' sole discretion), as well as any additional photographic images, video images, portraits, interviews or other materials relating to the Entrant and arising out of his/her participation in this Promotion (with or without using the Entrant's name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from the Entrant or any other party;
E. Acknowledges and agrees that, if Entrant's Photo Submission is chosen as a “Promotion Winner" (as defined below), the Entrant (and others who appear in Photo Submission) will, if required by the Sponsor (as defined below), execute an Affidavit of Eligibility and Liability Release, in which the Promotion Winner will irrevocably assign and transfer to the Sponsor any and all rights, title and interest in the Photo Submission, including, without limitation, all copyrights, and waive all moral rights in that Photo Submission;
F. Forever waives any rights of privacy, intellectual property rights, and any other legal or moral rights that may preclude the Promotional Parties' use of the Entrant's Photo Submission or require the Entrant's permission for Promotional Parties to use them for any purpose, and agrees to never sue or assert any claim against the Promotional Parties' use of the Photo Submission; and
G. Agrees to defend, indemnify and hold the Promotional Parties harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Promotional Parties due to or arising out of the Entrant's Entry in this Promotion, or the Entrant's conduct or participation during and in connection with this Promotion, including but not limited to trademark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation.
5. PHOTO SUBMISSION FORMAT AND CONTENT REQUIREMENTS: Submit a photo of what Milwaukee means to you on Instagram using the hashtag #ShowMeYourMilwaukee. Photo Submissions must be received by 11:59 PM Central Time on January 17, 2013 and may be posted to www.bucks.com/showmeyourmilwaukee. Limit one (1) entry per person, household in this Promotion. Only a Promotion Winner is eligible to receive the applicable Prizes (described below) in the Promotion. Photo Submissions deemed by Sponsor to contain inappropriate material, such as copyright violations, violence, profanity or professionally produced excerpts will be deleted or disqualified. Sponsor makes the final determination as to which Photo Submissions are eligible to take part in this Promotion and be considered to be a Promotion Winner. Certain Photo Submissions may be featured from time to time on Sponsor’s or NBA’s websites during the Promotion Entry Period, in Sponsor’s or the NBA’s sole discretion; being selected as a featured Photo Submission is unrelated to the judging criteria and does not guarantee selection as a Promotion Winner.
6. SELECTION OF WINNERS:
- Thirty-One (31) Photo Submission will be selected by John Henson by evaluating each eligible Photo Submission based on creativity and originality (“Promotion Winner”). All thirty-one (31) Photos selected may be published on John Henson’s Twitter, Facebook and Youtube pages and on Sponsor’s website and social media pages. All decisions by John Henson (or the Sponsor) on the selection of the Promotion Winners is final. Promotion Winners will be notified by January 19, 2013. If a Promotion Winner cannot be contacted within twenty-four (24) hours after the first attempt to contact him/her, or if he/she does not otherwise meet the eligibility requirements of these Official Rules, or is unable or unwilling to participate in the Promotion an alternate Promotion Winners may be selected in his/her place from the remaining eligible Entries.
- Thirty-one (31) Promotion Winners will each receive two (2) $40.00 tickets to the Milwaukee Bucks vs Philadelphia game in Milwaukee, Wisconsin on January 22, 2013 (ARV: $80.00 each prize). Following the game the Promotion Winners will be invited to meet and greet John Henson. Prizes awarded herein do not include transportation. Promotion Winners must be able to attend game(s) on specified date herein and/or participate in the Promotion. Game dates, times and locations are subject to change and determined by the Bucks in their sole descretion. If game is delayed, postponed or cancelled for any reason, the Promotion Winners will not be reimbursed for tickets, but tickets may be subject to standard cancellation policies and procedures established by issuer. Prizes consist of only the items specifically listed as the prize. No cash, assignment or transfer of a prize will be permitted, and Sponsor reserves the right to substitute a prize with another of comparable or greater value and such prizes herein are subject to John Henson’s availability. Prizes are non-transferable. Actual Retail Value (“ARV”) only reflects the face value of the tickets and not autographed merchandise or other experiences, as applicable.
8. GENERAL CONDITIONS: Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible or misdirected Entries, which will be deemed disqualified. Sponsor reserves the right to cancel or modify the Official Rules of the Promotion if fraud, technical failures or any other factor impairs the integrity of the Promotion or prevents the Promotion or prizes herein from being reasonably delivered, as determined by Sponsor in its sole discretion. Sponsor reserves the right in their sole discretion to disqualify any individual they find to be tampering with the process or the operation of the Promotion or to be acting in violation of these Official Rules. Odds of winning will be determined by the number of eligible entries received. This Promotion is governed exclusively by the laws of the state of Wisconsin. All claims relating in any manner to this Promotion or to any Photo Submission must be resolved in the federal or state courts located in Milwaukee, Wisconsin.
9. LIMITATIONS OF LIABILITY: No liability or responsibility is assumed by Promotional Parties resulting from any user's participation in or attempt to participate in the Promotion or ability or inability to upload or download any information in connection with participating in the Promotion. No responsibility or liability is assumed by the Promotional Parties for technical problems or technical malfunction arising in connection with any occurrences which may affect the operation of the Promotion. Promotional Parties are not responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on www.bucks.com. Use of Instagram or www.bucks.com is at user's own risk. Promotional Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from participation in the Promotion, use of Instagram or www.bucks.com or the download of any information from Instagram or www.bucks.com, as applicable. By accepting a prize in the Promotion, winners agree that the Promotional Parties shall not be liable for any loss or injury resulting from participation in the Contest, acceptance or use of any prize. Promotional Parties are not liable in the event that any portion of the Promotion is cancelled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a "Force Majeure Event").
10. MARKETING: Each Entrant may be asked, but is not obligated, to consent (or “opt-in”) to receive additional promotional emails or offers from the Sponsor or other third parties. Subject Entrant’s consent, Entrant understands that, the Sponsor may use Entrant’s information (including e-mail address) for marketing purposes and to provide entrant with information about the Sponsor, its products, services and special offers and Entrant expressly consents to the use of Entrant’s information for such purposes.
11. LIST OF WINNERS: For a list containing the names of the Promotion Winners, which shall be available after January 19, 2013, send your request with a stamped, self-addressed envelope to: “2012 Show Me Your Milwaukee Promotion”, c/o Milwaukee Bucks, 1001 North Fourth Street, Milwaukee, WI 53203-1312.
12. SPONSOR: Milwaukee Bucks, Inc., 1001 North Fourth Street, Milwaukee, Wisconsin 53203-1312.