FIRSTMERIT & CLEVELAND CAVALIERS TICKET CHALLENGE
OFFICIAL SWEEPSTAKES RULES
1. Sweepstakes Description: The following terms and conditions apply to the FirstMerit and Cleveland Cavaliers Ticket Challenge (the “Sweepstakes”). Individuals who, during the Sweepstakes Period (as defined below) (i) complete the entry form provided by Cavaliers Operating Company, LLC (the “CAVS”) online at www.cavs.com/firstmerit; or (ii) mail a 3” x 5” card containing their name, address, city, state, zip, daytime phone number, email address, and date of birth to: “FirstMerit and Cleveland Cavaliers Ticket Challenge, One Center Court, Cleveland, OH 44115”, will be entered into a pool of Entrants (as defined below) and provided with an opportunity to a pair of tickets to the Cleveland Cavaliers regular season home game in that certain sports and entertainment arena in Cleveland, Ohio known as Quicken Loans Arena (the “Arena”) on January 25, 2016; the seat locations of which shall be in that certain upper level area of the Arena known as “Loudville” (particular seat locations in Loudville to be determined by the CAVS in its sole discretion) (the “Prize”).
ARV of the Prize: $100
2. Sweepstakes Period: The Sweepstakes begins on November 16, 2015 at 12:00:00 AM EST and ends on December 7, 2015 at 11:59:59 PM EST. In order to qualify, entries must be received during the Sweepstakes Period. Any entries received thereafter shall be null and void, and ineligible for the Sweepstakes. The CAVS are not responsible for late, incomplete, or misdirected entries, nor are they obligated to publicly announce the Sweepstakes results.
3. To Enter: NO PURCHASE NECESSARY TO ENTER OR WIN THE SWEEPSTAKES. A PURCHASE WILL NOT INCREASE OR IMPACT YOUR CHANCES OF WINNING. In order to be entered into the Sweepstakes, an eligible entrant (“Entrant”) must, during the Sweepstakes Period, (i) complete the entry form provided by Cavaliers Operating Company, LLC (the “CAVS”) online at www.cavs.com/firstmerit; or (ii) mail a 3” x 5” card containing their name, address, city, state, zip, daytime phone number, email address, and date of birth to: “FirstMerit & Cleveland Cavaliers Ticket Challenge, One Center Court, Cleveland, OH 44115”
Limit: One entry per person during the Sweepstakes Period. If an Entrant completes multiple entry forms, only the first entry will be considered. All entries become the property of the CAVS.
By completing and submitting the entry form, an Entrant consents (a) to being contacted by the CAVS and its respective affiliates; and (b) to be bound by, and comply with, all of the terms and conditions set forth in these Official Sweepstakes Rules.
4. Eligibility: VOID WHERE PROHIBITED. Entrants must be at least 18 years of age at the time of entry and who reside within the CAVS’ marketing territory as defined by the NBA (currently, a 75 mile air radius from the corporate limits of the City of Cleveland, Ohio). Sweepstakes is void where prohibited or restricted by law. Employees, officers, and directors (and their parents, siblings, spouses, and children) of the CAVS, the CAVS’ advertising and promotional agencies, and their respective parents, subsidiaries and affiliates, are not eligible to participate in the Sweepstakes.
5. Selection of the Winners and Notification: Subject to the terms and conditions set forth herein, there will be ten (10) prize winners (each, a “Winner” and collectively, the “Winners”) randomly selected from among all qualifying Entrants on or about December 8, 2015.
The Winners will be notified by email on or about December 8, 2015. If a Winner: (a) is unreachable; (b) does not make direct contact with the CAVS by the date specified in the notification message; or (c) fails to accept a Prize, the CAVS reserve the right, in their sole and absolute discretion, to disqualify such Winner and, to select a replacement Winner from the remaining qualifying Entrants. The CAVS shall not be responsible for failed attempts to notify the Winners and no responsibility is assumed by the CAVS for any correspondence returned as undeliverable or any other problems associated with attempt(s) to notify the Winners. Odds of winning depend upon the number of eligible entries received.
6. Winner Verification: Upon the request of the CAVS, the Winners must sign and return the following documents by a date determined by the CAVS in order to be eligible to receive a Prize: (a) an affidavit of eligibility; and (b) a liability/publicity release in form and substance satisfactory to the CAVS. If any of the foregoing documents are not completed, signed, and returned within the stated time, or if a Winner is deemed by the CAVS to be ineligible or not to have complied with these Official Sweepstakes Rules, then such Winner will be disqualified and an alternate Winner will be selected from the remaining qualifying Entrants, time permitting.
7. Prize Conditions, Terms, and Restrictions: Only the Prize described in these Official Sweepstakes Rules shall be awarded and no substitutions, cash equivalents, and/or redemptions may be made, except that, in the event of Prize unavailability, the CAVS reserve the right to substitute a Prize with another prize of equal or greater value, in the CAVS’ sole discretion. The Prize cannot be transferred, assigned, or redeemed for cash. The Winners shall be solely responsible for any and all costs not specifically described as part of the Prize, including (if applicable) any and all of his or her travel expenses and accommodations. If applicable, the Winner must be able to travel on those dates and times designated by the CAVS, in their sole discretion, and all travel arrangements shall be made by the Winner.
Except where prohibited by law, Prize acceptance constitutes a release granting the CAVS the right to use the Winners’ name, likeness, statements (if true), biographical information, voice, and cities and states of residence for advertising, marketing, and publicity purposes on a worldwide basis (without review by the Winners) and in all forms of media, without compensation, remuneration, or other authorization. The CAVS expressly disclaim any responsibility or liability in connection with injury or loss to any person or property relating to redemption of the Prize. The CAVS make no representations or warranties in connection with the Prize. Restrictions, conditions and limitations apply.
8. Posting Terms and License to Use Entrant Personal Information: In order to promote, market, and publicize the Sweepstakes, the CAVS and its respective affiliates may require a license to use any and all information, materials, and content submitted in the Sweepstakes including, but not limited to, each Entrant’s name (and likeness), biographical information, and any other personal information submitted. Accordingly, by submitting an entry, each Entrant expressly grants the CAVS a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, sub-licensable and transferable right and license to use, however the CAVS may deem fit in its sole and absolute discretion, whether in connection with the Sweepstakes or otherwise, all content submitted in connection with an entry.
9. Sweepstakes Conditions: The Sweepstakes is governed by and subject to all applicable federal, state, and local laws. By participating, Entrants waive any right to claim ambiguity in the Sweepstakes or in these Official Sweepstakes Rules. Any violation of these Official Sweepstakes Rules may result in disqualification and any violation of these Official Sweepstakes Rules by a Winner will result in such Winner’s disqualification as a Winner and all privileges as a Winner shall be immediately terminated. ENTRANTS RELEASE, DISCHARGE, AND AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS CAVALIERS OPERATING COMPANY, LLC, CAVALIERS HOLDINGS, LLC, FIRSTMERIT BANK, N.A., THE NATIONAL BASKETBALL ASSOCIATION AND ITS MEMBER TEAMS, NBA PROPERTIES, INC., AND EACH OF THEIR RESPECTIVE OWNERS, MEMBERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS AND REPRESENTATIVES FROM AND AGAINST ANY LIABILITY FOR ANY DAMAGES, INJURY OR LOSSES, TO ANY PERSON (INCLUDING DEATH), OR PROPERTY, OF ANY KIND RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF A PRIZE OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY OR PARTICIPATION IN THE SWEEPSTAKES.
10. Limitations of Liability: The CAVS shall not be held responsible for late, misdirected, incomplete, or undeliverable entries. The CAVS may prohibit an Entrant from participating in the Sweepstakes or winning the Prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair play, or intending to annoy, abuse, threaten or harass any other Entrants or the CAVS representatives or employees. If, for any reason, the Sweepstakes is not capable of running as planned including, but not limited to, by reason of tampering, unauthorized intervention, labor dispute, fraud, or any other causes beyond the control of the CAVS which, in the sole opinion of the CAVS, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then the CAVS reserve the right, in their sole discretion, to cancel, terminate, modify or suspend the Sweepstakes and select the Winners based on entries received prior to the action taken.
11. Claims/Choice of Law: (a) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees; and (b) under no circumstances will Entrant be permitted to seek the award of, and Entrant hereby waives all rights to claim, punitive, incidental and consequential damages or any other damages, other than actual out-of-pocket expenses, and hereby waives all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Sweepstakes Rules, or the rights and obligations of Entrants and/or the CAVS in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Ohio, without regard for conflicts of law doctrine, and all proceedings shall take place in the State of Ohio. All Entrants agree to submit to the exclusive jurisdiction of the courts of the State of Ohio and agree to waive the right to a jury trial with respect to any claim or dispute with regard to any aspect of the Sweepstakes or Official Sweepstakes Rules.
12. Winners List: For a copy of the first name, last initial, and city of residence of the Winners, send a postage paid, self-addressed envelope to:
One Center Court
Cleveland, Ohio 44115
Attn: Emily Multari
Requests must be received within thirty (30) days of the date the Sweepstakes officially ends.