2013 “Boston Celtics What Kind of Fan Are You? Sweepstakes” Presented by TD Bank - Official Rules
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. PRIZE ACCEPTANCE RELEASE IS REQUIRED.
1. Eligibility. The 2013 Boston Celtics What Kind of Fan Are You? Sweepstakes Presented by TD Bank (the “Sweepstakes”) is only open to legal residents of the U.S. who live within a 75-mile air radius of Boston, Massachusetts as of the date of entry. Employees, household members (legally related or not) of employees, and the immediate family members (i.e., spouses, parents, legal-guardians, in-laws, siblings, grandparents, grandchildren and children) of employees of TD Bank, N.A., the Boston Celtics, the National Basketball Association and its Member Teams, NBA Properties, Inc., and/or any of the respective parents, subsidiaries, affiliates, directors, officers, governors, owners, advertising and promotion agencies and agents of any of the preceding entities (all, collectively, the “NBA Entities”) are not eligible to enter or win.
2. Time for and Method of Entry. The Sweepstakes will begin at 12:01AM Eastern Time (“ET”) on September 27, 2013 and will end at 11:59PM ET on October 28, 2013. No entries will be accepted after October 28, 2013. There are two (2) methods of entry for this Sweepstakes, both available through http://www.nba.com/celtics/subscribe/ (the “Website”), as follows:
(i) Online Entry: To enter the Sweepstakes online, completely fill out and submit the registration form on the Website. Upon completion, you will be automatically entered into
(ii) Mail-In Entry: To enter the Sweepstakes by mail, print, fill out, and mail the registration form accessible online to: 2013 “Boston Celtics What Kind of Fan Are You? Sweepstakes” at 226 Causeway Street, 4th floor, Boston, MA 02114.
LIMIT ONE (1) ENTRY PER PERSON (REGARDLESS OF METHOD). Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information or otherwise may be disqualified. Mechanically reproduced entries may be disqualified. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Sponsors (as defined in Section 11) are not responsible for lost, late, incomplete, inaccurate, forged, mass-reproduced or mass-transmitted, mutilated, stolen, destroyed, invalid, delayed, unintelligible, misdirected, technically corrupted, undelivered or garbled mail-in or electronic entries or email; postage-due entries and such entries are void; 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 viruses 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 Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prizes, or in any Sweepstakes-related materials or the cancellation or postponement of the game. For purposes of this Sweepstakes, an online entry is “received” when the Website’s servers record the entry information. Proof of sending (such as an automated computer receipt confirming entry or “thanks for entering” message) does not constitute proof of actual receipt of an entry for purposes of this Sweepstakes. The Website’s database clock will be the official time keeper for this Sweepstakes. Illegible and/or incomplete entries and entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsors may be disqualified.
The Sponsors are not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes, or whom Sponsors believe to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Sweepstakes, as determined at the sole and absolute discretion of Sponsors, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future Sweepstakes. ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE (INCLUDING THE SWEEPSTAKES WEBSITE) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsors reserve the right, at their sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
3. Prize Rules. The Sponsors reserve the right, in their sole discretion, to modify, suspend, terminate the Sweepstakes (or any portion thereof), or take any other action deemed necessary, should any virus, bugs, non-authorized human intervention or other causes beyond the reasonable control of Sponsors, including, but not limited to, war or armed conflict (whether or not officially declared), labor controversy or threat thereof, and/or acts of God, corrupt or impair the administration, security, fairness or proper play of the Sweepstakes and, in the event of termination or suspension, at its discretion, select winner for the drawing at issue from among all eligible, non-suspect entries received as of the date of the event requiring such termination or suspension. By participating in this Sweepstakes, entrants agree to be bound by these “Official Rules”, and the decisions of the Sponsors, which are final and binding in all respects. Failure to abide by these Official Rules may result in disqualification. All materials submitted become the property of Sponsors and will not be returned. In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the registered account holder of the e-mail address associated with the entry for the domain associated with the submitted address provided that person is eligible. Winners may be required to show proof of being the registered account holder. Registered account holder is defined as the person assigned to an e-mail address by an Internet access provider, on-line service provider or other organization responsible for assigning e-mail addresses. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsors’ satisfaction, the affected entry will be deemed ineligible. Sponsors are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant's e-mail account to receive e-mail messages.
Prizes are not transferable, and no substitutions or cash redemptions are allowed, except by Sponsors, which reserve the right to substitute a prize (or component thereof) with one of comparable or greater retail value, at their sole discretion. All costs and expenses not stated herein as being provided in connection with the redemption, receipt and/or use of the prize are the responsibility of each winner, including, without limitation, transportation. All prize details are at Sponsors’ sole discretion. Prize details and availability are subject to change and prize provider's rules and restrictions, and in the event that Sponsors are unable to provide the winner with his/her prize, the Sponsors may elect to provide winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value. Unclaimed prizes will be forfeited.
4. Prize Winner Selection and Notification. Each entrant will select one of four (4) grand prize drawings to enter: “Diehard Fan,” “Social Fan,” “Business Fan,” or “Family Fan.” Each entry for a grand prize will also automatically be entered into a drawing for the Sweepstakes’ additional prize. There will be four (4) grand prize winners (one (1) for each grand prize), each selected by random drawing from among all entries into the relevant grand prize drawing on or before October 28, 2013, and one (1) additional winner to be selected by random drawing on October 31, 2013 from among all entries (into all grand prize drawings) received on or before October 28, 2013. Any winner of any grand prize will not be eligible for any other grand prize or the additional prize. The Diehard Fan grand prize winner will receive two (2) Courtside tickets for a regular season Celtics home game played at the TD Garden during the 2013-14 season, parking for that game, a twenty dollar ($20) credit to be used for concessions or merchandise at the TD Garden, and the opportunity to watch Coach Brad Stevens’ postgame press conference after the game. The approximate retail value (‘ARV’) of the Diehard grand prize is five hundred dollars ($500). The Social Fan grand prize winner will receive a luncheon with a Celtics Legend on a date selected in the Celtics sole discretion after consultation with the prize winner, and a gift basket containing Celtics memorabilia. The Celtics Legend will be selected by the Celtics in their sole discretion, subject at all times to availability. The approximate retail value (‘ARV’) of the Social grand Prize is five hundred dollars ($500). The Business Fan grand prize winner will receive eighteen (18) tickets for seats in a private suite for a regular season Celtics home game played at the TD Garden during the 2013-14 season and a padfolio or ipad case for each person using such tickets. The approximate retail value (‘ARV’) of the Business grand prize is five hundred dollars ($500). The Family Fan grand prize winner will receive four (4) lower level tickets for a regular season Celtics home game played at the TD Garden during the 2013-14 season, parking for that game, two (2) Club Green Kids memberships, two (2) spots in the High Five Kids Tunnel, a twenty dollar $20 credit to be used for concessions or merchandise at the TD Garden, a family photo at center court, and a meet and greet with Celtics Mascot Lucky the Leprechaun. The approximate retail value (‘ARV’) of the Family grand prize is five hundred dollars ($500). In addition to the four (4) grand prize winners, one prize winner will win two (2) tickets for a regular season Celtics home game played at the TD Garden during the 2013-14 season. All specific seat locations referenced herein will be selected by the Celtics in their sole discretion; all specific game dates referenced herein will be selected by the Celtics in their sole discretion after consultations with prize winners.
Each prize winner will be notified by email or telephone within a reasonable time after each drawing. It is the sole responsibility of each entrant to notify the Celtics if his or her email address or telephone number changes. The Sponsors are not responsible for false, incorrect, changed, incomplete, or illegible contact information. In the event the Prize Winner cannot be contacted within a reasonable time frame or declines the prize, another winner will be selected by the same criteria under this section.
5. Additional Prize Terms. Winners are solely responsible for all applicable federal, state and local taxes and any expenses associated with any prize they receive. It is the sole responsibility of each entrant to notify the Celtics if his or her email address or telephone number changes. Winner must show a photo ID at Will Call to retrieve the tickets. Sponsors are not responsible for false, incorrect, changed, incomplete or illegible contact information. Winners’ attendance at any Celtics home game is subject to the general ticket rules and regulations established from time to time by Delaware North Corporation – Boston (“DNC-B”), the owner of the TD Garden, and by the Celtics (the “Ticket Rules”). In the event of a violation of the Ticket Rules, both DNC-B and the Celtics shall have the right to eject the violators from the TD Garden. If any prize winner or prize winner’s guest is ejected from TD Garden, he or she shall not have any rights to other prizes or compensation. Sponsors will not be responsible for awarding any un-awarded portion of a prize to a prize winner if the prize winner undertakes activities or communicates messages or images or engages in speech publicly or made known publicly that: (a) are sexually explicit, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; (b) are obscene or offensive, or may create public disrepute, contempt, scandal or ridicule; (c) defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any third party’s or prize provider's personal or intellectual property rights or contain disparaging remarks about other people or companies; (d) are inconsistent with the positive images and/or goodwill to which the Sponsors wish to associate (which may be determined by the Celtics, at their sole and absolute discretion); and/or (e) otherwise violate the terms of any of the agreements that the winners have agreed to comply with as an entrant of this Sweepstakes.
Except where prohibited by law, in consideration for being awarded a prize, the winners hereby agree and consent, without further authorization, compensation or remuneration of any kind, to the use of the winner’s name, voice, biographical material, and/or likeness, in all forms of media and by all manners (now and hereafter known), worldwide, in perpetuity, in any and all advertising, Sweepstakes and other publicity conducted by the Sponsors and the NBA Entities. Entrants agree not to issue any publicity concerning the Sponsors or NBA Entities. The winners may be required to execute an affidavit (“Affidavit”) affirming his/her eligibility to enter and win and that he/she agrees to all terms and conditions of the Sweepstakes; failure to execute such Affidavit if requested will result in ineligibility for any prizes and another winner will be selected. If a winner is under eighteen (18) years of age, a parent may be required to sign such Affidavit in order to remain eligible for any prizes.
6. Odds of Winning. Odds of becoming a grand prize winner for the Sweepstakes are dependent on the number of eligible entries received for the relevant grand prize. Odds of becoming the winner of the additional prize are dependent on the total number of eligible entries received into all grand prize drawings. There will be one (1) grand prize winner for each of the following four (4) grand prize options: Diehard Fan, Social Fan, Business Fan, and Family Fan. In addition, there will be one (1) prize winner of two (2) tickets to a Celtics game as described in Section 4.
7. Liabilities and Dispute Resolution. By entering the Sweepstakes, all entrants agree that Sponsors maintain the right to decide all matters and disputes arising from the Sweepstakes, that Sponsors’ determination of the winners will be final and binding, as well as agreeing to hold harmless and indemnify the Sponsors and the NBA Entities from and against any liability, damages, or causes of actions (however named or described), with respect to or arising out of: (i) the entrants’ participation in the Sweepstakes, including, but not limited to, personal injury, death and/or property damage, as well as claims based on publicity rights, defamation and/or invasion of privacy; (ii) the delivery, misdelivery, acceptance, possession, use of, misuse of, or inability to use any prize (including any type or manner of costs or damages), whether under a theory of contract, tort (including negligence), warranty, or any other theory; and (iii) travel to or from any Sweepstakes-related activity. By accepting a prize, each winner agrees that the NBA Entities will have no liability and will be held harmless by such winner for any liability, loss, injury, or damage to property or to person, including death, due in whole or in part, directly or indirectly, by reason of the acceptance, participation in, use or misuse of the prize or participation in the Sweepstakes, even if caused or contributed to by the negligence of any of the NBA Entities.
8. Identification of Winners. For a complete list of winners, or for a copy of the Official Rules, send a written request along with a self-addressed stamped envelope for receipt by November 30, 2013 to: “What Kind of Fan Are You? Sweepstakes” c/o Boston Celtics, 226 Causeway Street, 4th Floor, Boston, MA 02114. Please indicate whether you are requesting a list of winners or a copy of the Official Rules.
9. Disputes. The Sweepstakes is void where prohibited by law. By entering the Sweepstakes, each entrant agrees that to the extent permitted by applicable law: (1) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes or any prize awarded, will be resolved individually, without resort to any form of class action; and (2) entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental, exemplary, consequential or special damages, lost profits, and/or any right to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants and Sponsors in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Massachusetts, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.
11. Sponsors. Boston Celtics, Corporate Partnership Services, 226 Causeway Street, 4th floor, Boston, MA 02114 and TD Bank, N.A., 70 Gray Road, Falmouth, ME 04105 (together, “Sponsors”).