Banner Moments Media Contest Rules
1. Eligibility: "Banner Moments Media Contest" is open to sports media personalities by invitation only. Not open to employees or immediate family members (spouses, parents, siblings and children) of employees of the Boston Celtics, the National Basketball Association and its Member Teams, NBA Properties, Inc., and their respective parents, subsidiaries, affiliates, directors, officers, governors, owners, employees and agents (hereinafter "NBA Entities"). Void where prohibited, or otherwise restricted, by law. All federal, state and local laws and regulations apply. The entry must be the original work of the submitter, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. By entering "Banner Moments Media Contest," entrants affirm that they are in compliance with the rules and meet all of the eligibility requirements of the contest.
2. How to Participate: Invited media members will submit their favorite Celtics memories via the Celtics' Heather Walker. Submissions may contain text, photo, and/or video, in formats deemed acceptable by the Celtics. Entries may also be submitted via mail to Banner Moments Media Contest, c/o Boston Celtics, 226 Causeway St. 4th Floor, Boston, MA 02114. The entrant must have all rights to his or her entry and will, in turn, assign all rights to the Boston Celtics. Any photos, videos, etc. that are submitted will not be returned. Entries must be received between 04/16/11 and 04/29/11. No entries will be accepted after 04/29/11. There is a limit of one entry per person. Sponsor will not be responsible for lost, misdirected, late, postage due, incomplete, or illegible entry forms. Incomplete entries will be void. Any entry that contains prohibited or inappropriate content, or that is insufficiently detailed, as determined by Sponsor in its sole discretion, will not be eligible for selection as a winner.
3. Prize Winner Selection: ODDS OF WINNING ARE DEPENDENT ON THE NUMBER OF ENTRIES RECEIVED. "Winner" will be selected via fan voting on Celtics.com in early May 2011. "Winner" will be the entrant who submits the memory that fans voting in the online poll deem the "best" by their individual standards.
4. Prizes: The prize winners will be notified by phone or e-mail, though not necessarily on the date of the selection. In the event a winner cannot be contacted or declines the prize, another winner will be selected. Winner will be required to sign an affidavit of eligibility and liability/publicity release prior to participation in prize. There will be Two (2) Prizes:
Winner: The Celtics shall donate a suite night at a Celtics home game to be played at the TD Garden during the 2011-2012 NBA regular season to the charity of Winner's choice, as long as such charity is located within seventy-five (75) air miles of the city of Boston. Suite night shall include eighteen (18) tickets for seats in a luxury suite and food and beverage from the in-suite menu available for purchase. Exact location of the suite and exact game shall be determined by Sponsor in its sole discretion. (Approximate Retail Value ("ARV") $5,000); and
All Entrants: On behalf of each non-Winner entrant who meets the eligibility requirements in Section 1 of the these Rules and whose entry is appropriate and sufficiently detailed (in the sole discretion of the Celtics), the Celtics shall donate ten (10) tickets for loge-level seats at one (1) Celtics home game to be played at the TD Garden during the 2011-2012 NBA regular season to the charity of such entrant's choice, as long as such charity is located within seventy-five (75) air miles of the city of Boston. Exact location of seats and exact game shall be determined by Sponsor in its sole discretion. (ARV $600).
Each entrant receiving a prize, including Winner, shall inform Sponsor in writing of his/her choice of charity to receive the prize on or before 08/31/11. Each entrant shall provide Sponsor with the selected charity's contact information, including phone number, email address of appropriate contact person, and mailing address. All designated charities must be validly registered 501(c)(3) organizations under the Internal Revenue Code. In the event any winner's or entrant's selected charity declines the Prize, such winner or entrant may specify a substitute charity.
5. Assignment of Rights: Regardless of a entrant's eligibility to win a prize, all entrants agree that the NBA Entities and their designees may use their "Banner Moments Media Contest" entry, entrant's name, voice, city/state of residence, photograph and/or likeness for advertising and/or trade and/or for any other purpose in any media or format now or hereafter known without further compensation, permission or notification. Entrants further grant the NBA Entities a royalty-free, world-wide, perpetual, non-exclusive license to display, distribute, and reproduce the entries, in whole or in part, in any media now existing or subsequently developed, for any purpose, including, but not limited to advertising and promotion. The NBA Entities will not be required to pay any additional consideration or seek any additional approval in connection with any use of any portion of any entry. By entering, entrants warrant that they have the rights to use (and assign to the NBA Entities the above rights to use) any materials submitted as part of their entry or entries, agree to grant and agree to hold Sponsor harmless for any liability, loss, injury, or damage to property or to person, including claims of infringement, misappropriation, or other misuse or alleged misuse of the intellectual property rights, rights of privacy, or rights of publicity of a third party by the NBA Entities, due in whole or in part, directly or indirectly, to any use by Sponsors or their designees of any portion of a particular entry, even if caused or contributed to by the negligence of the NBA Entities. By entering, entrants also acknowledge that the Celtics may edit entrants' submissions in any way the Celtics deem fit on an as needed basis.
6. Miscellaneous: Entrants are responsible for any applicable federal, state and local taxes, as well as any other costs and expenses associated with acceptance and use of prize not specified as covered as part of prize herein. No transfer, assignment, cash redemption or substitution of prize (or portion of prize) is permitted except by Sponsor due to prize unavailability and then for a prize (or applicable portion of prize) of equal or greater value as determined by Sponsor in its sole discretion. By participating, entrants agree to be bound by these Official Rules and agree that Sponsor maintains the right to decide all matters and disputes arising from "Banner Moments Media Contest," and that Sponsor's determination of the Winner (as selected by fans) will be final and binding. By accepting prizes, entrants agree (and agree to ensure that their designated charities agree) that the NBA Entities will have no liability and will be held harmless by entrants 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 prizes or participation in "Banner Moments Media Contest," even if caused or contributed to by the negligence of any of the NBA Entities. In consideration for being awarded prizes, entrants and their selected charities hereby agree and consent, without further authorization, compensation or remuneration of any kind, to the use of their names and/or likenesses in any and all advertising, promotions and other publicity conducted by the NBA Entities in connection with the contest, except where prohibited.
7. Additional terms: The Sponsor reserves the right, in its sole discretion, to modify, suspend or terminate "Banner Moments Media Contest" (or any portion thereof) should virus, bugs, non-authorized human intervention or other causes beyond the reasonable control of Sponsor, 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 "Banner Moments Media Contest" and, in the event of termination or suspension, at its discretion, select a Winner from among all eligible, non-suspect entries received as of the date of the event requiring such termination or suspension. Sponsor is not responsible for lost, late, forged, mass-reproduced or mass-transmitted, misdirected, mutilated, incomplete or illegible mail or entries and such entries are void; Sponsor is also not responsible for telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures or difficulties, errors or failures in transmission or reception and/or any condition caused by events which may cause the contest to be disrupted or corrupted.
8. E-mail Change of Address Policy: It is the sole responsibility of the entrant to notify the Celtics if his or her e-mail address or phone number changes.
9. Disputes/Choice of Law: All decisions of the Sponsor with regard to "Banner Moments Media Contest" are final. Except where prohibited, each entrant agrees that: (i) all issues and questions concerning these Official Rules shall be governed by Massachusetts law without giving effect to any principles of conflicts of law of any jurisdiction; (ii) any and all disputes, claims and causes of action at law or in equity arising out of or relating to "Banner Moments Media Contest" or any prize awarded shall be (A) resolved individually, without resort to any form of class action; and (B) filed only in the state courts situated in Massachusetts, and entrant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such disputes, claims or causes of action; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; and (iv) under no circumstances will any entrant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental, special, consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
11. Identification of Winners: For a complete list of entrants, or for a copy of the "Banner Moments Media Contest" Rules, send a written request along with a self-addressed stamped envelope for receipt by 08/15/11 to: "Banner Moments" c/o Boston Celtics, 226 Causeway Street, 4th Floor, Boston, MA 02114.
12. Sponsor: Banner Seventeen, LLC, d/b/a Boston Celtics ("Celtics").