Banner Moments Terms & Conditions for Non-Contest Submissions
1. Eligibility: “Banner Moments” is open to all legal U.S. residents 18 years of age or older and legal U.S. residents 13 to 17 years of age with permission of a parent or legal guardian. 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, 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,” participants affirm that they are in compliance with the rules.
2. Assignment of Rights: All participants agree that 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 (all collectively hereinafter “NBA Entities”) and their designees may use participant’s "Banner Moments" entry, participant'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. Participants further grant the NBA Entities a royalty-free, world-wide, perpetual, non-exclusive license to display, distribute, reproduce, and create derivative works of 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, participants 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, and agree to hold the NBA Entities 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 (all, collectively, “Losses”) by the NBA Entities, due in whole or in part, directly or indirectly, to any use by any of the NBA Entities or their designees of any portion of a particular entry, even if such Losses were caused or contributed to by the negligence of the NBA Entities. By entering, participants also acknowledge that the Celtics may edit participants' submissions in any way.
3. Additional terms: The Sponsor reserves the right, in its sole discretion, to modify, suspend or terminate "Banner Moments" (or any portion thereof) at its sole discretion. The NBA Entities shall not be liable for costs, damages, or any other liabilities resulting from any submission of illegal or illicit content.
4. Disputes/Choice of Law: All decisions of the Sponsor with regard to "Banner Moments" are final. Except where prohibited, each participant 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" 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 participant 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; and (iv) under no circumstances will any participant 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. Participants also waive any and all rights to have damages multiplied or otherwise increased.
6. Sponsor: Banner Seventeen, LLC, d/b/a Boston Celtics ("Celtics").