BLACK HISTORY MONTH SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR PARTICIPATE IN THE SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. SWEEPSTAKES BEGINS AT 9 A.M. ON MONDAY FEBRUARY 18, 2013 AND ENDS AT 4 P.M. ON FRIDAY, FEBRUARY 28, 2013.
1. HOW TO ENTER: There are two (2) ways to enter the contest: 1) Send a text message to 78307 with one of the keywords PROUD, ADMIRE, AMAZED, COURT, HEROIC, WINNER, BELIEVE, HISTORY, HONOR, DIVERSE or BEYOND in the body of the message (a “Text Entry”). All entrants must have a text messaging two-way capable handset and digital service in order to enter the sweepstakes by Text Entry. Entrants may be sent a text message to confirm entry into the sweepstakes. Entrants entering by Text Entry will be charged standard text messaging rates for text messages sent and received from their handset according to the terms and conditions in their wireless calling plan. Text messaging and wireless service are not available in all areas. By submitting a Text Entry, you will automatically be subscribed to True Blue Text. Subscription includes team news, scores, access to regular season presales and other exclusive offers, contests and giveaways. You will receive approximately ten to fifteen text messages per week. You can unsubscribe at anytime by replying STOP; or 2) print your name, address, telephone number, and age on a 3" X 5" piece of paper, Black History Month Sweepstakes, 8701 Maitland Summit Boulevard, Orlando, FL 32810 (a “Postcard Entry”). All entries must be received by 4:00 PM (ET) on February 28, 2013 to be eligible for the drawing.
No mechanically reproduced entries or illegible, incomplete, forged or altered entries will be accepted. The Sponsor is not responsible for: (i) late, lost, stolen, damaged, garbled, delayed, postage due, misaddressed, or misdirected entries or mail. Technical, hardware or software malfunctions, lost or unavailable network or internet connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications, whether caused by the sender or by any of the equipment or programming associated with or utilized in this contest; (iii) the incorrect or inaccurate capture of information whether caused by Website users, tampering, hacking or by any equipment or programming associated with or used in the contest; (iv) errors of any kind whether human, mechanical, electronic, network or otherwise arising out of or relating to the contest; (v) theft, loss, or destruction of, or damage to, a Text Entry, in whole or in part; (vi) electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind or insufficient space in an entrant’s e-mail account to receive e-mail messages or in an entrant’s telephone account to receive text messages; and (vii) any other factors beyond the reasonable control of the Sponsor(s). Each entrant assumes all risk of any damaged, lost, late, incomplete, invalid, incorrect or misdirected entry. Limit of one (1) Text Entry per day per phone number. All entries become the exclusive property of the Sponsor(s) and will not be returned.
2. PRIZE AND ODDS: One (1) Grand Prize: Two (2) Courtside tickets and access to the Mercedes-Benz Star Lounge for the March 8, 2013 game which includes two (2) tickets with an approximate retail value of one thousand seven hundred eighty dollars ($1,780.00). Odds of winning are determined by the number of eligible entries received. Prize will be awarded (assuming sufficient number of eligible entries). Limit one prize per family or household. Sponsor(s) retain the right to substitute prize(s) of equal or greater value when necessary. Any difference between the stated value and actual value will not be awarded.
3. ELIGIBILITY: The Sweepstakes is open to individual legal residents of Florida who reside within 75 miles of Orlando, FL, eighteen (18) years of age or older as of the beginning of the sweepstakes, except for employees and their immediate families (spouse, parents, siblings, and children) and members of the same household of the Sponsor, Orlando Magic, Ltd. (“Orlando Magic”), Orlando Events Center Enterprises, LLC, Amway Center, RDV Sports, Inc., the National Basketball Association (“NBA”) and its Member Teams, NBA Properties, Inc. and each of their respective parent organizations, subsidiaries, affiliates, directors, officers, owners, advertising and promotion agencies, and agents. Proof of eligibility may be required.
4. SELECTION OF WINNER: Winner will be determined from among all eligible entries received by a random drawing to be conducted on March 1, 2013 by a representative of the Orlando Magic, whose decisions are final on all matters relating to this sweepstakes. Winner will be notified by phone.
The prize is not redeemable for cash and may not be transferred or substituted. If by reason of a printing or other error, more prizes are claimed than the number set forth in these official rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of prizes will be awarded.
5. VERIFICATION OF WINNER AND DELIVERY OF PRIZE: Winner may be required to sign an Affidavit of Eligibility and Liability Release and, where permitted, Publicity Release. Prize may be awarded to alternate winner selected randomly from other eligible entries if: Affidavit/Release is not returned within ten (10) days after mailing to winner; winner fails to meet the eligibility requirements set forth in Section 3; the prize notification letter or prize are returned as undeliverable; two (2) attempts to contact winner by phone are unsuccessful; or winner declines the prize.
6. DISPUTE RESOLUTION
(a) Informal Dispute Resolution. Prior to filing any arbitration proceeding pursuant to paragraph 6(b) hereof, the party intending to file such a proceeding shall notify the other party in writing of the existence and the nature of the dispute. The parties each agree that within ten (10) business days of the other party's receipt of such notice, a representative of each party shall meet for a minimum of one (1) eight (8) hour day, or such shorter period of time if the dispute is more quickly resolved, in Orlando, Florida in order to attempt to amicably resolve the dispute. If such informal dispute resolution attempts prove to be unsuccessful, the notifying party may initiate the dispute resolution procedures available as set forth herein. Each party shall bear its own costs associated with the meeting and in no event shall either party be liable to the other for any costs or expenses incurred as a result of such meeting.
(b) Arbitration. Except as provided in paragraph 6(c) with respect to injunctive proceedings, and paragraph 6(a) with respect to informal dispute resolution, all controversies, disputes or claims arising between the parties arising out of or related to the sweepstakes shall be submitted promptly for arbitration to be conducted in Orlando, Florida, and administered by the American Arbitration Association. Such arbitration proceedings shall be resolved by a single arbitrator selected by mutual agreement of the parties. If the parties are unable to agree on the appointment of the arbitrator to resolve the dispute within thirty (30) days from the date when the request for arbitration initially has been communicated to the other party, such appointment shall be made by the American Arbitration Association. The arbitrator shall have the right to award or include in the award any relief deemed proper under the circumstances, including attorneys’ fees and costs incurred by the prevailing party. The award and decision of the arbitrators shall be conclusive and binding upon all parties hereto and judgment upon the award may be entered in any court of competent jurisdiction. The parties waive any right to contest the validity or enforceability of such award.
(c) Injunctive Relief. The parties acknowledge that violation of these official rules would cause irreparable harm that would not be adequately compensable by monetary damages. In addition to other relief, it is agreed that preliminary and permanent injunctive relief will be available to prevent any actual or threatened violation of such provisions.
7. GENERAL: This sweepstakes is void where prohibited or restricted by law and is subject to all applicable federal, state and local laws and regulations. The sweepstakes shall in all respects be governed by, and construed in accordance with, the laws of the State of Florida, including all matters of construction, validity and performance, without giving effect to its conflict of laws provisions. Taxes and fees, if any, are the sole responsibility of winner, who may be required to sign an IRS form 1099 or the equivalent. By participating in this sweepstakes, each entrant accepts the conditions stated in these Official Rules, agrees to be bound by the decisions of the judges, and warrants that he or she is eligible to participate in the sweepstakes. Sponsor reserves the right, in their sole discretion, to disqualify any entrant from this sweepstakes or any other promotion conducted now or in the future by Sponsor, Orlando Magic, Orlando Events Center Enterprises, LLC, Amway Center, RDV Sports, Inc., the NBA and its Member Teams, NBA Properties, Inc. and each of their respective parent organizations, subsidiaries, affiliates, directors, officers, owners, advertising and promotion agencies, and agents if he or she tampers with the entry process or his or her fraud or misconduct affects the integrity of the sweepstakes. Sponsor reserves the right to cancel, terminate or modify the sweepstakes should any virus, bug, tampering, technical failure, unauthorized human intervention or other cause beyond Sponsor's control corrupt or affect the administration, security, fairness or proper conduct of the sweepstakes. The Sponsor is not liable to a winner or to any other person for failure to supply the prize described herein (or any part thereof) by reason of such prize (or any portion thereof) becoming unavailable or impracticable to award for reasons beyond the reasonable control of the Sponsor, or for any force majeure event, technical or equipment failure, terrorist acts, labor dispute, or act/omission of any kind (whether legal or illegal), transportation interruption, civil disturbance, or any other cause beyond the reasonable control of the Sponsor. Each entrant agrees to hold harmless and indemnify Sponsor, Orlando Magic, Orlando Events Center Enterprises, LLC, Amway Center, RDV Sports, Inc., the NBA and its Member Teams, NBA Properties, Inc. and each of their respective parent organizations, subsidiaries, affiliates, directors, officers, owners, advertising and promotion agencies, and agents (collectively, the “Indemnified Parties”) from any and all liability, loss or damages or causes of action arising from or in connection with such entrant’s participation in or the winner’s receipt or use of the prize awarded in the sweepstakes. Winner agrees to the use of their name, likeness, biographical data, and/or voice in any and all advertising, promotions, and other publicity conducted by the Indemnified Parties, Orlando Magic, Orlando Events Center Enterprises, LLC, Amway Center, RDV Sports, Inc., the NBA and its Member Teams, NBA Properties, Inc. and each of their respective parent organizations, subsidiaries, affiliates, directors, officers, owners, advertising and promotion agencies, and agents in any medium without additional authorization, compensation or remuneration to the extent permitted by law. Sponsor is responsible only for delivery of prize, and not for use, utility, quality or otherwise.
8. WINNER LIST: To obtain winner name, send a self-addressed, stamped envelope to: Black History Month Sweepstakes, 8701 Maitland Summit Boulevard, Orlando, FL 32810. Requests must be received by March 4, 2013. The winner name will be sent after selection of winner.
9. SPONSOR: Orlando Magic, Ltd., 8701 Maitland Summit Blvd., Orlando, FL 32810.