NBA TV “Barrier Breaker” SWEEPSTAKES
OFFICIAL RULES AND REGULATIONS
NO PURCHASE IS NECESSARY TO ENTER OR CLAIM A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
BY SUBMITTING AN ENTRY, YOU AGREE AND ACKNOWLEDGE THAT YOUR ENTRY, NAME AND/OR USERNAME MAY BE SHOWN ON AIR AND/OR ONLINE.
ENTRY VIA TWITTER ONLY. INTERNET CONNECTION AND TWITTER ACCOUNT REQUIRED. "PROTECTED" SOCIAL MEDIA ACCOUNTS MAY NOT BE ABLE TO SEND ENTRIES. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY OR ASSOCIATED WITH TWITTER, INC. OR THE NATIONAL BASKETBALL ASSOCIATION.
1. ELIGIBILITY: The NBATV “Barrier Breaker” Sweepstakes (“Promotion”) is open to all legal residents of the 50 United States and the District of Columbia, age 13 years or older at the time of entry; provided, however, that employees, officers, directors, agents and shareholders (and their immediate families (spouse, parent, child, sibling and their respective spouses) and household members (whether or not related)) of Turner Digital Basketball Services, Inc. (the “Sponsor”), NBA.com, adidas® Group, and any of their respective parents, subsidiaries, divisions, trustees, agents, sponsors, franchisees, participating vendors, distributors, advertising and promotion agencies and affiliated entities (collectively, with the Sponsor, the “Promotion Entities”) shall not be eligible to enter and/or win the Promotion. Void wherever prohibited by law. By entering the Promotion you are an entrant (“Entrant”) and agree to accept and be bound by all terms of these Official Rules and Regulations (“Official Rules”).
2. PROMOTION PERIOD: Sponsor will conduct a national Promotion during the month of February encouraging participants to enter for a chance to win a prize in three (3) prize drawings. Entries received between 12:00:00 PM ET Monday and 12:00:00 PM ET Tuesday during the Promotion Period (each a “Promotion Period”) will be eligible for the weekly prize drawings in the relevant week as shown in the chart below.
February | Promotion Periods (Noon-Noon Eastern Time) | Prize Drawing Date
Week 1 | 12:00 pm 02/06/2017 - 12:00 pm 02/07/2017 | 02/07/2017
Week 2 | 12:00 pm 02/13/2017 - 12:00 pm 02/14/2017 | 02/14/2017
Week 3 | 12:00 pm 02/27/2017 - 12:00 pm 02/28/2017 | 02/28/2017
3. HOW TO ENTER: To participate and enter this Promotion, you will need a Twitter account. If you don't already have one, visit www.twitter.com to create a free account.
During each Promotion Period, tell us who your favorite barrier breaker is and why, and use the hashtag #barrierbreakersweepstakes (an “Entry”). All Entries must be received by 12:00 pm Noon ET on the Tuesday of the relevant Promotion Period to be eligible. Follow @NBATV so you can receive a Direct Message if your Entry is selected.
Limit one (1) Entry per person during each Promotion Period. Entries not selected from one Promotion Period drawing will not be eligible for subsequent drawings. You can enter each Promotion Period but only one prize will be awarded per person.
Promotion Entities are not responsible for any changes to or unavailability of the Twitter service that may interfere with the Promotion (including any limitations, any restrictions, or any conditions on Sponsor's ability to use Twitter for the Promotion as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor via Twitter, in which case Sponsor, in its sole discretion, may terminate or modify the Promotion. The Promotion Entities are not responsible for misdirected, incomplete, lost, late, illegible, undelivered, inaccurate or delayed entries, or for technical, hardware, or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions or other errors or problems which may limit or affect a person’s ability to participate in the Promotion, whether human, mechanical, typographical, printing, electronic, network or otherwise, relating to or in connection with the Promotion, including, without limitation, errors which may occur in connection with the administration of the Promotion, the processing of entries, the announcement of the prizes or in any Promotion-related materials. In the event of sabotage, acts of God, terrorism or threats thereof, computer virus or other events or causes beyond the Sponsor’s control, which corrupt the integrity, administration, security or proper operation of the Promotion, Sponsor reserves the right, in its sole discretion, to disqualify Entrants and/or modify, cancel or suspend the Promotion. In the event of cancellation, Sponsor reserves the right to award prizes from among all eligible, non-suspect Entries received prior to the event requiring such cancellation. Entries generated by script, macro or other automated means will be void. False or deceptive entries or acts will render the entrant ineligible. Sponsor, in its sole discretion, reserves the right to disqualify and/or exclude any individual or Entry from the Promotion for any reason or no reason at all.
4. SELECTION OF WINNERS: One (1) prize winner (each a “Winner”) will be randomly selected by the Sponsor each Tuesday after the close of each Promotion Period. The Winner of the relevant week’s Promotion Period will be announced by the NBATVFan Night studio team on air and/or online. The odds of winning a prize will depend on the total number of eligible entries received during the relevant week’s Promotion Period. If you are not following @NBATV, Sponsor may not be able to contact you.
5. WINNER NOTIFICATION/REQUIREMENTS: All potential winners will be notified by direct message from Sponsor via Twitter. Potential winners must follow the instructions provided as part of the notification, which may include providing an email address, telephone number, user name, and/or other means of verification. Sponsor will attempt to contact a potential winner twice. If a potential winner (i) cannot be reached directly, (ii) does not respond to Sponsor within two (2) hours of the first notification attempt, (iii) is found ineligible, (iv) declines the prize, or (iv) fails to comply with these Official Rules, such person may be disqualified and a runner-up winner may be notified at the sole discretion of Sponsor. Potential winners must meet all eligibility requirements including the timely execution and return of all necessary releases and documents (if any) required by Sponsor; noncompliance may result in disqualification and, at Sponsor’s discretion, an alternate winner may be selected. In the event of a dispute, an Entry will be declared made by the authorized account holder of the e-mail address submitted at the time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. In the event a dispute regarding the identity of an entrant cannot be resolved to Sponsor’s satisfaction, the Entry at issue will be deemed ineligible. The decision of the Sponsor will be final and binding in all matters.
6. PRIZES: Each of the three (3) Winners will be awarded one pair of special edition shoes by Adidas® from their BHM/Arthur Ashe collection (“Prize”). TOTAL ARV OF EACH PRIZE: Two Hundred Dollars ($200.00). TOTAL ARV OF ALL PRIZES: Six Hundred Dollars ($600.00US)
No substitution or transfer of prizes or cash redemptions permitted by any Winners. Sponsor reserves the right to substitute for any reason whatsoever, including unavailable sizes, a prize (or portion thereof) of comparable or greater value, at its sole discretion. Prizes are awarded “as is” with no warranty or guarantee, either expressed or implied by the Sponsor. All prize details are at Sponsor’s sole discretion. Each Winner is responsible for the reporting and payment of all taxes (if any) as well as any other costs and expenses associated with acceptance and use of prize not specified herein as being awarded.
7. GENERAL RULES AND REGULATIONS: By entering this Promotion, you consent to being contacted by Sponsor via Twitter. By entering this Promotion, you grant Promotion Entities and their designees the right, unless prohibited by law, to use your name, city and state of residence, handle, voice, picture and likeness, without compensation, notification or approval, for the purpose of advertising and publicizing the goods and services of the Promotion Entities and all matters related to the Promotion, in any manner or medium, now or hereafter known, throughout the world in perpetuity. The Promotion Entities expressly disclaim any responsibility and entrants agree to indemnify and hold harmless the Promotion Entities from and against any and all claims, actions, demands and/or liability for injury, death, damage or loss whatsoever relating to or arising in connection with participation in this Promotion (regardless of the cause of such injury, damage or loss) and/or the delivery and/or subsequent use or misuse of any of the prizes awarded (including any travel or activity related thereto) and/or printing, distribution or production errors. Sponsor, in its sole discretion, reserves the right to disqualify and/or exclude any individual or entry from the Promotion for any reason or no reason at all.
If you opt to use Twitter via your wireless mobile device (which may only be available through participating wireless carriers and is not required to enter the Promotion), standard text messaging and/or data rates may apply for each message sent or received according to the terms and conditions of your service agreement with your wireless carrier.
THE PROMOTION ENTITIES EXPRESSLY DISCLAIM ANY RESPONSIBILITY AND ENTRANTS AGREE TO INDEMNIFY AND HOLD HARMLESS THE PROMOTION ENTITIES AND TWITTER FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS AND/OR LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO ANY PERSON OR PROPERTY WHATSOEVER RELATING TO OR ARISING IN CONNECTION WITH PARTICIPATION IN THIS PROMOTION (REGARDLESS OF THE CAUSE OF SUCH INJURY, DAMAGE OR LOSS) AND/OR THE DELIVERY AND/OR SUBSEQUENT USE OR MISUSE OF ANY OF THE PRIZES AWARDED (INCLUDING ANY TRAVEL OR ACTIVITY RELATED THERETO) AND/OR PRINTING, DISTRIBUTION OR PRODUCTION ERRORS. YOU ACKNOWLEDGE THAT NOTHING HEREIN SHALL CONSTITUTE AN EMPLOYMENT, JOINT VENTURE, OR PARTNERSHIP RELATIONSHIP BETWEEN YOU AND SPONSOR. IN NO WAY ARE YOU TO BE CONSTRUED AS THE AGENT OR TO BE ACTING AS THE AGENT OF SPONSOR.
CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Governing Law: Any and all disputes, claims and controversies arising out of or in connection with the Promotion or any prize awarded shall be governed by and construed exclusively in accordance with the laws and decisions of the State of New York applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions.
Disputes/Arbitration: PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
The Promotion Entities and you agree that these Official Rules affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
If a dispute arises out of or relates to this contract, or the breach thereof, and if said dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”) before resorting to arbitration.
Any dispute arising out of or relating to this contract or the breach thereof, that cannot be resolved by mediation within 30 days shall be finally resolved by arbitration administered by the AAA under its AAA Rules, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction. The arbitration will be conducted in the English language in the City of New York, New York, in accordance with the United States Arbitration Act. There shall be a single arbitrator, named in accordance with such rules.
The Promotion Entities shall bear the cost of any arbitration filing fees and arbitration fees for claims of up to $75,000.00 unless the arbitrator finds the arbitration to be frivolous. You may choose to pursue your claim in small claims court where jurisdiction and venue over the Promotion Entities and you is proper, your claim otherwise qualifies for such small claims court, and where your claim does not include a request for any type of equitable relief.
Class Action Waiver: The Promotion Entities and you agree that Promotion Entities and you will resolve any disputes, claims or controversies on an individual basis, and that any claims brought under these Official Rules in connection with the Promotion or any prize awarded will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. The Promotion Entities and you further agree that the Promotion Entities and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Official Rules or in connection with the Promotion or any prize awarded.
If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in New York, New York.
The terms of this provision will also apply to any claims asserted by you against any present or future parent or affiliated company of the Promotion Entities to the extent that any such claims arise out of or in connection with the Promotion or any prize awarded.
9. OFFICIAL RULES OR WINNER LIST: For a copy of the Official Rules or the Winner List (available on or about March 10, 2017), send a self-addressed, stamped envelope to the following address by May 1, 2017 (Please specify “Official Rules” or “Winner”) – “NBA TV Sweepstakes,” 1050 Techwood Drive, NW, EXE 0304M, Atlanta, Georgia 30318.
10. SPONSOR: Turner Digital Basketball Services, Inc., 1050 Techwood Drive, NW, Atlanta, Georgia 30318.
© 2017 Turner Digital Basketball Services, Inc. A Time Warner Company. All Rights Reserved. All trademarks are the property of their respective owners.