Untitled Document
NETS BASKETBALL

“NETS BATTLE OF THE BANDS CONTEST”

IT’S ALL ABOUT GETTING TO KNOW THE NETS AND THE BEST LOCAL BAND

OFFICIAL CONTEST RULES


1. Contest Period. Contest begins on October 2, 2008 and ends at 11:59 p.m. EDT on October 13, 2008 (the “Contest Period”).

2. To enter: NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE THE CHANCES OF WINNING. There are two (2) ways to enter the “Nets Battle of the Bands Contest” (the “Contest”): (1) send an email to troche@njnets.com with a link to a performance video of the entrant’s band. The email submission must state in the subject line “Nets Battle of the Bands Contest” and must include the following information (in the body of the email) for the entrant and all members of the entrant’s band: complete name (first and last), parent or guardian name (for each and any member of the band under the age of 18), addresses, zip codes, daytime and evening telephone numbers, birth dates, and email addresses (if available); or (2) mail a DVD containing a performance of the entrant’s band, including the names (first and last), parent or guardian name (for each and any member of the band under the age of 18), complete addresses, zip codes, daytime and evening telephone numbers, birth dates, and email addresses (if available) for the entrant and all members of the entrant’s band, to:

Nets Basketball
ATTN: Nets Battle of the Bands Contest (T.J. Roche)
390 Murray Hill Parkway
East Rutherford, NJ 07073


All entries (email and mail-in) must be received by 11:59 p.m. EDT on October 13, 2008 to be eligible to win and must be in the form of video (audio entries alone will not be accepted). If potential entrants have any questions, they may contact T.J. Roche at 201.635.3416.

Only one entry per band will be permitted. The Nets are not responsible for late, lost, stolen, illegible, incomplete, postage due or misdirected entries or mail, or for errors in the printing of the offer, administration of the Contest, or the announcement of prizes.

By providing your email address, you consent to being contacted by email by the Nets and their affiliate companies.

3. Eligibility: VOID WHERE PROHIBITED. Contest open to legal residents who reside within the Nets marketing territory as defined by the NBA (currently, a 75 mile radius from the contiguous border of East Rutherford, NJ). All entrants under the age of 18 must have the permission of their parent or legal guardian to enter the Contest. Contest is void where prohibited or restricted by law. Employees and directors of New Jersey Basketball, LLC d/b/a the New Jersey Nets (the “Nets” or the “Sponsor”), the National Basketball Association and its member teams, NBA Properties, Inc. and NBA Media Ventures, Inc. (collectively, the “NBA”), and all of their advertising and promotional agencies, parents, subsidiaries, affiliates, directors, officers and employees and the immediate family (spouse, parent, sibling, and children) and household members of such employees, directors and officers are not eligible. By entering this Contest, entrants agree to be bound by these Official Rules and by the interpretations of these Official Rules by Sponsor, which are final in all matters relating to this Contest.

4. Entrants’ Warranties and Representations. By submitting an entry, each entrant warrants and represents that the entry (a) is original to the entrant; (b) does not infringe the intellectual property, privacy, publicity, or any other rights of any third party; and (c) does not violate any law or regulation. Moreover, the entrant warrants and represents that he or she owns all rights to his or her entry and is able to grant the rights to Sponsor described in the “Sponsor’s Right to Entries” section below.

5. Sponsor’s Right to Entries. By submitting an entry, each entrant:

(a) Irrevocably grants to the Sponsor, its agents, licensees, and assigns the unconditional and perpetual right and permission to store, copy, transmit, post, broadcast, display, and publicly perform (within the IZOD Center or on www.njnets.com) the entry, without additional review, compensation, or approval from the entrant or any other party;

(b) Forever waives any rights of copyrights, trademark rights, privacy rights, and any other legal or moral rights that may preclude the Sponsor’s use of the entrant’s entry, or require the entrant’s permission for the Sponsor to use the entry solely in accordance with Section 5(a); and

(c) Agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Sponsor on the grounds that any use of the entry, or any derivative works, infringes any of the entrant’s rights as creator of the entry, including, without limitation, copyrights, trademark rights, and moral rights.

6. Selection of Winners & Judging Criteria. Three (3) winning bands will be selected through two (2) rounds of judging. In the first round of judging, Nets employees will review each band’s submission and the top 8 to 10 bands (depending on the number of submissions received) will be selected to move on to the second round of judging. Nets employees will evaluate each band’s submission based on the following judging criteria: originality, musicianship, stage presence, overall sound quality, technical skills/competence, entertainment value, songwriting ability, and overall impression. The judging of all entries in the first round of judging will be conducted by the Nets, whose decisions are final and binding in all respects relating to the selection of the top 8 to 10 bands.

In the second round of judging, the Nets will post performance videos of the top 8 to 10 bands on the Nets Official Web site, www.njnets.com, for the general public to listen to and vote on. Fans will be able to vote from October 20, 2008 to October 22, 2008 (the “Voting Period”). The three (3) bands that receive the most total votes for their performances by the end of the Voting Period will be deemed the Contest winners. Only one (1) vote per email address per day during the Voting Period will be permitted.

The Nets will notify the three (3) winning bands by email and/or phone on October 24, 2008. If any of the winning bands do not make direct contact with the Nets by the date specified in the notification letter, or fail to accept the prize, the prize will be forfeited in its entirety and an alternative winner will be selected from the remaining eligible entries, time permitting. Odds of winning depend upon the number of eligible entries received.

7. Information Regarding Entries.

(a) License: All entrants grant Sponsor the right, but not the obligation, to edit, modify, publish, license, print, transmit, display, or otherwise use the video clips and all accompanying personally identifiable information entrants submit, via all forms of media now known or hereafter devised (including on www.njnets.com), worldwide, in perpetuity, without notice to entrants and without compensation.

(b) Warranty: All entrants represent and warrant that (i) entrants’ video clips were taken by entrants; (ii) the video clips are original to entrants and do not infringe upon or otherwise violate any right of any third party; and (iii) entrants have all rights necessary to submit the video clip, including all necessary authorizations and permissions from any persons included in the video clip.

(c) Compliance with Law: All entrants agree that the video clips submitted by entrants will not include (i) unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate the law; (ii) advertising for third party products or services; or (iii) copyrighted or trademarked material belonging to a third party.

8. Prizes. Three (3) Prizes: The three (3) bands that receive the highest number of votes during the Voting Period will receive the opportunity to perform at one of the Nets home games during the opening week of the 2008-2009 Regular Season. The band who receives the highest number of votes will have the opportunity to perform at the Nets game versus the Golden State Warriors on Saturday, November 1, 2008; the band who receives the second highest number of votes will have the opportunity to perform at the Nets game versus the Phoenix Suns on Tuesday, November 4, 2008; and the band who receives the third highest number of votes will have the opportunity to perform at the Nets game versus the Detroit Pistons on Friday, November 7, 2008. One (1) member from each winning band will have the opportunity to sing the National Anthem immediately before the start of the game and to perform a full song (approximately five (5) minutes in length) during halftime. The Nets shall provide a sound technician for each winning band.

9. Prize Conditions. Prizes cannot be transferred, assigned, or redeemed for cash. Winners will be required to execute an Affidavit of Eligibility and Liability/Publicity Release, where permitted, within four (4) days of receipt of notification. If any of the foregoing documents are not completed, signed, and returned within the respective stated time, or if an entrant is found to be ineligible, or if he/she does not comply with these Official Rules, then potential winner will be disqualified and an alternate winner will be selected from the remaining eligible entries, time permitting. If any prize or prize notification is returned as undeliverable, this will result in disqualification and an alternate winner will be selected. All federal, state or other tax liabilities (including income taxes) will be the sole responsibility of the winner. Winner is solely responsible for any and costs not specifically described as part of the prize including any and all travel expenses. Except where prohibited by law, each winner’s acceptance of the prize constitutes agreement (which agreement will be confirmed in writing) for the Nets, National Basketball Association and its member teams, NBA Properties, Inc. and NBA Media Ventures, Inc. and the Sponsor to use said winner's name, photographs, video, likeness, statements (if true), biographical information, voice, and city and state of residence for advertising and trade purposes on a worldwide basis (without review by winner) and in all forms of media, without further compensation, remuneration, or authorization.

10. Contest Conditions: This Contest is subject to all applicable federal, state and local laws. By participating, entrants waive any right to claim ambiguity in the Contest or these Official Rules. WINNERS AND ENTRANTS RELEASE, DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS THE NETS, NEW JERSEY BASKETBALL, LLC, THE NBA, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS AND REPRESENTATIVES FROM AND AGAINST ANY LIABILITY FOR ANY DAMAGES, INJURY OR LOSSES, TO ANY PERSON (INCLUDING DEATH), OR PROPERTY, OF ANY KIND RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF ANY PRIZE OR PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY OR PARTICIPATION IN THIS CONTEST.

11. Limitations of Liability. The Nets are not responsible for late, lost, damaged, misdirected, incomplete, illegible, undeliverable, destroyed or postage due mail or entries. The Nets may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing or intending to annoy, abuse, threaten or harass any other entrants or the Nets representatives or employees. If for any reason this Contest is not capable of running as planned, including but not limited to, by reason of tampering, unauthorized intervention, fraud, or any other causes beyond the control of the Nets which, in the sole opinion of the Nets, corrupt or affect the administration, security, fairness, integrity or proper conduct of the promotion, then the Nets reserves the right at its sole discretion to cancel, terminate, modify or suspend this Contest and select winners received prior to the action taken.

12. Claims/Choice of Law. (a) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest but in no event attorneys fees; and (b) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than actual out-of-pocket expenses, and any and hereby waives all rights 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 entrant, the Nets in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New Jersey, without regard for conflicts of law doctrine, and all proceedings shall take place in that State. All contestants who enter the Contest agree to submit to the exclusive jurisdiction of the courts of the State of New Jersey and agree to waive the right to a jury trial with respect to any claim or dispute with regard to any aspect of the Contest or Contest Rules.

13. Winners’ List: For a copy of the name of the Contest winners, send a postage paid, self-addressed envelope to:

Nets Basketball
ATTN: Nets Battle of the Bands Contest (T.J. Roche)
390 Murray Hill Parkway
East Rutherford, NJ 07073


Requests must be received within thirty (30) days of the date the Contest officially ends.

14. VOID WHERE PROHIBITED.











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