#GSWTalent Show (“Promotion”)
NO PURCHASE NECESSARY TO ENTER OR TO WIN. VOID WHERE PROHIBITED. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. PARTICIPATION IN THE PROMOTION CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE OFFICIAL RULES. Individuals who participate in the Promotion or submit an entry are sometimes referred to herein as an “Entrant.”
AS A CONDITION TO ENTERING THIS CONTEST, YOU WILL BE REQUIRED TO ASSIGN SOME OF YOUR RIGHTS IN YOUR ENTRY TO SPONSOR. PLEASE READ THE RULES BELOW FOR DETAILS.
1. Sponsor: Golden State Warriors, LLC, 1011 Broadway, Oakland, CA 94607 (“Sponsor”).
2. Eligibility: Promotion is open only to individuals who are at least eighteen (18) years of age on the entry date, who are legal residents of California, and whose primary residence is within a seventy-five (75) mile radius of the city of Oakland, California (“Promotion Area”). Employees, agents, officers, directors, members, managers and owners of Sponsor, the National Basketball Association and their respective member teams, NBA Properties, Inc., and each of their respective parents, subsidiaries, affiliates, owners, members, directors, managers, officers, employees and their advertising agencies, promotional partners and prize providers associated with this Promotion (collectively, the “Promotion Entities” and each a “Promotion Entity”), and their immediate families (spouse, domestic partner, parents, legal guardians, grandparents, grand children, siblings, children and “step” of each) and those individuals living in their same household, are not eligible to enter or win.
3. Promotion Period: Promotion begins at 12:00 a.m. (Pacific Time) on Monday, September 24, 2012 and ends at 6:30 p.m. (Pacific Time) on Saturday, October 13, 2012 (“Promotion Period”).
4. How to enter: Entrants must complete and submit an entry form on www.warriors.com (the “Website”) during the Promotion Period. Entry form must include a YouTube URL for a single work of original material displaying the talent of the contest entrant. All video links submitted may be featured on warriors.com during and after the promotion period. Limit one (1) entry per person. Any attempt by an Entrant to obtain more than the allowable entries by using multiple/different e-mail addresses, identities, or by any other methods, will void all of such Entrant’s entries. Sponsor reserves the right to verify eligibility of all Entrants. Illegible and/or incomplete entries and entries submitted by Entrants who do not meet the eligibility requirements are automatically void. In the event of a dispute regarding the identity of a person submitting an entry, the entry will be deemed to be submitted by the person in whose name the e-mail account provided on the entry form is registered on the date the entry is submitted. Sponsor prohibits the submission of any material or information that (i) infringes or otherwise violates any copyright, patent, trademark, trade secret or other proprietary rights; (ii) is defamatory, libelous, expresses hates, or is unlawfully threatening; (iii) is sexually explicit, provocative, pornographic, obscene, or exploitative of a minor; (iv) depicts, or is likely to cause, harm to any individual or entity; or (v) otherwise violates any applicable law or regulation. Any entry which in the sole opinion of Sponsor is deemed inappropriate will be disregarded and the Entrant will be disqualified.
5. Winner Selection and Notification: Contest consists of two (2) rounds of judging. In Round One, a total of twenty (20) potential finalists (“Potential Finalists”) will be selected on October 10, 2012 by a panel of judges selected by Sponsor from among the pool of all eligible entries based on the following judging criteria: Talent (50%) and Compatibility with Sponsor’s half-time programming (50%). In Round Two, all Finalists will be invited to perform at a talent show live and in person at Oracle Arena on Saturday, October 13, 2012. Finalists must be present at the live talent show to win. A panel of judges selected by Sponsor will select a potential Promotion winner (“Potential Winner”) from among all Finalists performing at the talent show, based on the same criteria used for Round One. The Prize Winner will be announced by Sponsor following the talent show at Oracle Arena, within such time period as Sponsor may, in its sole discretion, determine.
All Potential Finalists and the Potential Winner will be required to sign and return, within five (5) days of notification attempt by Sponsor, an Affidavit of Eligibility, Liability and Publicity Release (collectively, the “Contest Documents”), in such form as is provided by Sponsor, including the Potential Finalist’s or Potential Winner’s full name and street address (no P.O. Boxes) within the Promotion Area. Failure for any reason to execute and deliver any required documents to Sponsor by the specified deadline may result in disqualification from the Contest, and selection of an alternate Potential Finalist or Potential Winner by Sponsor (in which case the processes described in this paragraph will be repeated). Provided the Potential Finalist or Potential Winner has complied with these Official Rules and meets all of the eligibility requirements set forth herein, following Sponsor’s receipt of signed Contest Documents satisfactory to Sponsor in its sole and absolute discretion, Sponsor will declare the Potential Finalist a finalist (“Finalist”), or the Potential Winner the winner (“Prize Winner”).
Prize Winner: Subject to compliance with the terms hereof, one (1) Prize Winner selected by Sponsor will receive the opportunity to perform at a 2012-13 Golden State Warriors home game [to be specified by Sponsor].
There is no retail value attached to the Prizes. Travel and accommodations are the sole responsibility of each Finalist and/or Prize Winner, and will not be provided by Sponsor.
No portion of any prize awarded in connection with the Promotion (each, a “Prize”) may be transferred, redeemed for cash or substituted, except by Sponsor (in its sole discretion), which reserves the right to substitute any portion of the Prize with an alternative prize of equal or greater value and/or specification, for any reason, including, without limitation, Prize unavailability, unless to do so would be prohibited by law. All expenses not specifically identified as included in the Prize are the sole responsibility of the Finalist or Prize Winner. Each Prize, and all elements thereof, are subject to availability. Each Prize is awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation any implied warranty of merchantability or fitness for a particular purpose). Acceptance, participation in and/or use of the Prize is at the Prize Winner’s and each other Finalist’s sole risk, and Sponsor is not responsible for any damages whatsoever including special, indirect, or consequential damages, arising out of or in connection with the use and/or misuse of and/or unavailability of any Prize.
Each Prize Winner and all other Finalists will be solely responsible for all federal, state and local taxes and fees and other expenses associated with his/her Prize receipt and/or use that are not expressly included in the Prize description. Prize Winner may be issued a 1099 tax form for the ARV of his or her Prize. Failure to take or complete any portion of the Prize does not relieve the Prize Winner or any other Finalist of his/her tax obligations associated with winning any Prize.
7. Prize Conditions: Except where prohibited by law, the Prize Winner’s and other Finalists’ entry and acceptance of any Prize constitutes his or her irrevocable grant of his or her freely sub-licensable, absolute right and permission for each of the Promotion Entities to use, publish, post, broadcast, transmit, distribute, modify, display, said Prize Winner’s or Finalists’ name, photograph, likeness, statements, biographical information, voice, city and state address, Prize information, any quotes attributable to him or her, and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Promotion Entities’ sole discretion) (“Persona”) for any purpose, including but not limited to advertising, trade, promotional and publicity purposes, on a worldwide basis, and in all forms of media now known or hereafter devised, in perpetuity, without further authorization, notification, opportunity to review, approval or compensation of any kind. Each Entrant hereby irrevocably waives any and all rights with respect to use of his or her Persona as provided herein, and releases and discharges all Promotion Entities from any and all liability of any nature whatsoever related thereto.
8. General Conditions: This Promotion is subject to all applicable federal, state and local laws. By participating, Entrants agree to be bound by these Official Rules and the decisions of Sponsor and the judges, which shall be considered final and binding and may not be appealed. Entrants waive any right to claim ambiguity in the Promotion or these Official Rules. All Entrants agree to follow the Official Rules. Sponsor reserves the right to modify the scheduling of the Promotion without prior notification, and the right to make changes or additions to these Official Rules for any reason at any time. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Nothing contained in these Official Rules obligates any of the Promotion Entities to make use of any of the rights granted herein.
10. Submitted Materials: All materials submitted by any Entrant in connection with the Promotion, including, without limitation, the audio and video recordings and performances contained therein (collectively, “Submitted Materials”) shall be considered non-confidential and Sponsor’s property. By entering the Promotion and submitting any Submitted Materials hereunder, Entrant represents and warrants that: (i) the Submitted Materials are the original work of Entrant, created solely by Entrant; (ii) no individual or entity other than the Entrant has any rights, title or interest in or to the Submitted Materials; (iii) neither the Submitted Materials, nor the review thereof hereunder, nor any performance awarded as a Prize hereunder, shall violate any intellectual property, privacy or other proprietary rights of any individual or entity, or violate any other applicable law or regulation; (iv) Entrant has the full right and authority to submit the Submitted Materials to Sponsor upon all of the terms and conditions set forth herein; and (v) Entrant has fully read and agrees to be bound by all terms of these Official Rules. In addition, Entrant hereby irrevocably assigns to Sponsor, without charge, all worldwide rights, title and interest, including without limitation intellectual property rights, in and to such Submitted Materials, irrevocably waives any and all rights of privacy, intellectual property rights, moral rights and any other rights therein, and agrees that Sponsor and other Promotion Entities shall be free to publish, post, broadcast, transmit, distribute, transfer, modify, display, combine with other materials and create derivative works based upon, and otherwise use such Submitted Materials in any manner or media whatsoever (now known or hereafter derived), on an unrestricted basis, and without granting any rights of approval, or pay any royalties or other compensation, to Entrant. Entrant additionally agrees that Sponsor’s consideration of any entry shall not deprive any of the Promotion Entities of any rights it may enjoy to similar or identical concepts or ideas developed within, or used by or submitted to, any Promotion Entity.
11. Release: THE PRIZE WINNER, ALL OTHER FINALISTS, AND ALL OTHER ENTRANTS RELEASE, DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS, THE SPONSOR AND ALL OTHER PROMOTION ENTITIES, AND THEIR RESPECTIVE MANAGERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS AND REPRESENTATIVES, FROM AND AGAINST ANY LIABILITY FOR ANY DAMAGES, INJURY OR LOSSES OF ANY NATURE WHATSOEVER, INCLUDING REASONABLE ATTORNEYS FEES, RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ANY SUBMITTED MATERIALS OR ENTRANT’S PERSONA (INCLUDING ANY USE THEREOF), ACCEPTANCE, POSSESSION, MISUSE OR USE OF ANY PRIZE, ANY PORTION THEREOF, PARTICIPATION IN THIS PROMOTION OR ANY PROMOTION RELATED ACTIVITY (INCLUDING ANY PRIZE), OR BREACH BY ENTRANT OF ANY TERMS HEREOF.
By entering this Promotion, Entrant agrees to the following Statement: I expressly understand that Section 1542 of the Civil Code of California provides substantially as follows:
12. Limitations of Liability: The Promotion Entities are not responsible for late, lost, damaged, misdirected, incomplete, illegible, undeliverable, destroyed, and/or lost, late, misdirected, undeliverable or incomplete entries due to system errors or failures, or faulty transmissions and/or entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete or garbled computer or telephone transmissions, or for any problems or technical malfunction(s) of any telephone network or lines, computer online systems, servers or providers, computer equipment, or entries not received by Sponsor on account of technical problems or traffic congestion on computer networks, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participating in the promotion or downloading any material for the Promotion, or other telecommunications malfunctions which may limit an entrant's ability to participate. Sponsor may prohibit an Entrant from participating in the Promotion or winning Prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Entrants or Sponsor representatives. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of the Promotion is a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. If for any reason this Promotion is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the promotion, then Sponsor reserves its right at its sole discretion to cancel, terminate, modify or suspend the Promotion.
13. Further Liability Limitations: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE GOLDEN STATE WARRIORS, LLC BE RESPONSIBLE OR OTHERWISE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO THE PROMOTION, INCLUDING ANY ACCESS TO OR USE OF THE WEBSITE OR ANY DOWNLOADING FROM OR PRINTING MATERIAL FROM THE WEBSITE. EVERYTHING ON THE WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. WINNERS AGREE THAT ALL PRIZES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, OR RE-ROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY.
14. Disputes: Except where prohibited, Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate state or federal court located in San Francisco, California; (ii) any and all claims, judgments and awards on behalf of Entrant shall be limited to actual out-of-pocket costs incurred, if any, including costs associated with entering this Promotion, but in no event attorneys’ fees, and in no event to exceed two hundred fifty dollars ($250); and (iii) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, punitive, incidental and 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; and (iv) this Promotion and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the internal laws of the State of California without giving effect to its conflicts of law or choice of law principles or rules that would cause the application of any other state’s laws.
15. Winner's List/Rules: Visit www.warriors.com for the Finalist and Prize Winner details. For a copy of the Official Rules visit www.warriors.com. © and ™ 2012, Golden State Warriors, LLC. All rights reserved.