Cumberland Farms Take-a-Shot Contest 2012-13 Official Rules

2012-2013 Contest Rules

NO PURCHASE NECESSARY. 

1.    

Eligibility.  The Cumberland Farms Take-a-Shot Contest (the “Contest”) is only open to legal U.S. residents who are eighteen (18) years of age or older who live within a 75-mile air radius of Boston, Massachusetts, and who are NOT a part of one of the following groups. Ineligible groups include:

A.   

Employees of Cumberland Farms, Inc. (“Cumberland Farms”), Banner Seventeen, LLC d/b/a Boston Celtics (the “Celtics”), the National Basketball Association and its Member Teams, NBA Properties, Inc., and/or any of their respective parents, subsidiaries, affiliates, directors, officers, governors, owners, employees, and agents (all of the above  hereinafter the “NBA Entities”), and each of their respective advertising or promotional agencies involved with the Contest, each of their respective and immediate family members (spouses, parents, siblings, and children, all where applicable), and/or those living in the same household of each such, officer, governor, owner, employee, and/or agent;

B.   

Anyone who is a current or former professional or semi-professional basketball player (as determined by the Celtics in their reasonable discretion);

C.   

Anyone who, at any time since December 1, 2007, played in an NCAA intercollegiate basketball game; and

D.   

Anyone who at any time since December 1, 2007, played in a high school varsity (or equivalent) interscholastic basketball game.

By entering, entrants warrant that they are eligible for the Contest and are not a member of any of the preceding ineligible categories.

2.    

Contest Period.  The Contest begins on or about December 18, 2012 at 12:01 a.m. Eastern Time (“ET”) and ends on March 24, 2013 at 11:59 p.m. ET (the “Contest Period”).  The Contest consists of ten (10) individual drawings in each of which one (1) winner will be selected in each drawing from among all eligible entries received as of 11:59 p.m. ET the day before the scheduled drawing dates (as described below). 

3.    

How To Enter.  There are two (2) ways to enter the Contest.

a.     

ONLINE:  Go to [www.celtics.com\takeashot] (the “Website”), complete the entry form with the information requested, and click “Submit Entry”.  All requested information on the entry form at the Website must be completed to enter and to be eligible to win.  Incomplete entries will be disqualified.  Proof of entering information at the Website is not considered proof of delivery to or receipt by Sponsor of such entry. NOTE: Internet entry must be made by the entrant, only at the Website.  Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Contest.  The use of any device to automate the entry process is prohibited.

b.    

BY MAIL:  On a 3 x 5 card handprint your first and last name, postal address (no P.O. Boxes), daytime phone number, and date of birth and mail this completed card in a first-class stamped envelope to: Boston Celtics, Attn: “Cumberland Farms Take-a-Shot” Contest, Corporate Partnership Services, 226 Causeway Street, 4th floor, Boston, MA 02114.  All entries must be received by 5 P.M. Eastern Daylight Time on March 24, 2013.

Limit one (1) entry per person regardless of method of entry. Sponsors are not responsible for lost, late, forged, mass-reproduced or mass-transmitted, misdirected, mutilated, incomplete or illegible mail-in entries, or postage-due entries; telephone, electronic, hardware or software program, network, Internet or computer malfunctions, viruses, failures or difficulties, errors or failures in transmission or reception and/or any condition caused by events which may cause the Contest to be disrupted or corrupted. The Sponsors reserve the right, in their sole discretion, to modify, suspend, terminate the Contest (or any portion thereof), or take any other action deemed necessary, should virus, bugs, non-authorized human intervention or other causes beyond the reasonable control of Sponsors, including, but not limited to, war or armed conflict (whether or not officially declared), labor controversy or threat thereof, and/or acts of God, corrupt or impair the administration, security, fairness or proper play of the Contest and, in the event of termination or suspension, at its discretion, select winner(s) for the drawing at issue from among all eligible, non-suspect entries received as of the date of the event requiring such termination or suspension.  By participating in this Contest, each participant agrees to be bound by these Official Rules, and the decisions of the Sponsors which are final and binding in all respects.  Failure to abide by these Official Rules may result in disqualification.

4.    

Winner Selection and Notification.  On or about each of the drawing dates stated below, one (1) potential Qualifying Winner will be randomly selected from all eligible entries received prior to each drawing date.  The potential Qualifying Winners will be notified by telephone and/or mail and/or e-mail, using contact information provided or collected at the time of entry.  Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason.  If, despite reasonable efforts, a potential Qualifying Winner does not respond within seventy-two (72) hours of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential Qualifying Winner will forfeit his or her prize and an alternate winner may be selected.  Sponsors, in their sole discretion, will attempt to contact up to three (3) potential Qualifying Winners of a prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed.  If any potential Qualifying Winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason prior to award, such potential Qualifying Winner will be disqualified and an alternate Qualifying Winner may be selected.  The potential Qualifying Winners must sign and return an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release prior to receiving a prize. Failure to execute such affidavit and such release shall result in forfeiture of prize.

5.    

Prizes. Ten (10) Qualifying Prizes are available (one (1) per drawing).  Each Qualifying Winner will receive four (4) tickets to a  Celtics regular season home game (as listed in the chart below) (Approximate Retail Value  (“ARV”) of each such ticket $10), a Celtics t-shirt (ARV $5), Celtics Hat, (ARV $10), and the opportunity to participate in the on-court Contest (“Grand Prize Contest”), as described below, during the relevant game.  Qualifying Winners must utilize one (1) of the four prize tickets for entry to the game in order to participate in the Grand Prize Contest.

Drawing Date

Grand Prize Contest Date

1/2/13

1/9/13

1/7/13

1/14/13

1/17/13

1/24/13

1/25/13

2/1/13

2/3/13

2/10/13

3/1/13

3/8/13

3/9/13

3/16/13

3/19/13

3/26/13

3/27/13

4/3/13

4/3/13

4/10/13

 

6.    

Grand Prize Contest. The Grand Prize Contest will consist of the opportunity for the Qualifying Winner at each designated game to attempt to throw basketballs into barrels placed on the court, as follows: the Qualifying Winner will be stationed at just inside the top of one three-point arc on the TD Garden court with a rack of regulation-sized basketballs, and will have thirty (30) seconds attempts to throw a basketball into one of four barrels placed between the court’s two three-point arcs. The Qualifying Winner’s prize, if any, will be determined by the highest-value barrel into which he/she is successfully able to throw a basketball: if the Qualifying Winner only successfully places a ball in the first barrel (located halfway between the top of the three-point arc at which the Qualifying Winner is located and halfcourt) he/she will win $100; if the Qualifying Winner successfully places a ball in the first barrel and the second barrel (located at center court) he/she will win $250; if the Qualifying Winner successfully places a ball in the first barrel, the second barrel, and the third barrel (located halfway between the top of the opposite three-point arc from the one at which the Qualifying Winner is located and halfcourt) he/she will win $500; and if the Qualifying Winner successfully places a ball in the first barrel, the second barrel, the third barrel, and the fourth barrel (located at the top of the opposite three-point arc from the one at which the Qualifying Winner is located) he/she will win $25,000. Qualifying Winners must successfully make the shots in order in order to qualify for higher prizes; for example, if a Qualifying Winner places a ball in the first barrel, and then places a ball in the third barrel before placing one in the second barrel, the Qualifying Winner must again place a ball into the third barrel to qualify to win $500. Qualifying Winners will only win the highest value they achieve, not the sum of all values achieved; for example, if a Qualifying Winner places one ball in the first barrel, one in the second barrel, and one in the third barrel, but not one in the fourth barrel, he/she would win $500, not $850.  A Qualifying Winner will only be considered the winner of any prize in the Grand Prize Contest if the ball enters, and remains in, the relevant barrel, without the ball touching any surface except the barrel itself after leaving the Qualifying Winner’s hands, AND if no part of the Qualifying Winner’s body or clothing comes in contact with, or crosses over, the three-point arc demarcation line prior to the Qualifying Winner’s releasing the shot.  No Qualifying Winner have the opportunity to take any practice (or other) shots on-court at the TD Garden prior to his/her participation in the Grand Prize Contest, and any Qualifying Winner attempting any such shot shall be immediately disqualified from the Contest.

7.    

Prize Rules. All prizes, including the opportunity to participate in any on-court activities, are non-transferrable.  Any winner of any prize in this Contest is solely responsible for any applicable federal, state and local taxes and any expenses associated with such prize. Winners’ (and their guests’) attendance at the Celtics home game to which they are invited is subject to the general ticket rules and regulations established from time to time by the Delaware North Corporation-Boston (“DNC-B”), the owner of the TD Garden, and by the Celtics (the “Ticket Rules”). In the event of a violation of the Ticket Rules, both DNC-B and the Celtics shall have the right to eject the violators from the TD Garden and any Qualifying Winner subject to such ejection will be prohibited from participating in the remainder of the Contest.  Sponsors will not be responsible for awarding any un-awarded portion of a prize to a prize winner if, the prize winner undertakes activities or communicates messages or images or engages in speech publicly or made known publicly that: (a) are sexually explicit, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; (b) are obscene or offensive, or may create public disrepute, contempt, scandal or ridicule; (c) defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any third party’s or prize provider's personal or intellectual property rights or contain disparaging remarks (as reasonably determined by Sponsors); (d) are inconsistent with the positive images and/or goodwill to which the Sponsors wish to associate (which may be determined by the Celtics, at their sole and absolute discretion); and/or (e) otherwise violate the terms of any of the agreements that the winners have agreed to comply with as an entrant of this Contest.

8.    

Odds of Winning.  Odds of becoming a Qualifying Winner are dependent on the total number of eligible entries received prior to each drawing.  Odds of winning a Grand Prize Contest  are dependent upon the skill level of those selected to participate in the on-court activities that are part of this Contest.  There will be a total of ten (10) Qualifying Winners selected to participate in a Grand Prize Contest, one for each game listed in the table above.

9.    

Liabilities and Dispute Resolution.  By entering the Contest and participating in the Contest activities, all entrants agree that Sponsors maintain the right to decide all matters and disputes arising from the Contest, that Sponsors' determination of the winners will be final and binding. By entering the Contest, entrants also agree to hold harmless and indemnify the Sponsors and the NBA Entities from any liability, damages, or causes of action (however named or described), with respect to or arising out of: (i) the entrants’ participation in the Contest and the on-court Contest, including, but not limited to, personal injury, death and/or property damage, as well as claims based on publicity rights, defamation and/or invasion of privacy; (ii) the delivery, misdelivery, acceptance, possession, use of, misuse of or inability to use any prize (including any type or manner of costs or damages), whether under a theory of contract, tort (including negligence), warranty, or any other theory; and (iii) travel to or from any Contest-related activity.  No transfer, assignment, cash redemption or substitution of any prize awarded is permitted, except by Sponsors due to prize availability and then with a prize of equal or greater value.  By accepting a prize, each winner agrees that the Sponsors and NBA Entities will have no liability and will be held harmless by such winner for any liability, loss, injury, or damage to property or to person, including death, due in whole or in part, directly or indirectly, by reason of the acceptance, participation in, use or misuse of the prize or participation in the Contest, even if caused or contributed to by the negligence of sponsors.   Except where prohibited by law, in consideration for being awarded a prize, each winner hereby agrees and consents, without further authorization, compensation or remuneration of any kind, to the use of winner’s name and/or likeness in any and all advertising, promotions and other publicity conducted by the Sponsors and the NBA Entities.  

10.  

Identification.  For a complete list of winners, or for a copy of the Contest Rules, send a written request along with a self-addressed stamped envelope for receipt by 5/2/13 to: “Cumberland Farms Take-A-Shot” Contest c/o Boston Celtics, 226 Causeway Street, 4th Floor, Boston, MA 02114.

11.  

Disputes.  The Contest is void where prohibited by law. By entering the Contest and participating in any of the Contest-related activities, each entrant agrees that to the extent permitted by applicable law: (1) Any and all disputes, claims and causes of action arising out of or connected with the Contest or any prize awarded, will be resolved individually, without resort to any form of class action and (2) Entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental, exemplary, consequential or special damages, lost profits, and/or any right to have damages multiplied or otherwise increased.

12.  

Privacy.  Personally identifiable information that is submitted by entrants as part of the Contest will be used to administer the Contest, select the prize winners and fulfill the prizes, and will be treated in accordance with the privacy policy accessible at https://www.nba.com/news/privacy_policy.html.

13.  

Sponsors.  Boston Celtics, Corporate Partnership Services, 226 Causeway Street, 4th floor, Boston, MA 02114 and Cumberland Farms, Inc., 100 Crossing Boulevard Framingham, MA 01702 (collectively, "Sponsors").

 
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