Miami HEAT x Mijares Basketball Giveaway Official Rules
December 5, 2019
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. MUST BE 18 YEARS OF AGE OR OLDER TO ENTER AND MEET ALL OTHER ELIGIBILITY REQUIREMENTS. VOID WHERE PROHIBITED.
1. Eligibility. The December 5, 2019 Miami HEAT x Mijares Basketball Giveaway (the “Giveaway”) begins at approximately 1:00 p.m. EST on December 5, 2019 and ends at the earlier of the prizes being found (as described in Section 2) or 4:00 p.m. EST on December 5, 2019 (the “Entry Period”). Eligible participant must be at least eighteen (18) years of age and be a lawful resident of the United States. Employees of, and the immediate family members of employees of, the Released Parties (as defined in Section 4 below) their affiliates and subsidiaries are ineligible. This Giveaway is subject to federal, state and local regulations. This Giveaway is in no way sponsored, endorsed or administered by, or associated with Instagram®.
2. How to Enter. View the @MiamiHEAT Instagram stories to receive clues that will suggest two (2) locations (“Location A” and “Location B”) where Heat representatives will be located during the Entry Period. Follow the clues to arrive at the locations where the Heat representatives will be located, as described below. No other method of entry is acceptable. By participating in the Giveaway, participant agrees to be bound by all the Official Rules of the Giveaway.
3. Drawing and Prize. On December 5, 2019, one (1) custom basketball (Approximate Retail Value (“ARV”) $400.00 and two (2) tickets to the Miami HEAT home game to be played at the AmericanAirlines Arena on December 6, 2019 (ARV $100) will be given away to the first three (3) eligible participants to arrive at the respective location where the Heat representatives are located. Accordingly, there will be a total of six (6) potential prize winners (the first three (3) eligible participants to arrive at Location A and the first three (3) eligible participant to arrive at Location B). Eligibility will be determined in accordance with these Official Rules by the Sponsor, whose decisions are final in all matters relating to the Giveaway. Odds of winning the prizes depend on the number of eligible participants. In the event of noncompliance within any of these Official Rules, the prize(s) will be forfeited in connection with the relevant participant. In the event that no eligible participant arrives at the locations where the Heat representatives are located during the Entry Period, the Heat will not give away the prize. Participants may win a Giveaway prize only once. The Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize or any portion thereof should become unavailable for any reason.
4. Limitation of Liability. Miami Heat Limited Partnership, the Miami HEAT, the AmericanAirlines Arena, Basketball Properties, Ltd., Miami-Dade County, City of Miami, the National Basketball Association and each of its member teams, NBA Properties, Inc., NBA Media Ventures, LLC, and each of their respective parent companies, subsidiaries, affiliates, advertising/promotion agencies and each of their directors, officers, employees and agents (collectively the “Released Parties”) are not responsible for lost, late or misdirected mail, miscommunications, failed telephone, satellite or cable hardware or software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network. Participants who tamper with or abuse any aspect of this Giveaway, or act in violation of the Official Rules, or act in any manner to threaten or abuse or harass any person in relation to this Giveaway, as determined by the Heat in its sole discretion, will be disqualified. Any attempt by a person to deliberately damage or undermine the legitimate operation of the Giveaway is a violation of criminal and civil laws and the Heat reserves the right to seek damages from any such person to the fullest extent of the law. Released Parties are not responsible for injury or damage to participants’ or any other persons’ property related to or resulting from participating in this Giveaway. The Heat will resolve all disputes in its sole discretion. By participating in the Giveaway, each participant agrees to release, hold harmless and indemnify Instagram and the Released Parties from and against any and all liability, losses, damages, rights, claims and causes of action (however named or described) of any kind resulting from or arising out of the participation in the Giveaway and/or the acceptance, possession, receipt or use of any prize, including without limitation, personal injuries, death and property damage.
No responsibility is assumed by any of the Released Parties hereunder for: any error, including typographical error, omission, interruption, deletion, defect, delay in operation, theft or destruction or unauthorized access to, or alteration of electronic data; or any other problems in connection with the Giveaway, including, but not limited to, technical malfunctions in the posting of the rules online. Any trade names, trademarks or service marks shown as part of the materials associated with the Giveaway are the property of their respective owners. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
5. Publicity. Acceptance of any prize offered constitutes permission to use each winner's name, biographical information and/or likeness for purposes of advertising and promotion without further compensation or authorization as permitted by law by Basketball Properties, Ltd., Miami Heat Limited Partnership, AmericanAirlines Arena, the National Basketball Association and each of its member teams, NBA Properties, Inc., NBA Media Ventures, LLC and/or each of their respective parent companies, subsidiaries, affiliates and advertising/promotion agencies.
7. Governing Law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any participant will be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules or provisions (whether of Florida, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than Florida.
8. Disputes. This Giveaway is governed by the laws of the United States and the State of Florida, without respect to the conflict of law doctrines. As a condition of participating in this Giveaway and/or accepting an awarded prize, each participant agrees that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Giveaway will be resolved individually, without resort to any form of class action, exclusively before a court located in Miami Dade County, Florida, having jurisdiction. Further, in any such dispute, under no circumstances will any participant be permitted to obtain an award for, and hereby waives all rights to claim, punitive, incidental, and/or consequential damages, including reasonable attorneys’ fees, and participant further waives all rights to have damages multiplied or increased.
9. Sponsor. Miami Heat Limited Partnership, 601 Biscayne Boulevard, Miami, Florida 33132.
10. Winners List. For the name of the winner, send a self-addressed, stamped envelope to be received by January 12, 202020 to: Miami HEAT, ATTN: Social Media, “December 5, 2019 Miami HEAT x Mijares Basketball Giveaway,” 601 Biscayne Boulevard, Miami, Florida 33132.