CHARLOTTE HORNETS BUZZ CITY TIP OFF TOUR CONTEST OFFICIAL RULES
NO PURCHASE, DONATION OR FUNDRAISING OF ANY KIND IS REQUIRED TO ENTER OR WIN. A PURCHASE, DONATION OR FUNDRAISING WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
THESE OFFICIAL RULES CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST HORNETS (AS DEFINED BELOW) TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST HORNETS ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
1. INTRODUCTION: The “Buzz City Gold Tip Off Tour” (hereinafter, the “Promotion”) is a contest administered by Hornets Basketball, LLC, with its principal place of business located at 333 East Trade Street, Charlotte, North Carolina 28202 (“Hornets”). Hornets are responsible for providing any prizes for the Promotion. Your participation in the Promotion means that you unconditionally agree to these Official Rules and all decisions by Hornets, which are final and binding in all matters related to the Promotion. To win the prize, you must comply with all facets of these Official Rules and all decisions by Hornets.
2. ELIGIBILITY: The Promotion is open only to individuals who (i) agree to these Official Rules, and (ii) are a U.S. citizen or a permanent legal U.S. resident (i.e., must be able to show proof of permanent legal residence) residing within one hundred fifty (150) miles of the Charlotte, North Carolina city limits (the “Eligibility Area”). Entrants must be at least 18 years old. If you are under 18 years of age, your Entry (defined below) must be submitted on your behalf by your legal guardian. Do not enter the Promotion if your place of residence, age or any other rule or law prohibits or restricts you from entering or participating in the Promotion, or prohibits, restricts or limits the grant of intellectual property rights herein. Employees, agents, officers, directors, members, managers and owners of the National Basketball Association and its member teams, NBA Properties, Inc., NBA Media Ventures, LLC, Hornets and each of their respective parents, affiliates, subsidiaries, owners, members, directors, managers, officers, agents, employees, judges, advertising and promotion agencies, prize providers and anyone involved in the development or execution of the Promotion (collectively, the “Promotion Entities”), as well as their immediate family (spouse, parents, siblings, and children and their respective spouses, regardless of where they live) and household members, whether or not related, are not eligible to participate. All federal, state and local laws, rules and regulations apply. Entrants and entries are subject to all local rules. Void outside of the Eligibility Area and where prohibited or restricted by law and where bonding, registration or other requirements would be required but have not yet been met or where the methods of entry set forth below would be deemed consideration.
By entering the Promotion, each entrant understands and agrees that, if selected as the Official Winner (as defined in Section 5 below), he/she may be required to consent to a background check, a photography release, and/or an Affidavit of Eligibility/Release and of Liability/Publicity Release; and, failure to sign such consents and authorizations and/or to furnish all required information as outlined in Section 7 below will result in disqualification. In addition, Hornets reserve the right, in their sole discretion, to disqualify any Official Winner if the results of such background check reveal that an Official Winner is not eligible to participate in the Promotion or has been convicted of a felony or a crime of moral turpitude, as determined by Hornets in their sole discretion.
3. PROMOTION PERIOD AND DONATIONS: The Promotion begins on October 15, 2021 at 12:00PM Eastern Time (“ET”) and ends on October 19, 2021 at 11:59:59PM ET (the “Promotion Period”). Hornets’ server and computer clock is the official time-keeping device. Results of the Promotion are not official until Hornets or a duly authorized representative expressly announces the final results and verifies the Official Winner(s) (defined below).
4. HOW TO ENTER THE COMPETITIONS: The Promotion Period will be comprised of several challenges or other competitions that will be decided based upon the entrant’s skill (each a “Game”), with each such Game beginning at the official start time designated within the Application (defined below) and ending at the official end of the Game as specified therein. During the Promotion Period, an eligible entrant may participate in the Games as follows (must complete all steps): (a) Download, or have already downloaded, the official “Charlotte Hornets App” (the “Application”) from Apple Inc.’s App Store or Google Play to your personal mobile device (if not already downloaded); (b) After the Application is downloaded to your personal device, you must open the Application, navigate to the “Buzz City Gold Rush” section and enter any Game in which you desire to participate; and (c) After you have entered the desired Game, the rules applicable to that Game will be available for review (collectively, an “Entry”).
During the course of each Game, entrants will accumulate points and the entrant with the most points, or who successfully completes the requested tasks the quickest, will be deemed the Official Winner (defined below).
Entry Limit: There is a limit of one (1) Entry per person, per Game/. All entries received in excess of the Entry limit will be disqualified.
YOU MAY ONLY PARTICIPATE IN EACH GAME VIA THE APPLICATION WHILE USING YOUR MOBILE DEVICE. NO OTHER METHOD OF ENTRY WILL BE ACCEPTED. USE OF THE APPLICATION IS SUBJECT TO THE CHARLOTTE HORNETS APPLICATION END-USER LICENSE AGREEMENT AND TERMS OF SERVICE DATED EFFECTIVE AS OF OCTOBER 2, 2017 AND ACCESSIBLE WITHIN THE APPLICATION.
Each Entry is subject to verification of eligibility before a prize can be awarded. For example, if your birthdate or address does not meet eligibility requirements, your Entry is automatically void. Those who do not provide the required information if contacted by Hornets, or abide by these Official Rules or other instructions of Hornets may be disqualified at Hornets’ sole and absolute discretion. All Entries that are late or otherwise not in compliance with these Official Rules may be disqualified from the Promotion at Hornets’ sole and absolute discretion.
If a dispute arises as to the identity of any entrant, the Entry will be deemed submitted by the account holder of the e-mail or social media account from which it was posted but only if such person is otherwise eligible. The “account holder” is the person assigned an email address or username by the entity responsible for assigning it (e.g., Google). Official Winner may be required to show proof of being the registered account holder. If a dispute cannot be resolved to Hornets’ satisfaction, the Entry will be deemed ineligible.
Your participation in the Promotion is voluntary and does not require you to purchase anything from Hornets.
5. PRIZE AND APPROXIMATE RETAIL VALUE: Prizes will be awarded per Game (each, a “Prize” and collectively, the “Prizes”), and are tentatively planned to include the following: (i) three (3) trivia winners to receive one (1) $25 gift card to Chick Fil A; (ii) three (3) overall trivia winner for the Promotion to receive a signed Hornets item; (iii) three (3) trivia winners to receive one (1) $50 Food Lion gift.
The aforementioned prizes are subject to the following restrictions and limitations:
All prize details are subject to change and in Hornets’ sole discretion, and if Hornets are unable to provide the winner (“Official Winner”) with their prizes, Hornets may elect to award an alternate prize of comparable or greater value. All unclaimed prizes or unused portion of the prize will be forfeited in their entirety. Official Winner may be required to provide Hornets with his/her name, residential addresses, telephone number, email address and social security number, and must present valid government-issued photo ID (such as license or passport) upon request. All prizes will be awarded (assuming sufficient number of eligible entries) subject to the rules herein. Hornets reserve right to substitute prizes of equal or greater value or different value; no exchanges, returns, resale, substitution, transfer or otherwise of prizes permitted by Official Winner. All other pertinent details are to be released to the Official Winner only after verification has been completed.
The Approximate Retail Value (“ARV”) of all Prize in the Promotion is Eight Hundred Dollars and Zero Cents ($800.00). Hornets reserve the right to substitute prizes of equal or greater value. No substitution or transfer of prizes is permitted.
Each Official Winner will need to show a valid government issued photo ID to collect all prizes.
All prizes are 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). Official Winner may not return, exchange, substitute, redeem for cash, transfer, auction or sell their prize. Hornets are not responsible for damage during shipping (if any), prize utility, quality or otherwise. All prize details not specified in these Official Rules will be determined in Hornets’ sole and absolute discretion. Official Winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether it, in whole or in part, are used.
6. ENTRY GUIDELINES AND RESTRICTIONS: Each Entry tied to a specific Game:
- Must be submitted during the period of entry as specified within the Application; and
- Must comply with these Official Rules.
NOTE: By submitting an Entry, each entrant agrees that his/her Entry conforms to the Entry Requirements set forth above and all other terms and conditions in these Official Rules and that Sponsor may, at its sole and absolute discretion, disqualify him/her from the Competition if Sponsor (in Sponsor’s sole discretion) decides that his/her Entry fails to conform to the Entry Requirements or any other provision of these Official Rules.
7. VERIFICATION OF OFFICIAL WINNER: The Official Winner may not be notified of his/her status after the Promotion has ended unless Hornets require additional information or confirmation of eligibility. The Official Winner is not a winner of any Prize unless and until his/her eligibility to participate and win has been verified and he/she has received notice from Hornets that he/she is the Official Winner of the prize. Hornets’ decisions are final and binding in all matters related to the Promotion. Official Winner may be required to provide Hornets with their name, residential address, telephone number, email address, social security number and valid photo ID. Hornets will not accept screen shots or other evidence of winning in lieu of its validation process. Official Winner may be required to sign a non-disclosure agreement and an affidavit of eligibility/liability release (which affirms that he/she has complied with these Official Rules), Form W-9 or IRS Form 1099 and a publicity release (where permitted by law), all of which, if issued, must be completed, signed, notarized and returned within two (2) business days from date of issuance or the prize will be forfeited and may be awarded to an alternate winner. If the Official Winner refuses to provide his/her Social Security Number for such prize within two (2) business days after request is made for the same, said Official Winner will be disqualified. If the prize is declined, the prize or prize notification is returned as undeliverable, or if noncompliance with these Official Rules and the requirements herein occurs, the prize will be forfeited in Hornets’ sole discretion. If Official Winner forfeits a prize, Hornets may select a new Official Winner, time permitting. Additional paperwork, releases, background checks or screenings, to the extent allowed by law, may also be required before a prize can be awarded. Except where prohibited, participation in the Promotion constitutes the consent of the Official Winner for Hornets’ and their respective agents’ use of Official Winner’s name, likeness, photograph, voice, opinions and/or hometown and state for advertising, promotional, and other purposes in any manner, in any and all media, now known or hereinafter devised, worldwide, in perpetuity, without further payment or consideration, notification, or permission (unless prohibited by law), and Official Winner’s further agreement to execute any specific consent needed or requested by Hornets or their respective designees in furtherance of such use.
8. RELEASE; LIMITATIONS OF LIABILITY; GENERAL CONDITIONS: All federal, state and local laws, rules and regulations apply. Entrants and Entries are subject to all local rules. Void outside of the Eligibility Area and where prohibited by law. The Promotion Entities are not responsible for late, lost, stolen, damaged, garbled, incomplete, mistyped, misaddressed or misdirected Entries, emails, mail or communications; for errors, omissions, interruptions, deletions, defects, or delays in operations or transmission of information, in each case whether arising by way of technical or other failures or malfunctions of computer hardware, software, communications devices; or for transmission lines or data corruption, theft, destruction, unauthorized access to or alteration of Entry materials, loss or otherwise. Further, Promotion Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in an entrant’s email account or insufficient space on entrant’s computer or telephone device. The use of automated software or computer programs to register or to enter the Promotion is prohibited, and any individual who uses or attempts to use such methods to register or to enter will be disqualified. The Promotion Entities disclaim any liability for damage to any computer or telephone system resulting from participation in, or accessing or downloading information in connection with, the Promotion, and Hornets reserve the right, at its sole discretion, to modify, cancel, terminate or suspend the Promotion or any promotions should any virus, bug, technical failures, unauthorized human intervention or other causes beyond Hornets’ control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion. If any such cancellation, termination or suspension occurs, a notice will be posted and, if a winner can be selected among all eligible, non-suspect entries received prior to such time, a winner will be selected. Hornets reserve the right to disqualify any entrant (and his/her Entry) from the Promotion, any other promotions conducted now or in the future by Hornets or any of their affiliates if he/she tampers with the entry process or if his/her fraud or misconduct affects the integrity of the Promotion or if he/she engages in any inappropriate or unacceptable behavior in connection with the Promotion. Hornets reserves the right to correct clerical or typographical errors in promotional materials. By participating in the Promotion, each entrant accepts the conditions stated in these Official Rules, agrees to be bound by the decisions of Hornets, warrants that he/she is eligible to participate in the Promotion and agrees to release, discharge, hold harmless and indemnify the Promotion Entities, Charlotte Arena Operations, LLC, Hornets Basketball Holdings, LLC, Charlotte Hornets Foundation, Inc. and their respective members, managers, equity holders, officers, directors, parents, subsidiaries, partners, agents, employees, successors and assigns each of them (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, and claims based on publicity rights, copyright, trademark, defamation or invasion of privacy, arising out of participation in the Promotion or Entries that are ineligible. By submitting any Artwork, Official Winner agrees to release the Released Parties from any and all liability, loss or damages arising from or in connection with the Promotion. All Promotion participants acknowledge and agree that normal Internet access, phone and usage charges imposed by their online, phone or similar providers may apply in order to participate in the Promotion and accept the prize. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision of these Official Rules is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The Promotion and all disputes, claims or controversies arising from these Official Rules, will be governed by North Carolina law, without regard to its conflict of law’s provisions.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE RELEASED PARTIES 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 INSTRAGRAM OR ANY DOWNLOADING FROM OR PRINTING MATERIAL FROM ANY WEBSITE ASSOCIATED WITH THIS PROMOTION. EVERYTHING ON THE CHARLOTTE HORNETS OFFICIAL INSTAGRAM ACCOUNT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. 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. OFFICIAL WINNER AGREES 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.
9. ARBITRATION AGREEMENT; DISPUTE RESOLUTION BY BINDING ARBITRATION:
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
(a) Agreement to Arbitrate: This Section is referred to in these Official Rules as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Hornets, whether arising out of or relating to these Official Rules, the Promotion, your participation in the Promotion, the prize, acceptance, possession, use or misuse of the prize, any advertising, or any aspect of the relationship between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by participating in the Promotion, you and Hornets are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
(b) Prohibition of Class and Representative Actions and Non-Individualized Relief: YOU AND HORNETS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND HORNETS, AS APPLICABLE, AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TOPROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
(c) Pre-Arbitration Dispute Resolution: Hornets are always interested in resolving disputes amicably and efficiently, and most participant concerns can be resolved quickly and to the participant’s satisfaction by emailing Hornets’ support team at firstname.lastname@example.org. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Hornets should be sent to Hornets Basketball, LLC, Attn: General Counsel at 333 East Trade Street, Charlotte, North Carolina 28202 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Hornets and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Hornets may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Hornets or you may not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Hornets are entitled.
(d) Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Official Rules as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Official Rules and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Hornets and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, Hornets agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
(e) Costs of Arbitration: Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys’ fees will be governed by the AAA Rules.
(f) Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
(g) Severability: If a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than clause (b) above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of clause (b) is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of these Official Rules will continue to apply.
(h) Conflict: If any conflict arises between any term or condition in this Section 9 and any term or condition in the Official Rules, then the applicable term or condition in this Section 9 will apply.
11. ODDS OF WINNING: The odds of winning a Prize depend upon the total number of eligible Entries received during the Promotion Period.
12. WINNERS LIST: To obtain an Official Winner list, send an email to email@example.com with the following subject line: “Please send the Official Winner list for the ‘Buzz City Tip Off Tour.’ Requests must be submitted within ninety (90) days after the end of the Promotion Period. The list will be sent to requesting parties after selection and verification of the Official Winner.
13. NOTICE: Hornets reserve the right to prosecute and seek damages against any individual who attempts to deliberately undermine the proper operation of the Promotion in violation of these Official Rules and/or criminal and/or civil law.