OPEN ONLY TO LEGAL RESIDENTS OF THE FORTY-EIGHT (48) CONTIGUOUS UNITED STATES OR THE DISTRICT OF COLUMBIA WHO ARE EIGHTEEN (18) YEARS AND OLDER, OR THE AGE OF MAJORITY IN YOUR JURSIDICTION, AT THE TIME OF ENTRY.
4. ENTRY GUIDELINES AND RESTRICTIONS: Each Entry:
The September 2018 Preseason Half-Court Shot Promotion (the “Promotion”) is administered Hornets Basketball, LLC (“Administrator”), with its principal place of business located at 333 East Trade Street, Charlotte, North Carolina 28202.
1. PROMOTION PERIOD: The Promotion begins at or about 12:00 PM Eastern Time (“ET”) on September 4, 2018 and ends at 11:59 PM ET on September 21, 2018 (the “Promotion Period”).
2. ELIGIBILITY: This Promotion is offered only to those persons who (i) are currently enrolled as full-time students in an undergraduate academic program at an accredited college or university, (ii) are legal residents of the forty-eight (48) contiguous United States or the District of Columbia, (iv) are eighteen (18) years of age and older, or the age of majority in their jurisdiction, at the time of entry, and (v) purchase student tickets via UNC’s official ticket office website located at https://ev10.evenue.net/cgi-bin/ncommerce3/SEGetGroupList?groupCode=HORN... during the Promotion Period to the Charlotte Hornets vs. Boston Celtics preseason game to be held at the Dean Smith Center (the “Arena”) on September 28, 2018. Employees of Administrator, NBA Properties Inc. NBA Media Ventures, LLC, the National Basketball Association and its Member Teams, and each of their respective parent, subsidiary, and related companies and divisions (collectively defined as the “NBA Entities”), and their respective owners, parent companies, affiliates, directors, subsidiaries, franchisees, representatives, advertising, promotion and production agencies, agents (collectively, with Administrator and the NBA Entities, the “Promotion Entities”) and their immediate family members (i.e., spouse, parent, child, sibling, and the “steps” of each) and persons living in the same household of each are not eligible to participate in the Promotion. Void where prohibited or restricted by law. All federal, state and local laws apply.
In addition, individuals who meet the following criteria will not be eligible to participate in the Promotion: any person who has ever been (i) a professional, semi-professional or Olympic basketball player, (ii) a college or high school basketball player (freshman, junior varsity, or varsity for men or women) who has played at that level or above within the past six (6) years, or (iii) a college or high school basketball coach (freshman, junior varsity, or varsity for men or women) who has coached at that level or above within the past six (6) years.
Participation constitutes entrant’s full and unconditional agreement to these Official Rules Administrator’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. Entrants and/or potential winners may be required to provide proof of identification and eligibility as required by Administrator.
3. HOW TO ENTER THE PROMOTION: During the Promotion Period, an eligible entrant may enter by the following method:
Purchase of Student Ticket Online by Eligible Person: An eligible entrant must purchase a student ticket to the September 28, 2018 Charlotte Hornets vs. Boston Celtics Preseason Game (the “Game”) via UNC’s official ticket office website located at https://ev10.evenue.net/cgibin/ncommerce3/SEGetGroupList?groupCode=HORNE... during the Promotion Period (each an “Entry”). In addition to purchasing a student ticket, an eligible entrant must be physically present at the Dean Smith Center during the game.
By submitting an Entry, each entrant agrees that his or her Entry conforms to the Entry Guidelines and Restrictions set forth in Sections 2 and 4 of these Official Rules (the “Entry Requirements”).
Submitting an Entry constitutes entrant’s grant to Sponsor, the Arenas, the Arena’s owners, their parents and affiliates, and employees, officers, directors, licensees, designees, agents, successors and assigns (collectively, “Grantees”), of a royalty-free, irrevocable, perpetual, nonexclusive license to use, reproduce, modify, post, distribute, publish or create derivative works from and display the Entry in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional, advertising, public relations, trade show and/or marketing purposes, without further compensation, notification or permissions of any kind except where prohibited by law. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the nonexclusive rights entrant is granting to use the Entry. This license expressly includes a right (but not the obligation) for Sponsor to modify Entries to remove any third party intellectual property. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Entry for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein. Each entrant hereby acknowledges that such entrant does not reserve any rights in or to the Entry. Further, the Sponsor, at its sole discretion, may add or remove any Entry from its website at any time for whatever reason. The displaying of an Entry on any website does not constitute verification of eligibility or compliance with these Official Rules and all Entries and entrants remain subject to verification of eligibility and compliance with these Official Rules as determined by Sponsor at its sole discretion.
Entry Limit: Regardless of the method of entry, there is a limit of one (1) entry per person during the entire Promotion Period. All entries received in excess of the entry limit will be disqualified. Incomplete entries will not be accepted.
4. ENTRY GUIDELINES AND RESTRICTIONS: Each Entry:
• Must be submitted online during the Promotion Period;
• Must comply with these Official Rules; and
• Must have permission from any identifiable individual other than entrant, including permission from the parent or legal guardian of any identifiable minor, featured in the Entry, and must be able to furnish written proof of such permission at Sponsor’s request.
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 Administrator may, at its sole and absolute discretion, disqualify him/her from the Promotion if Administrator decides that his/her Entry fails to conform to the Entry Requirements or any other provision of these Official Rules.
5. WINNER SELECTION: The Promotion will be conducted and judged based upon the skill of each participant chosen at random by Administrator from all eligible Entries. During the Promotion Period, Administrator will randomly select three (3) contestants from all eligible Entries received based upon the Entry requirements for the Promotion described in Sections 2 and 3 above. The three (3) contestant’s, chosen at random, will attempt one (1) half-court shot during the halftime portion of the Game and each successful attempt will win the Prize (defined below).
6. PRIZES, ODDS OF WINNING, AND APPROXIMATE RETAIL VALUE:
A. Prizes: Each winner, if any, will receive one (1) prize valued in the amount of $10,000 (the “Prize”). The Prize will be determined by Administrator in its sole discretion, and is subject to Administrator’s approval and availability. All expenses associated with the participation in a Prize will be solely the winner’s responsibility.
The Prize is non-refundable and non-transferable and has no cash value. If for any Prize a winner cannot be confirmed by the end of the Promotion Period, the Prize will be forfeited and will not be awarded. Administrator will not bear any responsibility if any event, element or detail of a Prize is canceled, postponed or becomes unavailable for any reason. Administrator is not responsible if this Promotion is delayed, postponed, or canceled for any reason.
B. Odds of Winning: The odds of winning a Prize depend upon the total number of eligible Entries received during the Promotion Period and participants chosen at random to participate in the Promotion.
C. General Prize Conditions: The right to receive a Prize is non-assignable, non-transferable and no prize substitution or exchange will be allowed, except by Sponsor who reserves the right to substitute a prize of equal or greater value in case of unavailability of Prize or force majeure. The Promotion Entities will not be responsible for any inability of any winner to accept or use any portion of a Prize for any reason. Federal, state and local taxes are solely the responsibility of each winner. All other costs and expenses not expressly set forth herein shall be solely each winner’s and/or his/her guest’s responsibility. Promotion Entities are not responsible for any delays in Prize fulfillment. In no event will more Prizes than are stated in these Official Rules be awarded. Limit one (1) Prize per person/household.
7. HOW TO CLAIM A PRIZE: Instructions on how to claim the Prize, if applicable, (the “Instructions”) will be communicated to the winner at the conclusion of the Promotion Period. The winner must follow the Instructions and complete all action items requited of Administrator to Administrator’s satisfaction before exiting the Arena. If a potential winner is found to be ineligible or not in compliance with these Official Rules or declines to accept a Prize, Administrator is unable to contact a potential winner, or the Prize notification or Prize is returned undeliverable, the Prize will be forfeited, and in Administrator’s sole discretion, the forfeited Prize may be awarded to an alternate winner, time permitting. The winner may be required to furnish proof of identification and other proof of eligibility under these Official Rules. Upon verification of eligibility, Administrator will mail the Prize to the Winner at the address provided during winner verification.
ALL FEDERAL, STATE AND LOCAL TAXES IMPOSED ON THE ACCEPTANCE OF A PRIZE ARE SOLELY THE RESPONSIBILITY OF THE WINNER.
8. LIMITATION OF LIABILITY: By participating in this Promotion, entrants agree that the Promotion Entities, Arena, and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, Web masters and their respective officers, directors, employees, representatives, designees and agents (collectively, the “Released Parties”) are not responsible for lost, late, incomplete, stolen, misdirected, postage due or undeliverable email notifications or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet/website/use net accessibility, availability or traffic congestion; or any technical, mechanical, printing or typographical or other error; or unauthorized human intervention; or the incorrect or inaccurate capture of registration information; or the failure to capture, or loss of, any such information. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any website users, tampering or hacking or by any of the equipment or programming associated with or utilized in the Promotion and assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to any Promotion-related website or social media platform. The Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person’s computer related to or resulting from participating in the Promotion and/or accepting or using a Prize. The Released Parties will not be responsible or liable for entries that are entered by any automated computer, program, mechanism or device, for any entries in excess of the stated limit or for entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules, and all such entries may, in Administrator’s sole discretion, be disqualified.
If, for any reason, the Promotion is not capable of running as planned, Administrator reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Promotion and/or aspects of the Promotion, including but not limited to: the selection of winners in a manner it deems fair and reasonable, including but not limited to the selection of the winners from among eligible Entries received prior to such cancellation, termination, modification or suspension. In no event will more Prizes be awarded than are stated in these Official Rules. In the event that, due to technical, typographical, mechanical or other errors, there are more winners than are stated in these Official Rules, a random drawing among the claimants will be held to determine the winners. This Promotion is subject to all federal, state and local laws and regulations.
By entering the Promotion, each entrant agrees: (i) to be bound by these Official Rules and by all applicable laws and by the decisions of Administrator, which are binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his or her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Promotion; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including but not limited to reasonable outside attorneys’ fees) that may arise in connection with: (a) the Promotion, including but not limited to any Promotion-related activity or element thereof, and the entrant’s registration, participation or inability to participate in the Promotion, (b) the violation of any third-party privacy, personal, publicity or proprietary rights, (c) typographical or printing errors in these Official Rules or any Promotion materials, (d) acceptance, receipt, delivery of, possession, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a Prize (or any component thereof), (e) any change in the prizing (or any components thereof) due to unavailability or due to reasons beyond Sponsor’s control, including but not limited to: by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or any other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation or modification of the Promotion, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of any registration (including but not limited to the registration information or any parts thereof), (i) any technical malfunctions or unavailability of the website or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software or Internet service provider, or mail service utilized by any of the Released Parties or by an entrant, (j) interruption or inability to access the Promotion, any Promotion-related websites or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to entrant’s (or any third person’s) equipment used to access the Promotion and/or its contents related to or resulting from any part of the Promotion, (l) any lost/delayed data transmissions, omissions, interruptions, defects and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries, (n) any wrongful, negligent or unauthorized act or omission on the part of any of the Released Parties, (o) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof) or (p) the negligence or willful misconduct by entrant.
Without limiting the foregoing, everything regarding this Promotion, including but not limited to the prize components, are provided “as is” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusions of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
9. DISPUTES: THIS PROMOTION IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NORTH CAROLINA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN MECKLENBURG COUNTY, NORTH CAROLINA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NORTH CAROLINA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN MECKLENBURG COUNTY, NORTH CAROLINA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR PROMOTION ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORTING TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE PROMOTION, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
11. PUBLICITY RIGHTS: By participating in the Promotion and/or accepting the Prize, each entrant agrees to allow the NBA Entities the perpetual right to use his or her name, social media name and/or handle, biographical information, photos and/or likeness and statements for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, including but not limited to, live television, worldwide, on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law.
12. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Promotion Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s entry to Administrator for purposes of the Promotion does not place the Promotion Entities in a position that is any different from the position held by members of the general public with regard to elements of the Entrant’s entry. Each entrant understands and acknowledges that the Promotion Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas or photos may be competitive with, similar or identical to the entry and/or each other in theme, idea, format or other respects. Each entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of any Promotion Entity’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Promotion Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the entry. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Promotion Entity’s actual or alleged exploitation or use of any entry or other material submitted in connection with the Promotion, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief and Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
13. NO OBLIGATION TO USE/FURTHER DOCUMENTATION: Administrator will have no obligation (express or implied) to use any entry, or to otherwise exploit any entry or, if commenced, to continue the distribution or exploitation thereof, and Administrator may at any time abandon the use of the any entry for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof. If Administrator desires to secure additional assignments, certificates of engagement for the entry or other documents as Administrator may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each Entrant agrees to sign the same upon Administrator’s request therefor.
14. GENERAL: Any attempted form of participation in this Promotion other than as described herein is void. If it is discovered or suspected in Administrator’s sole and absolute discretion that an entrant has registered or attempted to enter the Promotion in excess of the stated limits using multiple social media accounts, multiple identities, proxy servers or like methods, all of that entrant’s Entries will be declared null and void, and that entrant will be ineligible to win the Prize. In the event of a dispute as to the identity of a winner, the winning Entry will be declared made by the authorized account holder of the e-mail address associated with the handle used to submit such Entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business or educational institution) that is responsible for assigning e-mail addresses for the domain associated with the e-mail address associated with the social media handle used to enter the Promotion. Administrator reserves the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Promotion, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of the Promotion. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Promotion will void any attempted participation effected by such methods and result in the disqualification of the individual utilizing such. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY PROMOTION WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Rules or any word, phrase, clause, sentence or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the prize documents will not affect the validity or enforceability of any other provision. Administrator’s interpretation of these Official Rules is final and binding in all matters related to the Promotion. Administrator’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision and such provision shall remain in full force and effect. All registrations and/or materials submitted become the property of Administrator and will not be returned. In the event of any conflict with any Promotion details contained in these Official Rules and Promotion details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Promotion as set forth in these Official Rules will prevail.
15. The NBA Entities will have no liability or responsibility for any claim arising in connection with participation in this Promotion or any prize awarded. The NBA Entities have not offered or sponsored this Promotion in any way.