Hornets x DK May Jersey Giveaway: OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING.
OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES RESIDING WITHIN A 150-MILE RADIUS OF CHARLOTTE, NORTH CAROLINA WHO ARE TWENTY-ONE (21) YEARS AND OLDER AT THE TIME OF ENTRY.
The Hornets x DK May Jersey Giveaway (the “Sweepstakes”) is a sweepstakes sponsored by DraftKings, Inc., with its principal place of business located at 222 Berkeley Street, Floor 5, Boston, MA 02116, and Hornets Basketball, LLC with its principal place of business located at 333 E. Trade Street, Charlotte, NC 28202 (“Sponsor”). Sponsor is responsible for providing the prizes for the Sweepstakes. Your participation in the Sweepstakes means that you unconditionally agree to these Official Rules and all decisions by Sponsor, which are final and binding in all matters related to the Sweepstakes. To win the prize, you must comply with all facets of the Official Rules and all decisions by Sponsor.
1. SWEEPSTAKES PERIOD: The Sweepstakes begins at or about 9:00am Eastern Time (“ET”) on May 3, 2021 and ends at 11:59pm ET on May 3, 2021 (the “Sweepstakes Period”). Sponsor’s server and computer clock is the official time-keeping device.
2. ELIGIBILITY: This Sweepstakes is offered only to those persons who (i) are twenty-one (21) years of age or older at the time of entry, or the age of majority in their home jurisdiction, (ii) agree to these Official Rules, and (iii) are legal residents of the United States residing within a 150-mile radius of Charlotte, North Carolina (the “Eligibility Area”). Do not enter the Sweepstakes if your state of residence, age or any other rule or law prohibits or restricts you from entering or participating in the Sweepstakes, or prohibits, restricts, or limits the award of the prize. You must be able to accept the award of the prize without rules or restrictions imposed by the jurisdiction in which you live. Employees of Sponsor, Hornets Basketball, LLC, NBA Properties Inc., 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 the NBA Entities, the “Sweepstakes 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 Sweepstakes. Void outside of the Eligibility Area and where prohibited or restricted by law. All federal, state and local laws apply.
Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. 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 Sponsor.
3. HOW TO ENTER THE SWEEPSTAKES: During the Sweepstakes Period, an eligible entrant may enter the Sweepstakes by the following method:
Twitter and Instagram Social Media Enrollment Form: Eligible entrants must do the following to enter the sweepstakes during the Sweepstakes Period to be entered into this Sweepstakes (an “Entry”). By participating in the Sweepstakes, entrant agrees to be bound by all Official Rules of this Sweepstakes.
• @hornets on Instagram will post a picture and text caption to @hornets announcing the Sweepstakes (the “Post”).
• The Post will instruct entrants to “comment” underneath the Post with a specific hashtag provided in the Post (the “Hashtag”), and follow @DraftKings to enter the Sweepstakes, during the Entry Period. 2
• To comment underneath the Post, entrants should use the Instagram comment button on the Post during the Entry Period. Once the comment is published with the Hashtag, the entrant will be automatically entered to win the prize described in Section 4. The entrant must be a follower of @DraftKings on Instagram at the time of his/her entry and at the time the winner is selected.
• Entrants who are not already followers of @DraftKings on Instagram may become a follower of @DraftKings by searching for “DraftKings” on Instagram, selecting “@DraftKings” and then using the “Follow” button.
Entry Limit: There is a limit of one (1) Entry per person during the Sweepstakes Period (one (1) Facebook Entry, or one (1) Instagram Entry). 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 during the Sweepstakes Period; 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 Sweepstakes 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.
5. WINNER SELECTION: On or about May 4, 2021, Sponsor will randomly select one (1) winner (the “Official Winner”) from among all eligible Entries received during the Sweepstakes Period based upon the entry requirements for the Sweepstakes described in Section 3 above.
6. PRIZE, ODDS OF WINNING, AND APPROXIMATE RETAIL VALUE:
A. Prize: The Prize Winner will receive (1) teal Charlotte Hornets jersey, with the specific player to be determined by the Charlotte Hornets in their sole discretion.
The aforementioned prize is subject to the following restrictions and limitations:
Official Winner is required to read these Official Rules carefully. All prize details are subject to change in the sole discretion of Sponsor, and if Sponsor is unable to provide the Official Winner with his/her prizes, Sponsor may elect to provide the Official Winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value. Sponsor is not responsible for any cancellations, delay or changes in dates, times, or any other changes with respect to the prizes. If any part of the prize is canceled or changed, or the Official Winner or guest is unable to receive the prize for any reason, the Official Winner will not receive any substitution or reimbursement of the prize or portion thereof. All unclaimed prizes or unused portion of the prize will be forfeited in their entirety. It is Official Winner’s sole responsibility to stay informed about the details including the location, time and any changes regarding the delivery of the prize. All prizes will be awarded (assuming sufficient number of eligible entries) subject to the rules herein. Sponsor reserves right to substitute prizes of equal or greater value or different value; no exchanges, returns, resale, substitution, transfer or otherwise of prizes are permitted by Official Winner.
The Approximate Retail Value (“ARV”) of the prize is Two Hundred Dollars and Zero Cents ($200.00). Sponsor reserves right to substitute prizes of equal or greater value. No substitution or transfer of prizes permitted by Official Winner.
ALL COSTS NOT EXPRESSLY STATED HEREIN, INCLUDING BUT NOT LIMITED TO, TRANSPORTATION, DELIVERY, FEES, PERSONAL CHARGES, GRATUITIES AND TAXES, ARE THE SOLE RESPONSIBILITY OF THE OFFICIAL WINNER.
B. Odds of Winning: The odds of winning a Prize depend upon the total number of eligible Entries received during the Sweepstakes Period.
C. General Prize Conditions: 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 his/her prize. Sponsor is 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 Sponsor’s 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. 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 Official Winner via electronic mail, “direct message,” telephone call or other communication method via the social media handle associated with his/her entry, with further instructions on how to redeem the Prize. If there is no answer/reply, Sponsor will leave a message. If Sponsor’s message is not returned within three (3) hours, the Official Winner will forfeit the Prize. The Official Winner must follow the Instructions and complete all action items requited of Sponsor to Sponsor’s satisfaction. If a potential winner is found to be ineligible or not in compliance with these Official Rules or declines to accept the Prize or Sponsor is unable to contact a potential winner, the Prize will be forfeited, and in the Sponsor’s sole discretion, the forfeited Prize may be awarded to an alternate winner, time permitting, who will then be deemed the “Official Winner.” The Official Winner may be required to furnish proof of identification and other proof of eligibility under these Official Rules.
ALL FEDERAL, STATE AND LOCAL TAXES IMPOSED ON THE ACCEPTANCE OF A PRIZE ARE SOLELY THE RESPONSIBILITY OF THE OFFICIAL WINNER.
8. LIMITATION OF LIABILITY: By participating in this Sweepstakes, entrants agree that the Sweepstakes Entities 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 Sweepstakes 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 Sweepstakes-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 Sweepstakes and/or accepting or using the Prize. The Released Parties will not be responsible or liable 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 Sponsor’s sole discretion, be disqualified.
If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes and/or aspects of the Sweepstakes, 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 Sweepstakes is subject to all federal, state and local laws and regulations.
By entering the Sweepstakes, each entrant agrees: (i) to be bound by these Official Rules and by all applicable laws and by the decisions of Sponsor, which shall be 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 Sweepstakes; 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 Sweepstakes, including but not limited to any Sweepstakes-related activity or element thereof, and the entrant’s registration, participation or inability to participate in the Sweepstakes, (b) the violation of any third-party privacy, personal, publicity or proprietary rights, (c) typographical or printing errors in these Official Rules or any Sweepstakes 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 Sweepstakes, (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 Sweepstakes, any Sweepstakes-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 Sweepstakes and/or its contents related to or resulting from any part of the Sweepstakes, (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 Sweepstakes, 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 SWEEPSTAKES 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 Sweepstakes and/or accepting the Prize, each entrant agrees to allow Sponsor, Sponsor’s designee, and/or 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 Sweepstakes Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s entry to Sponsor for purposes of the Sweepstakes does not place the Sweepstakes 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 Sweepstakes 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 Sweepstakes Entity’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Sweepstakes 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 Sweepstakes Entity’s actual or alleged exploitation or use of any entry or other material submitted in connection with the Sweepstakes, 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. GENERAL: Any attempted form of participation in this Sweepstakes other than as described herein is void. If it is discovered or suspected in Sponsor’s sole and absolute discretion that an entrant has registered or attempted to enter the Sweepstakes in excess of the stated limits using multiple identities 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. Sponsor reserves the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Sweepstakes, 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 Sweepstakes. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES 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. Sponsor’s interpretation of these Official Rules is final and binding in all matters related to the Sweepstakes. Sponsor’s failure to enforce any term of these Official Rules shall 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 Sponsor and will not be returned. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes 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 Sweepstakes as set forth in these Official Rules shall prevail.
14. LIST OF WINNERS: For the names of the winners, please request by email to email@example.com no later than May 31, 2021.
15. The NBA Entities will have no liability or responsibility for any claim arising in connection with participation in this Sweepstakes or any prize awarded. The NBA Entities have not offered or sponsored this Sweepstakes in any way.