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NBA InPlay Fantasy Game Official Terms & Conditions

NBA InPlay Fantasy Game Official Terms & Conditions

No Purchase or Payment of any Kind Necessary.

Purchasing Will Not Increase Your Chances Of Winning.

This Game May Not Be Used To Conduct, Advertise Or Promote Any Form Of Gambling.

NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO PARTICIPATE OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. THIS GAME MAY NOT BE USED TO CONDUCT, ADVERTISE OR PROMOTE ANY FORM OF GAMBLING. THIS GAME IS OPEN TO PERSONS WHO ARE ALL OF THE FOLLOWING: (A) LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES OR WASHINGTON DC (FOR PURPOSES OF CLARITY, RESIDENTS OF PUERTO RICO AND ALL TERRITORIES AND POSSESSIONS OF THE UNITED STATES ARE EXPRESSLY EXCLUDED) AND CANADA EXCLUDING QUEBEC; AND (B) AT LEAST THIRTEEN (13) YEARS OF AGE OR OLDER AT THE DATE OF REGISTRATION IN THE GAME. ELIGIBLE MINORS MUST OBTAIN THEIR PARENTS OR LEGAL GUARDIANS PERMISSION PRIOR TO PARTICIPATING. VOID IN PUERTO RICO AND ALL TERRITORIES AND POSSESSIONS OF THE UNITED STATES AND WHERE PROHIBITED BY LAW.

Introduction: Welcome to the NBA InPlay Fantasy Game (the “Game”), a free-to-play multiplayer mobile application where you can interact with and enhance your NBA live television viewing experience in a public setting or with friends and family members. The rules for the Game are explained fully in this document.

The Game Manager: NBA Digital (“NBAD”) will serve as the manager of the Game and will coordinate and manage all Fan Points (as defined below) tabulations and will have the authority to resolve any disputes that arise regarding Fan Point tabulations, alleged terms violations or anything else pertaining to the Game.

Eligibility: The Game is open to persons who are all of the following: (A) legal residents of the fifty (50) United States excluding Puerto Rico and all territories and possessions of the United States, the District of Columbia or Washington DC, and Canada excluding Quebec; and (B) who are thirteen (13) years of age or older as of the date of registration. Eligible minors must obtain their parents or legal guardians permission prior to participating. Employees, officers, directors, agents and representatives of NBA Properties, Inc., (“Sponsor”), FanDuel, Inc., Turner Networks, The National Basketball Association (“NBA”), NBA Media Ventures, LLC, NBA Digital, the NBA and its member teams, and each of their respective parent companies, subsidiaries, affiliates, officers, governors, owners, distributors, retailers, agents, advertising/promotion agencies and teamDigital Promotions, Inc. (hereafter collectively, “Released Parties”), and each such individual’s immediate family members (mother, father, sister, brother, child, husband, wife and their respective spouses, regardless of where they reside) and those living in their same households, whether or not related, are not eligible to participate in any contest associated with this Game where a prize is available to be awarded. Void in Quebec, Puerto Rico, and all territories and possessions of the United States and where prohibited by law. All applicable federal, state and local laws apply.

Game Period: The Game Period begins at approximately 8:00 PM EST on October 16, 2018 and ends at the completion of the last game of the 2018-2019 NBA schedule which is scheduled to take place at approximately 9:00 PM on June 16, 2019 (hereafter, “Game Period”). End date of the Game Period is subject to change dependent upon the NBA schedule. The Game and participation in the Game are subject to these Terms and Conditions. All Game registrations become the property of Sponsor and will not be acknowledged or returned.

The NBA InPlay App: Visit www.nba.com/inplay or download the free NBA InPlay mobile app (“NBA InPlay”) on your iOS* or Android* wireless device. There are two ways to log in: 1: Facebook: Follow the prompts to sign in to your Facebook account (if you already have an Facebook.com account set up) with your username and password; or if you do not have an Facebook.com account, follow the prompts to set up an Facebook.com account for free by completing and submitting the form provided, or 2) NBA Account: Follow the prompts to sign in to you NBA All-Access account. If you are not a registered member of NBA All-Access, you may register before participating in this Game. Registration is free. To register, complete and submit the NBA All-Access User Registration form according to the instructions provided. As part of the registration process, you will be asked if you wish to receive promotional emails from the NBA. Consenting to receive promotional emails is optional and is not required for membership or participation in this Game, and will not impact your chances of winning. Upon completion of the registration process, you may link to the Game Play page using your newly designated user name and password from www.NBA.com to participate in the Game.

Important Note: Message and data rates may apply for app download and use. Your wireless service provider may charge you for data use. Please consult your wireless service provider regarding their pricing plans.

You may then access the Game at any time during the Game Period by opening the NBA InPlay mobile app on your wireless device. Limit one (1) NBA InPlay account per person using only one (1) email address and wireless device. NBA InPlay accounts from any person, email address or wireless device in excess of the above stated limitation will be void. A participant may only use one (1) email address and wireless device to participate in this Game. The use of script, macro or any other device to automate or subvert the Game process is prohibited and all such game plays will be void. In the event of a dispute as to the identity based on e-mail address submitted, entry will be declared made by the Authorized Account Holder (as hereinafter defined) of the e-mail address associated with the applicable participants Facebook.com account. “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, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.

Selecting an NBA Game and Players: From the list of NBA games provided, select the NBA game you plan to watch on TV. Once you’ve selected an NBA game, you may then follow the instructions to scroll through the list of active players from the NBA teams in that game and drag one (1) player into the applicable circle on the screen for each quarter of the NBA game (for a total of four (4) NBA players selected). You may also select Quickplay, which will automatically pick four (4) players for your lineup. Each NBA player can only be selected for one (1) quarter of a game; you must select four (4) different players (one (1) per quarter). If you attempt to join a game after a quarter has ended for the applicable NBA game you will only be permitted to select one (1) NBA player for each quarter yet to be concluded. Once your selected NBA game is set to begin you may click the “Play Now” button to sync the sounds from your TV to NBA InPlay and begin playing.

Fan Points: Throughout your selected NBA game, the NBA players you’ve selected will accrue (or lose) points (“Fan Points”) based on their performance. Fan Points are tabulated as follows:

Player Statistic

Fan Points

3-pt Field Goal

3

2-pt Field Goal

2

Free Throw Made

1

Rebound (Offensive or Defensive)

1.2

Assist

1.5

Block

3

Steal

3

Turnover

-1

Unless Turbo Mode is activated (as described below), only the one (1) player you’ve selected for each quarter will be capable of accruing points for your team during each applicable quarter of the NBA game. At the conclusion of the NBA game, the Fan Points your team accrued throughout the NBA game will be combined to obtain your final score.

Turbo Mode: While the game clock is running during your selected NBA game you will have the option of activating “Turbo Mode” by long-pressing the Turbo icon on the screen. Turbo Mode allows you to accrue Fan Points from all players on your active player’s team AND a points boost multiplier for the NBA player you selected for the quarter in question that starts at 5x and decreases as the Turbo Mode activation progresses. With each use, Turbo Mode can be activated for 48 seconds of game clock time during the NBA game you’ve selected. You will have the opportunity to use five (5) Turbo Mode activations each quarter of the game. Any Turbo Mode activation not used when a quarter concludes will be void and will not carry over to any/all subsequent quarters.

Statistics Corrections: Following the completion of each NBA game, all statistics and Fan Point totals are verified, and corrections are made where necessary. FanDuel’s tabulations of all statistics and corresponding Fan Points will be final.

Deadline to Edit: Once a quarter for the applicable NBA game has started you will no longer be able to revise the player you selected for the quarter in question, however you may revise the player(s) for any/all remaining quarter(s) that have yet to begin.

Contests: Throughout the Game Period, each broadcasted game (and each quarter) will be designated as “Contests” that will be eligible for contest prizing. The exact dates, times, prizes and quantity of NBA games to be identified by Sponsor as a Contest will be determined by Sponsor, in its sole discretion.

Contest Winner Determination: Contest Prizes will be awarded in two ways: 1) Full Game Prizes, and 2) Quarterly Prizes. Full Game prizes will be awarded to the individuals participating in the Contest whose teams have accrued the highest Fan Point total at the conclusion (as outlined on the respective Game Play page) of each NBA game selected by Sponsor as a Contest. Quarterly prizes will be awarded to the individuals participating in the Contest whose teams have accrued the highest Fan Point total for each Quarter (as outlined on the respective Game Play page) of the respective NBA game selected by Sponsor as a Contest. Fan Point tabulations are subject to verification and confirmation by FanDuel and potential winners’ compliance with these Terms.

Contest Prizes (Number of prizes awarded per Contest will be outlined on the respective Game Play page): Each Contest prize will consist of an electronic gift card to the retailer designated by the Sponsor valued between $5.00 and $50.00. Gift cards are subject to certain terms and conditions as specified by Gift Card issuer. Prizes are awarded “as is” without any warranty or guarantee, either express or implied by Sponsor. Costs and expenses associated with the acceptance and use of prizes not specified herein as being awarded, including, but not limited to, federal, state and local taxes are each winner’s sole responsibility. All prize details are at Sponsor’s sole discretion. The Sponsor reserves the right to add or modify prizing at any time throughout the Contest.

Contest Prize Notification: Potential prize winners will be notified via NBA InPlay push notification or email within three (3) days following the completion of an applicable Contest. Potential prize winners may be required to submit valid identification (in a form determined by Sponsor in its sole discretion) to the Released Parties and may be required to execute and return, within three (3) days of issuance, an Affidavit of Eligibility, Liability and Publicity Release (unless prohibited by law). Any of the following may result in disqualification and, at Sponsor discretion and time permitting, the prize may be awarded to runner up (as applicable): failure to return such documents within the specified time period, noncompliance with these Terms and Conditions, the return of any prize or prize notification and if any potential winner declines a prize for any reason.

Additional Challenges: Throughout the Game Period, Sponsor may offer additional Game challenges or activities (“Challenges”) which may award prizes to those who participate or accrue the highest Fan Point total(s) in an applicable Challenge. Challenges may include, but are not limited to, contests, sweepstakes, instant win promotions, competitions, and other actions that may integrate social media activities. Participants must have an NBA InPlay account and have access to the Game to be eligible for a Challenge. Each Challenge will have specific rules or instructions which will govern the Challenge and which specify any/all applicable prize(s).

General Conditions: By playing the Game, each participant accepts and agrees to accept and be bound by these Terms and Conditions and by the decisions of the Sponsor, which shall be final and binding in all respects. No transfer, assignment, cash redemption, or substitution of prize (or portion thereof) is permitted except by Sponsor who reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value as determined by Sponsor.

Except where prohibited by law, a prize winner’s acceptance of a prize constitutes permission for the Released Parties to use that prize winner’s name, photograph, likeness, statements, biographical information, voice, and address (city and state) worldwide and in all forms of media, in perpetuity, without further compensation. Prize winners agree to Released Parties’ use of their names and likeness for advertising and publicity purposes, without additional compensation, unless prohibited by law.

The Released Parties and their parents, affiliated and subsidiary companies and advertising and promotion agencies are not responsible for lost, incomplete, inaccurate, garbled, late, delayed, undelivered or misdirected NBA InPlay downloads, installations, registrations, usernames, Fan Points, NBA player selections or revisions; theft, destruction or unauthorized access to, or alteration of, NBA player selections; failures or malfunctions of phones/mobile devices (including wireless phones/handsets or other wireless devices), phone lines or telephone systems; interrupted or unavailable network/mobile app, server or other connections; any error, omission, interruption, defect or delay in any transmission or communication; traffic congestion on the Internet or for any technical problem, including, but not limited to, any injury or damage to participant’s or any other person’s computer or mobile device related to or resulting from participation in this Game; errors or ambiguity in these Terms and Conditions, in any Game-related advertisements or other materials; the selection or announcement of potential winners or the distribution of prizes; the cancellation, suspension or preemption of NBA games, injuries or other unavailability of players, scoring tabulation or timing errors or other problems or errors of any kind whether mechanical, human, electronic, typographical, printing or otherwise. By entering, each participant agrees that the Released Parties and their parents, affiliated and subsidiary companies and advertising and promotion agencies shall have no liability and will be held harmless by participant for any claim, action, liability, loss, injury or damage (1) to participant or any other person or entity, including, without limitation, personal injury or death to participant or any other person or damage to personal or real property, due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of any prize and any travel or travel-related activity thereto or participation in this Game, and (2) any and all taxes and other fees applicable to the prizes received by the prize winners. The Released Parties, in their sole discretion, reserve the right to: 1) disqualify any person (and void his/her points) who tampers with the submission process, the operation of the Game, or any other component of this Game, or who is otherwise in violation of these Terms and Conditions; and 2) modify, suspend or terminate this Game (or any portion thereof) should virus, bugs, non-authorized human intervention or other causes, including but not limited to war, strikes, and/or acts of God, corrupt or impair the administration, security, fairness or proper play of this Game. The Released Parties reserve the right to halt or modify the Game at any time during the Game Period if events beyond its control compromise the Game’s fairness or integrity. CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GAME IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, RELEASED PARTIES RESERVE THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT PERMITTED BY LAW.

The Released Parties reserve the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Game. This is a Game designed to increase consumer awareness of and interest in the Released Parties’ service.

This Game may not be used for any form of gambling.

Any entry or transaction that is incomplete, late, or does not include a validly issued NBA InPlay account or username will be disqualified.

In the event that the Game is challenged by any legal or regulatory authority, Released Parties reserve the right to discontinue or modify the Game, or to disqualify participants residing in the affected geographic areas. In such event, the Sponsor shall have no liability to any participants who are disqualified due to such an action.

In the event of any ambiguity(s) or error(s) in these Terms and Conditions, the Released Parties reserve the right to modify these Terms and Conditions for clarification purposes or to correct any such ambiguity or error(s) without materially affecting the terms and conditions of the Game.

Limitation of Liability and Disclaimer of Warranties: IN NO EVENT WILL THE RELEASED PARTIES AND/OR THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND/OR THE GAME, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SERVICE. IN NO EVENT SHALL THE RELEASED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $100. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE GAME AND THE SERVICE INCLUDING THE PRIZES IS 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 EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

Binding Arbitration: The parties, including all participants, waive all rights to trial in any action or proceeding instituted in connection with these Terms and Conditions or the Game. Any controversy or claim arising out of or relating to these Terms and Conditions and/or the Game shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, in the City of New York, County of New York.

Governing Law and Jurisdiction:

THESE TERMS AND CONDITIONS AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Terms and Conditions and/or in connection with the entering of any judgment on an arbitration award in connection with these Terms and Conditions and/or the Game, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the New York state and federal courts located in the City of New York, County of New York, and State of New York. The parties agree not to raise the defense of forum non conveniens.

Privacy: The Released Parties collect personal data from participants when they play the Game. This information becomes the property of the Released Parties and may be combined with other information that you have submitted to them. Personal data collected from NBA InPlay is subject to Sponsor’s privacy policy located at http://www.nba.com/news/privacy_policy.html and will be handled consistent with that policy and subject to any specific privacy choices communicated to the NBA. Personal information may also be disclosed to third parties solely to administer the Game and award Contest prizes.

Contest Winner Information: For the names of Contest winners of prizes exceeding $25.00 in value, send a winners list request to support@nbainplay.com with the subject winners within thirty (30) days from the conclusion of the applicable Contest.

Sponsor: NBA Properties, Inc., 645 Fifth Avenue, New York, NY 10022.

*Android is a registered trademark of Google Inc. iOS is a registered trademark of Apple Inc. Google Inc. and Apple Inc. are not affiliated with and do not sponsor or endorse this Sweepstakes.