OFFICIAL RULES
“#8Over1 Sweepstakes”
Sponsored by Denver Nuggets
NO PURCHASE IS NECESSARY TO ENTER OR WIN A PRIZE; A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. Eligibility. The Denver Nuggets’ “#8Over1 Sweepstakes” (“Sweepstakes”) is open only to legal residents of the state of Colorado who are eighteen (18) years of age or older at the time of entry (each an “Eligible Entrant”). Employees, officers and directors (including immediate family members (spouse, domestic partner, child, sibling, parent and their respective spouses/domestic partners, regardless of where they reside) and members of the same household, whether or not related) of Sponsor (defined below); Kroenke Sports & Entertainment, LLC; The Denver Nuggets Limited Partnership (the “Denver Nuggets”), the National Basketball Association and its member teams and NBA Properties Inc. and each of their respective parents, affiliated companies, subsidiaries, licensees, divisions, advertising and promotion agencies, and any and all other companies associated with the Sweepstakes (collectively, the “Sweepstakes Entities”) are not eligible to participate or win the Grand Prize. The Sweepstakes is subject to all applicable federal, state and local laws, rules and regulations. Void where prohibited or restricted by law, rule or regulation. 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, including but not limited to the administration and operation of the Sweepstakes and the selection of the potential Winners. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sweepstakes Period. The Sweepstakes begins on March 14, 2014 at 2:00 p.m. MST and ends March 16, 2014 at 6:00 p.m. MST (the “Entry Period”). All entries (submissions) must be received by Sponsor by the end of the Entry Period to be part of the Sweepstakes. Sponsor reserves the right to extend or shorten the Entry Period at its sole discretion, and to cancel, terminate, modify or suspend the Sweepstakes for any reason in Sponsor’s sole discretion. Sponsor’s clock shall, for all purposes, be the official clock of the Sweepstakes.
3. How to Enter. Each Eligible Entrant may enter the Sweepstakes any number of times during the Entry Period. The following describes the entry process: Entrants must tweet a Nuggets’ themed photo with the hashtag #8over1 during the Entry Period. In the event of a dispute, entries will be deemed made by the authorized account holder of the Twitter user name associated with an entry. The “authorized account holder” is deemed the natural person who is assigned (by Twitter) to the Twitter user name included in the entry form.
4. Winner Determination. After the end of the Entry Period, one (1) entry will be selected at random from all Eligible Entrants (the “Potential Winner”). Provided that the photo submitted by the Potential Winner complies with these Official Rules, Sponsor will attempt to contact the Potential Winner in the manner described below. Should the Potential Winner not meet the eligibility criteria for entrant or the entry be found, in Sponsor’s sole discretion, to not comply with these Official Rules, such Potential Winner will be disqualified and Sponsor will select an alternative Potential Winner, with such process continuing until a Potential Winner is selected who is eligible to enter the Sweepstakes and has submitted a photo that complies with these Official Rules.
5. Potential Winner Contact. Sponsor will attempt to contact the Potential Winner promptly after he or she is selected by sending a direct message via Twitter. If such message fails or the Potential Winner fails to respond to such message within twelve (12) hours after delivery, such Potential Winner will be disqualified and an alternative Potential Winner will be selected and contacted. Such process will continue until Sponsor contacts a Potential Winner who returns Sponsor’s e-mail message and such individual will be the “Winner”. At all times, Sponsor reserves to right to select an alternate Winner in the event that a Winner is found to have not complied with these Official Rules.
6. Grand Prize; Prize Terms. The Winner will receive two (2) tickets to the Denver Nuggets home game on March 17, 2014 and retro Dikembe Mutumbo Nuggets jersey (the “Grand Prize”). The approximate retail value of the Grand Prize is $250. The right to receive a prize is non-transferable and non-assignable. No cash redemption is permitted except at Sponsor’s sole and absolute discretion. Sponsor reserves the right to substitute the Grand Prize (or any portion thereof) with one of comparable or greater value at its sole and absolute discretion. All costs and expenses associated with the Grand Prize acceptance and use not specified herein as being provided, including but not limited to transportation costs, parking, food and beverages, gratuities and other expenses incurred by accepting and making use of the Grand Prize are the sole responsibility of the Winner (and Winner’s guests, as applicable). All federal, state, or local taxes associated with the Grand Prize are each Winner's responsibility. A form 1099 may be issued based on the value of the prize as required by law. Winner and/or Winner’s guest(s) will receive admission to the applicable game only upon presentation of an admission ticket and will be subject to the rules and regulations of the Pepsi Center and the Denver Nuggets while attending the game. Winner and Winner’s guests may be required to execute and return any required affidavit of eligibility and/or liability/publicity release. To the extent requested, all such forms will be completed and returned within twenty-four (24) hours or Sponsor may disqualify the Winner and select and alternate Winner.
7. Submission Guidelines. Submissions must be the original work of the Eligible Entrant, must have been created specifically for Sweepstakes, and must not have been previously published, released commercially or won any awards. No photo or video may be digitally or otherwise enhanced or altered. A “Submission” is any photo tweeted with the #8over1 hashtag for potential inclusion in the Sweepstakes.
A Submission must not include, depict or make reference to any of the following: obscenity, inappropriate language, nudity, sexual explicitness, drug or alcohol use, violence, firearms/weapons, commercial products, material that promotes any activities that may appear unsafe or dangerous, or promotes any particular political agenda or message, material that is hateful, tortious, defamatory, false or misleading, disparaging, slanderous, libelous, or otherwise unlawful, material that violates or infringes another’s rights, including but not limited to, rights of privacy or publicity, copyrights, trademarks, patents or any other intellectual property rights, material that promotes bigotry, racism, hatred or harm against any group or individual, or promotes discrimination based on race, ethnicity, sex, religion, nationality, disability, sexual orientation or age, and any other content, including but not limited to, text, images, music, graphics, photographs, captions and descriptions, data, codes or programs that could be considered inappropriate or offensive, as determined by Sponsor in its sole discretion.
Sponsor reserves the right to disqualify any Submission that it deems, in its sole discretion, to be a violation of the Official Rules or that are not in keeping with the Submission guidelines specified herein or Sponsor’s image or which communicate messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to be associated. Sponsor may request entrant to modify or edit any Submission so that the Submission meets such guidelines. Sponsor is not obligated to use, publish or display or broadcast any Submission.
All Submissions will be reviewed for content before being published; however such review does not relieve the Eligible Entrant from responsibility for compliance with all of these Official Rules.
All Submissions deemed suitable by Sponsor, in its sole discretion, will be published on Sponsor’s Facebook Photo Album as described above. Entrants agree that Sponsor may use their Submission(s), including your first name and state of residence, in whole or in part, for any purpose whatsoever without any additional compensation to, or right of review or approval by, you. Entrants agree that Sweepstakes Entities are not responsible for any unauthorized use of Submissions by any third parties.
By entering the Sweepstakes, each Eligible Entrant represents and warrants that: (i) the Submission is original, that he/she has all rights to the Submission; (ii) that the Submission was created specifically for Sweepstakes; (iii) that the Submission, in whole or in part, has not been released commercially, been previously published or won any awards; (iv) the Submission does not and will not violate any law, statute, ordinance or regulation; (v) the Submission is free and clear of any and all liens or claims with respect to the use of the Submission in the manner authorized in these Official Rules; (vi) the Submission does not infringe upon or violate the intellectual property rights of any third party and will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on copyrights, trademarks, patents or other intellectual property rights or any rights or interests of any third party, or give rise to any claims for any payment whatsoever; and (vii) the Submission is not and will not be defamatory, disparaging, libelous, pornographic or obscene.
All entrants, whether or not you are an Eligible Entrant and/or the Winner, agree that in consideration of being considered to enter this Sweepstakes, grant Sponsor and its representatives, affiliates, licensees, successors and assigns (i) the right, but not the obligation, to edit, adapt, reformat, rearrange, modify, combine with other pictures, items and/or materials, add to and/or customize Submission, and, if applicable to reverse engineer code provided in Submission (as long as these changes do not materially change the accuracy of the entrant’s Submission); and (ii) the non-exclusive, irrevocable, royalty-free, right and license to exhibit, display, broadcast, copy, reproduce, encode, compress, encrypt, incorporate data into, rebroadcast, transmit, record, publicly perform, create derivative works of, distribute and synchronize in timed relation to visual elements, and or otherwise exploit, the Submissions, and/or any portions or excerpts thereof, in any manner, including advertising, promoting and publicizing Sponsor, an unlimited number of times, in any and all media, now known or hereafter devised, in perpetuity, throughout the world, without any additional liability, obligation or additional payment of any kind to entrant or any third party.
Eligible Entrants agree to obtain and provide, upon request from Sponsor, any documentation necessary to prove their unrestricted ownership in all contents of Submission and their right to use Submission as specified in these Official Rules. Submissions will not be returned and receipt of Submissions will not be acknowledged. Proof of submission will not be deemed to be proof of receipt of Submission by Sponsor.
8. Privacy Policy. Any personally identifiable information collected during an entrant’s participation in the Sweepstakes will be collected by Sponsor and used by Sponsor (i) for purposes of proper administration and fulfillment of the Sweepstakes as described in these Official Rules, and (ii) as described in Sponsor’s privacy policy, found at http://www.nba.com/news/privacy_policy.html.
9. Release; Winner Publicity Release. By participating in the Sweepstakes and submitting an entry, each entrant agrees to release and hold harmless the Sweepstakes Entities and Facebook (collectively, “Released Parties”) from and against any and all claims, injuries, damages or losses that may occur, directly or indirectly, in whole or in part, from the participation in the Sweepstakes or from the receipt or use of the Grand Prize. The Winner, by acceptance of Grand Prize, grants to the Sweepstake Entities the right to publicize such Winner’s name, address (city and state of residence), photograph, voice and/or other likeness and prize information in any and all media now known or hereafter devised, throughout the world, in perpetuity, without additional compensation or consideration, notification or permission, unless prohibited by law.
10. General. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. The Sweepstakes Entities do not (i) make any warranty, guaranty or representation of any kind concerning the Sweepstakes or the Grand Prize and (ii) disclaim any and all express and implied warranties (including, without limitation, quality, merchantability and fitness for a particular purpose) relating to the Sweepstakes and the Grand Prize. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. The Sweepstakes Entities are not responsible for printing or typographical errors in any Sweepstakes-related materials; or transactions that are processed late, incorrectly or are lost. Sponsor reserves the right to cancel or modify the Sweepstakes if fraud or technical difficulties compromise the integrity of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.
Sweepstakes Entities assume no responsibility for and will disqualify submissions and votes that are: stolen, late, lost, illegible, incomplete, invalid, unintelligible, damaged, destroyed, delayed, misdirected, not received, postage due mail entries, garbled votes or failure to receive votes, or submissions that have incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any human, mechanical or electronic error that may occur in the processing of the submissions in Sweepstakes, or other errors appearing within the Official Rules or in any Sweepstakes related advertisements. Sweepstakes Entities assume no responsibility for any typographical or other error in the printing of the offer, administration of Sweepstakes, errors in processing submissions, identifying the Winner, in the announcement of the Grand Prize and Winner, and the delivery of the Grand Prize, any problems or technical malfunction of any telephone network or lines, mobile phone, computer systems, online systems, servers or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or on any web site, or any combination thereof, including, without limitation, any injury or damage to entrant’s or any other person’s computer system/software or mobile phone, or other portable electronic devise related to or resulting from participation or downloading any materials in Sweepstakes. Use of any device to automate or subvert entry is prohibited and any submissions received by such means will be void. No software-generated, robotic, programmed, script, macro or other automated entries are permitted and any submissions or votes received by such means will be void. Sponsor reserves the right in its sole discretion to disqualify any person they suspect or find: (i) to have used a software generated, robotic, programmed, script, macro or other automated entry; (ii) to have tampered with the submission process or the operation of Sweepstakes; (iii) to be acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; (iv) to display behavior that will bring such Winner or Sweepstakes Entities into disgrace; (v) to have provided inaccurate information on any legal documents submitted in connection with Sweepstakes; or (vi) to be acting in violation of these Official Rules. Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion. ANY VIOLATION OF THESE OFFICIAL RULES BY THE WINNER WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS THE WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS THE WINNER WILL BE IMMEDIATELY TERMINATED.
11. Indemnity; Disputes. By participating in the Sweepstakes, all entrants agree to indemnify and hold harmless the Sweepstakes Entities from any and all liability arising out of or relating in any way to entrant’s participation in the Sweepstakes. Except where prohibited by law, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the State and Federal courts located in the County of Denver, State of Colorado; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THIS SWEEPSTAKES, BUT IN NO EVENT ATTORNEYS' FEES; AND (3) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM INDIRECT, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Colorado without giving effect to any choice of law or conflict of law rules (whether of the State of Colorado or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State Colorado. If any provision of these Official Rules is declared invalid or unenforceable, such provision will be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision will not affect any other provision of these Official Rules, and these Official Rules will continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as described above, as the case may be. Entrants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction that they may have.
12. Sponsor. The sponsor of this Sweepstakes is The Denver Nuggets Limited Partnership, 1000 Chopper Cir, Denver, CO 80204.
13. Winner List. For the list of the Winner, mail a self-addressed stamped envelope to: Winner’s Name Denver Nuggets “#8Over1 Sweepstakes”, 1000 Chopper Cir, Denver, CO 80204. All requests must be received by no later than May 31, 2014.