February 1, 2013 – February 28, 2013
NO PURCHASE OR OBLIGATION NECESSARY TO ENTER OR WIN. VOID OUTSIDE PA, NJ AND DE AND WHERE PROHIBITED.
1. ELIGIBILITY: The #XoXo76ers Photo Contest (the “Contest”) is open only to legal residents of Pennsylvania, New Jersey and Delaware, 18 years of age and older as of the date of entry. The following persons are not eligible to enter or win: employees of Philadelphia 76ers, L.P. (“Sponsor”), Greater Philadelphia Tourism Marketing Corporation, the National Basketball Association and its member teams and NBA Properties, Inc. and their respective parents, affiliates, subsidiaries and advertising and promotion agencies, and the immediate families (spouse, parents, siblings and children and their respective spouses, regardless of where they reside) and members of the households, whether or not related, of each of the above. The Contest is subject to all applicable federal, state and local laws.
2. HOW TO ENTER: The Contest will commence on Friday, February 1, 2013, upon posting of the Official Rules (the “Commencement Date”), and end on Thursday, February 28, 2013 at 11:59:59 p.m. Eastern Standard Time (“EST”) (the “Promotional Period”). The Promotional Period will be divided into four (4) entry periods (each, an “Entry Period”) as follows:
the first Entry Period shall begin on the Commencement Date and end at 11:59:59 p.m. EST on Friday, February 8, 2013;
the second Entry Period shall begin at 12:00:00 a.m. PST on Saturday, February 9, 2013 and end at 11:59:59 p.m. EST on Friday, February 15, 2013;
the third Entry Period shall begin at 12:00:00 a.m. PST on Saturday, February 16, 2013 and end at 11:59:59 p.m. EST on Friday, February 22, 2013; and
the fourth Entry Period shall begin at 12:00:00 a.m. PST on Saturday, February 23, 2013 and end at 11:59:59 p.m. EST on Thursday, February 28, 2013.
To enter, submit a photograph of yourself in your Philadelphia 76ers gear taken at a historical Philadelphia landmark (your “Photo Submission”) and either (i) post to Instagram and tag it with #xoxo76ers or (ii) submit it electronically on www.sixers.com/xoxo76ers. If submitting online, you must supply a valid email address to participate. If the email address supplied is not valid, your entry will be void. Enter as often as you like, but entries generated by script, macro or other automated means and entries generated by any other means which subvert the entry process will be void. Sponsor’s computer shall be the official timekeeper for all matters related to this Contest.
Your Photo Submission must be taken by you, true and verifiable. Photo Submissions containing any person other than the entrant will be void. Professional photographs and photographs with watermarks are not eligible. All Photo Submissions become the property of Sponsor, and will not be acknowledged or returned. By entering the Contest, entrants grant Sponsor the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Photo Submission and to incorporate the Photo Submission in other works in any and all markets and media worldwide in perpetuity. Entrants warrant that they have the sole and exclusive right to grant such rights to Sponsor and that the Sponsor’s reproduction, publishing, displaying, and/or other use of the Photo Submissions will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. If any Photo Submissions contain material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any Photo Submissions do not comply with these Official Rules or meet Sponsor’s standards for any reason, as determined by Sponsor in its sole discretion, such Photo Submission (and the related entries) may be rejected as ineligible for consideration. Entries must comply with all applicable laws, rules, and regulations. Sponsor shall have no obligation to copy, publish, display, or otherwise exploit the Photo Submissions.
3. SELECTION: Entries must be received by the conclusion of each Entry Period to be eligible for the applicable drawing. One (1) potential winner will be selected from all eligible entries on or about each of the following dates (for an aggregate of four  potential winners): Saturday, February 9, 2013; Saturday, February 16, 2013; Saturday February 23, 2013; and Friday, March 1, 2013. Sponsor reserves the right to delay any of the selections. Potential winners will be determined by the Philadelphia 76ers staff who will select the Photo Submissions which, in their sole opinion, best demonstrate the unique and creative Philadelphia 76ers spirit of the entrant. All non-winning entries received during each Entry Period will automatically be entered into each subsequent Entry Period until the entry is selected as a winner or the promotional period ends. Each potential winner will be notified via email and/or telephone. Each potential winner must respond to email or voicemail notification within 48 hours, or he/she will forfeit the prize and, at Sponsor’s sole discretion, an alternate potential winner will be selected from all remaining eligible entries based on the criteria above. Each potential winner may be required to execute and return, prior to and as a condition of receiving a prize, an affidavit of eligibility and liability release and, except where prohibited by law, a publicity release (the “Contest Documents”). Each potential winner must return such Contest Documents within two (2) days of date of issuance. Failure to comply with these Official Rules will cause prize to be forfeited and, at Sponsor’s sole discretion, awarded to an alternate potential winner. If (i) potential winner does not respond to prize notification within the timeframe stated (ii) the prize notification is returned as undeliverable, (iii) potential winner declines his or her prize, (iv) potential winner fails to return the Contest Documents within the timeframe stated or (v) potential winner is unable to attend the event on the date specified, it will result in the disqualification of such potential winner and an alternate potential winner may be selected at Sponsor’s sole discretion.
4. DESCRIPTION OF PRIZES: Four (4) Prizes:
The winner from the first Entry Period will receive (i) a one (1) night weekend stay at the Hyatt at Penn’s Landing, including breakfast for two in Keating’s River Grill (expiration date: February 28, 2014) (stay is subject to hotel availability and blackout dates) and (ii) two (2) tickets to the Philadelphia 76ers vs. Golden State Warriors game taking place on Saturday, March 2, 2013, at the Wells Fargo Center in Philadelphia, PA (Approximate Retail Value [“ARV”]: $450).
The winner from the second Entry Period will receive (i) a one (1) night weekend stay in an Executive King Suite at the Courtyard Philadelphia Downtown including breakfast for two (expiration date: January 15, 2014) (stay is for a Friday, Saturday or Sunday night and subject to hotel availability and blackout dates) and (ii) two (2) tickets to the Philadelphia 76ers vs. Indiana Pacers game taking place on Saturday, March 16, 2013, at the Wells Fargo Center in Philadelphia, PA (ARV: $350).
The winner from the third Entry Period will receive (i) one (1) overnight stay at the Loews Hotel Philadelphia, including overnight parking and breakfast for two at the Solefood restaurant (expiration date: February 28, 2014) (stay is subject to hotel availability and blackout dates) and (ii) two (2) tickets to the Philadelphia 76ers vs. Charlotte Bobcats game taking place on Saturday, March 30, 2013, at the Wells Fargo Center in Philadelphia, PA (ARV: $750).
The winner from the fourth Entry Period will receive (i) a two (2) night stay in a corner one-bedroom suite at the Hotel Monaco Philadelphia (stay is subject to hotel availability and blackout dates), (ii) dinner for two at Red Owl Tavern (gratuity and drinks not included) (expiration date: February 28, 2014) and (iii) two (2) tickets to the Philadelphia 76ers vs. Cleveland Cavaliers game taking place on Sunday, April 14, 2013, at the Wells Fargo Center in Philadelphia, PA (ARV: $1,500).
The total ARV of all prizes is $3,050. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Tickets are subject to certain terms and conditions as specified thereon and by applicable issuer. Location of any seating is subject to availability and at Sponsor’s sole discretion. All costs and expenses not stated herein as being provided in connection with the redemption, receipt and/or use of the prizes are the responsibility of each winner, including, but not limited to, ground transportation, accommodations and meals, and all federal, state and local taxes. Sponsor will furnish an Internal Revenue Service Form 1099 to each winner for the total actual retail value of prize received for the tax year in which prize was won (if applicable). No extension of event dates will be granted, except at Sponsor’s sole discretion. All details of each prize will be determined by Sponsor in its sole discretion. Sponsor reserves the right to substitute a similar prize (or any component thereof) of comparable or greater retail value. Prizes cannot be transferred by winners or redeemed for cash and are valid only for the items detailed above, with no substitution of prizes by winners.
Sponsor shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of prize due to reasons beyond Sponsor’s control, and is not responsible or liable for any expenses incurred as a consequence thereof. Date and/or time of events are subject to change. Events are subject to cancellation. If winner chooses to attend the event with fewer guests than allowed, or no guests, the remaining elements of prize shall constitute full satisfaction of Sponsor’s prize obligation to winner and no additional compensation will be awarded. Limit one (1) prize per family or household.
5. ADDITIONAL TERMS: By entering, entrants agree to abide and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to this Contest. Entries will be declared made by the authorized account holder of the email address submitted at the time of entry and he/she must comply with these Official Rules. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, education, institution, etc.) responsible for assigning email addresses for the domain associated with the submitted email address. Released Parties (as defined below) are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, illegible, undelivered or garbled entries or email; or for entries not received due to lost, failed, delayed or interrupted connections, including Internet Service Provider (ISP), Web-server, network, cable, server, satellite, phone-line connections or miscommunications, or other electronic malfunctions, computer or telephone, hardware or software failures, malfunctions, or garbled or jumbled transmissions. Released Parties are not responsible for any other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the prize, the cancellation or postponement of any event, or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to entrants' or to any other person's computer related to or resulting from participating in this Contest or downloading materials from or use of the web site. Persons who tamper with or abuse any aspect of the Contest or website or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Sponsor reserves the right, in its sole discretion, to cancel or suspend the Contest should virus, bugs, unauthorized human intervention, or other causes, in Sponsor’s sole opinion, corrupt or impair the administration, security, fairness or proper operation or play of the Contest, and, in the event of termination, select the winner from all non-suspect, eligible entries received prior to action taken. All entries and any copyrights become the property of Sponsor and will not be returned. CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
6. WINNER’S LIST: For the names of the winners (available after March 1, 2013), send a self-addressed envelope to: #XoXo 76ers Photo Contest c/o Philadelphia 76ers, 3601 S. Broad Street, Philadelphia, PA 19148 to be received prior to May 31, 2013.
7. PUBLICITY: Each entrant acknowledges and agrees that, as a condition of entering the Contest, if legally permissible, Sponsor, the National Basketball Association and its member teams and NBA Properties, Inc. and each of their respective designees have the right to use entrant’s name, likeness, photograph, voice, city and state of residence and submissions (including, without limitation, the Photo Submissions) and prize information for advertising and promotional purposes in any and all media now known or hereafter devised, worldwide in perpetuity, without further compensation, authorization, remuneration or notification.
8. TAXES: All applicable local, state and federal taxes are the sole responsibility of each winner.
9. LIABILITY: Entrants, by participating, agree that Sponsor, the National Basketball Association and its member teams and NBA Properties, Inc. and their respective parents, subsidiaries and affiliates and advertising and promotion agencies and all of their respective agents, employees, directors and officers (collectively, “Released Parties”), will have no liability whatsoever for and shall be held harmless by entrants against, any injuries, losses or damages of any kind, including death, to persons, or property incurred in connection with or resulting, in whole or in part, directly or indirectly from acceptance, possession or use/misuse of any prize (including any travel or activity related thereto) and/or participating in this Contest.
10. DISPUTES: The CONTEST is governed by, and will be construed in accordance with, the laws of the COMMONWEALTH of PENNSYLVANIA, and the forum and venue for any dispute shall be in PHILADELPHIA, PENNSYLVANIA. 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 JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (“JAMS Rules”). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in PENNSYLVANIA. All proceedings brought pursuant to this SECTION will be conducted in the County of PHILADELPHIA. 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, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. Any and all disputes, claims and causes of action arising out of or connected with the contest, or any prize awarded, will be resolved individually, without resort to any form of class action.
11. The decisions of Sponsor will be final and binding in all matters pertaining to the Contest. Sponsor reserves the right to correct any and all printing, typographical or mechanical errors.
12. SPONSOR: Philadelphia 76ers, L.P., 3601 S. Broad Street, Philadelphia, PA 19148.