PHILIPS LIGHTING NORTH AMERICA CORPORATION
PHILIPS HUE BEFORE THE LIGHT “BUZZER BEATER” CONTEST
NO PURCHASE NECESSARY TO ENTER OR TO WIN. VOID WHERE PROHIBITED.
A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. PARTICIPATION IN THE CONTEST CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE OFFICIAL RULES. Individuals who participate in the Contest or submit an entry are sometimes referred to herein as an “Entrant.”
- SPONSOR: Philips Lighting North America Corporation (“Sponsor”).
- CONTEST PERIOD: Contest begins at 7:30 PM Pacific Time (PT) on October 16, 2018 and ends at 10:00 PM PT on April 11, 2019 at 10:00 PM (the "Contest Period").
- ELIGIBILITY: The Contest is open only to individuals who are legal residents of California who are at least eighteen (18) years of age on the entry date, excluding individuals who: (a) reside within seventy-five (75) miles of Sacramento, California; or (b) reside within seventy-five (75) miles of Los Angeles, California. Notwithstanding the foregoing, any individual who is subject to exclusion (a) is eligible to participate if his or her permanent residence is geographically closer to Oakland, California than Sacramento, California. As used herein, the “Contest Area” means the area described in the foregoing two sentences within which legal residents are eligible to participate in the Contest. Employees, agents, officers, directors, members, managers, and owners of Sponsor, the National Basketball Association and its member teams, NBA Properties, Inc., and each of their respective parents, subsidiaries, affiliates, owners, members, directors, managers, officers, employees and their advertising agencies, promotional partners and prize providers associated with this Contest (collectively, the “Contest Entities” and each a “Contest Entity”), and their immediate families (spouse, domestic partner, parents, legal guardians, grandparents, grandchildren, siblings, children and “step” of each) and those individuals living in their same household are not eligible to enter or win.
- HOW TO ENTER: Entrants must complete and submit an entry form on www.warriors.com/beforethelight (the “Website”). Entries must be received by Sponsor during the Contest Period. During the Contest Period, visit the Website and follow the promotion entry instructions to complete and submit the entry form. Limit one (1) entry per person. Sponsor reserves the right to verify eligibility of all Entrants. Any person who attempts to participate with multiple email or street addresses, under multiple identities or uses any device or artifice to enter more than once will be automatically disqualified. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed to be submitted by the person in whose name the e-mail account is registered on the date the entry is submitted.
WINNER SELECTION & NOTIFICATION: During the Contest Period, for each shot taken by a Warriors player before the game clock of a quarter expires which shot does not go into the basket until after the clock expires and the buzzer sounds (a“buzzer beater shot”), one (1) Entrant who properly completes all necessary steps will be chosen at random by Sponsor or its designee as a potential Prize winner (“Potential Buzzer Beater Prize Winner”). The Potential Buzzer Beater Prize Winner will be selected and contacted no later than two (2) business days after said buzzer beating shot. The Potential Buzzer Beater Prize Winner will be contacted by email or phone (“Prize Notification”) and must redeem the Buzzer Beater Prize within one (1) week of such notification.
In addition, one (1) Entrant who properly completes all necessary steps will be chosen at random by Sponsor or its designee on or about April 11, 2018 as a potential grand prize winner (“Potential Grand Prize Winner”). The Potential Grand Prize Winner will be contacted by email or phone (“Grand Prize Notification”) and must redeem the Grand Prize within one (1) week of such notification.
To be confirmed as a buzzer beater prize winner or grand prize winner (each, a “Prize Winner”), a Potential Buzzer Beater Prize Winner or Potential Grand Prize Winner will be required to sign and return, within ten (10) days of notification attempt by Sponsor, an Affidavit of Eligibility, Liability and Publicity Release, including such person’s full name and street address (no P.O. Boxes) within the Contest Area, or the Prize will be forfeited and an alternate Entrant may be selected by Sponsor (and in such case this process will be repeated). It is the Entrant’s responsibility to ensure that the Sponsor has the correct information necessary for notification. Actual odds of winning any prize will depend on the number of entries received.
Additionally, in order to be confirmed Grand Prize Winners, Potential Grand Prize Winners must sign and return, within ten (10) days of notification attempt by Sponsor, an authorization and release that allows Sponsor to enter his/her property and take photographs, videos and testimonial statements concerning the Hue lighting home transformation (including, but not limited to, before and after photographs of the installation) for marketing and advertising purposes. Any Potential Grand Prize Winner who does not sign and return the requested authorization and release within ten (10) days of notification attempt automatically forfeits his/her prize, and a new Potential Grand Prize Winner will be chosen.
- PRIZES: Prize Winners selected before April 11, 2018 will receive the following (each, a “Prize”), as further specified and described on the Website:
The Buzzer Beater Prize Winner will receive:
- Philips Hue White and Color Ambiance A19 starter kit
- Approximate Retail Value (ARV) of such Prize: $200.00
The Grand Prize Winner will receive the following, as further specified and described on the Website:
- One (1) Hue lighting home transformation, which could include, but is not limited to: Philips Hue White and Color Ambiance A19 starter kit (ARV $199.99); One Philips Hue Lightstrip Plus (ARV $89.99); Philips Hue Go (ARV $79.99); Philips Hue Tap switch (ARV $49.99); Philips Hue dimmer switch (ARV $24.99); Philips Hue Bloom (ARV $59.99); Philips Hue White and Color Ambiance extension bulbs (ARV varies). Products selected are subject to availability.
- Approximate Retail Value (ARV) of the Grand Prize: $1,000.00
7. PRIZE RESTRICTIONS: No portion of the Prize may be transferred, redeemed for cash or substituted, except by Sponsor (in its sole discretion), which reserves the right to substitute any portion of the Prize with a prize of equal or greater value for any reason, including, without limitation, Prize unavailability. All expenses not specifically identified as included in the Prize are the sole responsibility of the Prize Winner. The Prize, and all elements thereof, are subject to availability. The Prize is 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). Acceptance, participation in and/or use of the Prize is at Prize Winner’s sole risk and Sponsor is not responsible for any damages whatsoever including special, indirect, or consequential damages, arising out of or in connection with the use and/or misuse of the Prize.
Prize Winners will be solely responsible for all federal, state and local taxes and fees and other expenses associated with their Prize receipt and/or use that are not expressly included in the Prize description. The Prize Winners may be issued a 1099 tax form for the ARV of the Prize. Failure to take or complete any portion of the Prize does not relieve the Prize Winners of their tax obligations associated with winning the Prize.
9. GENERAL CONDITIONS: This Contest is subject to all applicable federal, state and local laws. By participating, Entrants agree to be bound by these Official Rules and the decisions of Sponsor which are final and binding in all respects. Entrants waive any right to claim ambiguity in the Contest or these Official Rules. All Entrants agree to follow the Official Rules and release, discharge, hold harmless and indemnify the Contest Entities, GSW Sports LLC, Golden State Warriors, LLC, Anschutz Entertainment Group, Inc., AEG Management Oakland, LLC, the City of Oakland, the County of Alameda, the Oakland-Alameda County Coliseum Authority and all of their respective members, managers, equity holders, officers, directors, parents, subsidiaries, partners, agents, employees, successors and assigns each of them (collectively, the “Released Parties”) against any and all liability, damages or causes of action (however named or described), with respect to or arising out of any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any promotional-related activity or participation in this Contest. Entrants agree that the Contest Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guaranty, expressed or implied, in fact or in law, relating to a Prize. In consideration for being awarded a Prize, or any portion thereof, each Prize Winner hereby agrees and consents, without further authorization, compensation or remuneration of any kind, to the use of Prize Winner’s name and/or likeness in any and all advertising, promotions and other publicity conducted by Contest Entities, except where prohibited by law, and, upon request, to provide such consent in writing. Sponsor reserves the right to modify the scheduling of the Contest without prior notification, and the right to make changes or additions to these Official Rules for any reason at any time. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
By entering this Contest, the Entrant agrees to the following Statement:
I expressly understand that Section 1542 of the Civil Code of California provides substantially as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH DEBTOR." The provisions of this Section 1542 of the Civil Code of California and any similar law of any state, territory, or other jurisdiction are hereby expressly waived.
The Contest Entities are not responsible for late, lost, damaged, misdirected, incomplete, illegible, undeliverable, destroyed, and/or lost, late, misdirected, undeliverable or incomplete entries due to system errors or failures, or faulty transmissions and/or entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete or garbled computer or telephone transmissions, or for any problems or technical malfunction(s) of any telephone network or lines, computer online systems, servers or providers, computer equipment, or entries not received by Sponsor on account of technical problems or traffic congestion on computer networks, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participating in the Contest or downloading any material for the Contest, or other telecommunications malfunctions which may limit an entrant's ability to participate. Sponsor may prohibit an Entrant from participating in the Contest or winning the Prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Entrants or Sponsor representatives. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of the Contest is a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. If for any reason this Contest is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, then Sponsor reserves its right at its sole discretion to cancel, terminate, modify or suspend the Contest. Every online entry must be manually keystroked and entered by an individual Entrant. Automated submission of entries (including but not limited to entries made using any script, macro, bot or sweepstakes service) will be disqualified and transmissions from any related email or IP addresses may be blocked. Sponsor may reject any entry it believes is the result of fraud or was submitted in violation of the Official Rules. A “screen shot” is not evidence of winning a prize.
10. LIMITATION OF LIABILITY. To the FULLEST extent permitted by law, in no event will the RELEASED PARTIES be responsible or otherwise liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages related to the CONTEST, including any access to or use of the website or any downloading from or printing material from the website. Everything on the website is provided “as is” without warranty of any kind, either expressed or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow limitations or exclusions of liability for incidental or consequential damages or exclusion of implied warranties so some of the above limitations or exclusions may not apply. Winners agree that all prizes are provided “as is” without any warranty, representation, or guarantee, express or implied, in fact or in law, whether now known or hereinafter enacted, relative to the use or enjoyment of the prize, including, without limitation, its quality, merchantability, or fitness for a particular purpose. Further, no responsibilities are accepted for any additional expenses, omissions, delays, or re-routing resulting from any acts of any government or authority.
11. DISPUTES: Except where prohibited, as a condition of participating in this Contest, each Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate state or federal court located in San Francisco, California; (ii) any and all claims, judgments and awards on behalf of Entrant shall be limited to actual out-of-pocket costs incurred, if any, including costs associated with entering this Contest, but in no event attorneys’ fees, and in no event to exceed two hundred fifty dollars ($250); and (iii) 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; and (iv) this Contest and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of California without giving effect to its conflicts of law or choice of law principles or rules that would cause the application of any other state’s laws.
12. WINNER'S LIST/RULES: For a copy of the of the Official Rules visit www.warriors.com or send a legal-size, self-addressed, stamped envelope to: “Philips Lighting North America Corporation Hue Before the Light Buzzer Beater Contest” Official Rules, c/o Golden State Warriors, LLC, 1011 Broadway, Oakland, CA 94607. Vermont residents may omit return postage with Official Rules requests.
To find out who won, send a legal-size, self-addressed, stamped envelope to: Warriors “Philips Hue Before the Light Buzzer Beater Contest” Contest Winners, c/o Golden State Warriors, LLC, 1011 Broadway, Oakland, CA 94607. Requests must be received no later than three (3) months following the end of the Contest Period. Only one (1) request for either Official Rules of Contest Winners will be fulfilled for each separately mailed outer envelope.