OFFICIAL RULES AND REGULATIONS
NO PURCHASE IS NECESSARY TO ENTER OR CLAIM A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
BY SUBMITTING AN ENTRY, YOU AGREE AND ACKNOWLEDGE THAT YOUR ENTRY, NAME AND/OR USERNAME MAY BE SHOWN ON AIR AND/OR ONLINE.
ENTRY VIA INSTAGRAM ONLY. INTERNET CONNECTION AND INSTAGRAM ACCOUNT REQUIRED. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY OR ASSOCIATED WITH INSTAGRAM OR THE NATIONAL BASKETBALL ASSOCIATION.
1. ELIGIBILITY: The Tissot Style Watch Contest (“Promotion”) is open to all legal residents of the 48 contiguous United States and the District of Columbia, age 18 years or older and the age of majority in your state at the time of entry. Employees, officers, directors, agents and shareholders (and their immediate families (spouse, parent, child, sibling and their respective spouses) and household members (whether or not related)) of Turner Digital Basketball Services, Inc. (the “Sponsor”), NBA.com, Tissot Division of The Swatch Group (U.S.) Inc., and any of their respective parents, subsidiaries, divisions, trustees, agents, sponsors, franchisees, participating vendors, distributors, advertising and promotion agencies and affiliated entities (collectively, with the Sponsor, the “Promotion Entities”) are not eligible to enter or win the Promotion. Void wherever prohibited by law. This Promotion is in no way sponsored, endorsed, or administered by or associated with Instagram or the National Basketball Association. By entering the Promotion you are an entrant (“Entrant”) and agree to accept and be bound by all terms of these Official Rules and Regulations (“Official Rules”).
2. PROMOTION PERIOD: From 12:00 am ET on April 27, 2017 to 11:59 pm ET on April 30, 2017 (the “Promotion Period”), Sponsor will conduct this national Promotion encouraging participants to enter for a chance to win the grand prize. To be eligible, entries must be received no later than 11:59 pm ET on April 30, 2017.
3. HOW TO ENTER: To participate and enter this Promotion, you will need an Instagram account. Creating an Instagram account is free at www.instagram.com. During the Promotion Period, Sponsor will post a picture on its Instagram account @NBATV with instructions to entrants.
To enter, you must: i. post a photo or video of your best re-creation of Sponsor’s picture, following Sponsor’s instructions;
- include the hashtags #ThisIsYourTime and #contest; and
- mention @NBATV
(collectively, an “Entry”).
All Entries must be received by 11:59 pm ET on April 30, 2017 to be eligible. Follow @NBATV so you can receive a Direct Message if your Entry is selected. Sponsor may show one or more Entry and the name and/or handle of the Entrant during Sponsor’s Facebook Live event stream on Sponsor’s Facebook page at www.facebook.com/nbatv on or about May 1, 2017.
By submitting an Entry, you acknowledge and agree that Sponsor may obtain many entries in connection with this Promotion and/or other promotions staged and/or promoted by the Sponsor, and that such entries may be similar or identical in theme, idea, format or other respects to other entries submitted in connection with this Promotion and/or other promotions sponsored by the Sponsor or submitted for other reasons or other materials developed by the Sponsor. You waive any and all claims you may have had, may have, and/or may have in the future, that any Entry and/or other works accepted, reviewed and/or used by you may be similar to your Entry, or that any compensation is due to you in connection with such Entry or other works used by Sponsor or any third party. SPONSOR RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO REMOVE ANY ENTRY POSTED TO THE WEBSITE THAT THE SPONSOR FEELS IS INAPPROPRIATE, OBJECTIONABLE AND/OR INCONSISTENT WITH THE POSITIVE IMAGE AND/OR GOOD WILL IT WISHES TO PROMOTE IN THIS PROMOTION.
ENTRY REQUIREMENTS: An Entry may not contain, and Sponsor, in its sole discretion, may disqualify and/or remove any Entry that contains, any content that:
• is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
• promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear illegal, unsafe or dangerous; promotes any particular political agenda or message;
• is obscene or offensive;
• endorses any form of hate or hate group;
• defames or misrepresents Sponsor, its advertisers, or any other people or companies;
• contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by third parties;
• contains any third person’s personal information, such as personal names or e-mail addresses;
• contains materials owned by third parties [“with the exception of the Sponsor Material”];
• contains materials embodying the names, likenesses, voices, or performances identifying any celebrities and/or other public or private figures, living or dead or the names, likenesses, voices, or performances of any individual other than entrant without permission as required under these Official Rules;
• communicates messages or images inconsistent with Sponsor’s reputation, image and/or goodwill;
• violates any law or regulation; or
• is otherwise inappropriate, objectionable, or unsuitable for the uses contemplated in these Official Rules, as determined by Sponsor in its sole discretion.
An Entry must be the original work of the Entrant (i.e., you), may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Entry contains any material or elements that are not owned by the Entrant, and/or which are subject to the rights of third parties, the Entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Promotional Entities and their respective designees in the manner set forth in these Official Rules.
By submitting an Entry, you agree to grant Promotional Entities and their respective designees the right (but not the obligation) to use your name, biographical information, photograph, image and/or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity, without compensation (except to the extent prohibited by law) or additional consents and without prior notice, approval or inspection, and to execute specific written consent to such use if asked to do so. In addition, if any other persons appear as part of the Entry, you agree that prior to submitting your Entry, you obtained the written consent of each such individual who appears (and their parent or legal guardian, if such person is a minor), granting Promotional Entities and their respective designees the use of each such individual’s name, biographical information, voice, performance, photograph/video, image and/or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity, without compensation (except to the extent prohibited by law) or additional consents and without prior notice, approval or inspection, and to execute specific written consent to such use if asked to do so; provided, however, the foregoing shall not be interpreted as Sponsor permitting the inclusion of any other individual or third-party in an Entry if the same is otherwise prohibited in these Official Rules. Sponsor reserves the right to request proof of any such permissions (if applicable) in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof, if requested, may result in disqualification, at Sponsor’s sole discretion.
4. WINNERSELECTION: A panel of judges will select one (1) winner (“Winner”) to receive the Grand Prize from the eligible Entries received during the Promotion Period. Eligible Entries will be judged based on the following criteria: accuracy of the re-creation, presentation and creativity. Sponsor will notify potential winners via direct message on Instagram on or around May 5, 2017. If you are not following @NBATV, Sponsor may not be able to contact you and you will forfeit the Grand Prize.
5. WINNER NOTIFICATION/REQUIREMENTS: Potential winners will be notified by direct message from Sponsor via Instagram. Potential winners must follow the instructions provided as part of the notification, which may include providing an email address, telephone number, user name, and/or other means of verification. Sponsor will attempt to contact a potential winner twice. If a potential winner (i) cannot be reached directly, (ii) does not respond to Sponsor within twenty-four (24) hours of the first notification attempt, (iii) is found ineligible, (iv) declines the Grand Prize, or (iv) fails to comply with these Official Rules, such person may be disqualified and a runner-up winner may be notified in the sole discretion of Sponsor. Potential winners must meet all eligibility requirements including the timely execution and return of all necessary releases and documents (if any) required by Sponsor; noncompliance may result in disqualification and, in Sponsor’s discretion, an alternate winner may be selected. In the event of a dispute, an Entry will be declared made by the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. In the event a dispute regarding the identity of an Entrant cannot be resolved to Sponsor’s satisfaction, the Entry at issue will be deemed ineligible. The decision of the Sponsor will be final and binding in all matters.
6. GRANDPRIZE: The Grand Prize Winner will receive a two day, one night trip on June 3, 2017, for the Grand Prize Winner and one guest, subject to restrictions below (“Travel Companion”), to a location to be announced later, which will include the following: (a) two (2) round-trip, coach class air transportation for the Winner and Travel Companion from the major U.S. gateway airport nearest the Winner’s residence to an airport in the area of the game venue; (b) standard hotel accommodations for one (1) night at a hotel chosen by Sponsor; (c) an American Express gift card valued at Five Hundred Dollars ($500.00) for ground transportation and other expenses; (d) two (2) tickets to Game 3 of the NBA Finals; and (e) one (1) Tissot PRS 516 Quartz Chronograph watch ($625.00).
TOTAL APPROXIMATE RETAIL VALUE (ARV): Three Thousand Six Hundred Twenty-Five Dollars ($3,625.00 US).
Travel Companion must be either: (a) 18 or older and the age of majority in his or her state of residence, or, (b) if Travel Companion is a minor, the Grand Prize Winner must be the parent or legal guardian of such minor Travel Companion; provided Winner can provide Sponsor with necessary documentation thereof. The Winner is responsible for all costs and expenses not expressly provided for herein, including luggage fees, travel, accommodations, additional ground transportation, tours, excursions, meals, incidentals, tips, telephone calls, souvenirs, hotel charges, other services or personal expenses incurred during the trip. All travel arrangements must be made through Sponsor’s agent on a carrier of Sponsor’s choice. Dates are subject to availability and certain black-out dates and other travel restrictions may apply. Grand Prize Winner and Travel Companion must depart from the same airport and travel on the same itinerary. Trip must be taken on June 3, 2017 or Grand Prize may be forfeited. Sponsor shall have no responsibility or liability for any travel related delays or cancellations. Once issued, tickets are nontransferable and may not be reissued once travel has commenced. Air travel and lodging will be at the risk of the Grand Prize Winner and adult Travel Companions on their own behalf or on behalf of the minor Travel Companion, as applicable. Grand Prize Winner and adult Travel Companions are solely responsible for their own conduct or that of the minor Travel Companions while accepting and using the Grand Prize and agree to comply with all applicable laws and regulations pertaining to use and enjoyment of the Grand Prize. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. It is the sole responsibility of the Grand Prize Winner and adult Travel Companions to have valid travel documentation (e.g., valid photo ID, etc.) and any necessary health or other insurance prior to travel for themselves and the minor Travel Companion, if applicable. It is the sole responsibility of the Grand Prize Winner and/or Travel Companion to ensure that neither has any health or medical condition which could adversely affect any of them at any time during the use and enjoyment of the Grand Prize. Grand Prize Winner may be required to present a valid credit card upon check-in at the hotel to cover incidentals that are not included in the Grand Prize.
No substitution or transfer of prizes or cash redemptions permitted by the Grand Prize Winner. Sponsor reserves the right to substitute for any reason whatsoever, a prize (or portion thereof) of comparable or greater value, in Sponsor’s sole discretion. Prizes are awarded “as is” with no warranty or guarantee, either expressed or implied by the Promotion Entities. Gift cards are subject to the redemption policy and other terms and conditions of the issuer. In the event Sponsor is unable to provide any element or portion of the Grand Prize, no compensation or substitution will be provided in lieu thereof; however, remainder of Grand Prize package will be awarded and Sponsor will have no further obligation to Grand Prize Winner. Any difference between actual value of Grand Prize and stated ARV will not be awarded. All prize details are at Sponsor’s sole discretion. The Grand Prize Winner is responsible for the reporting and payment of all taxes (if any) as well as any other costs and expenses associated with acceptance and use of Grand Prize not specified herein as being awarded.
7. GENERAL RULES AND REGULATIONS: By entering this Promotion, you consent to being contacted by Sponsor via Instagram. The Promotion Entities expressly disclaim any responsibility and entrants agree to indemnify and hold harmless the Promotion Entities from and against any and all claims, actions, demands and/or liability for injury, death, damage or loss whatsoever relating to or arising in connection with participation in this Promotion (regardless of the cause of such injury, damage or loss) and/or the delivery and/or subsequent use or misuse of any of the prizes awarded (including any travel or activity related thereto) and/or printing, distribution or production errors. Sponsor, in its sole discretion, reserves the right to disqualify and/or exclude any individual or entry from the Promotion for any reason or no reason at all.
Promotion Entities are not responsible for any changes to or unavailability of Instagram service that may interfere with the Promotion (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use Instagram for the Promotion as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor via Instagram, in which case Sponsor, in its sole discretion, may terminate or modify the Promotion. The Promotion Entities are not responsible for misdirected, incomplete, lost, late, illegible, undelivered, inaccurate or delayed entries, or for technical, hardware, or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions or other errors or problems which may limit or affect a person’s ability to participate in the Promotion, whether human, mechanical, typographical, printing, electronic, network or otherwise, relating to or in connection with the Promotion, including, without limitation, errors which may occur in connection with the administration of the Promotion, the processing of entries, the announcement of the Grand Prize or in any Promotion-related materials. In the event of sabotage, acts of God, terrorism or threats thereof, computer virus or other events or causes beyond the Sponsor’s control, which corrupt the integrity, administration, security or proper operation of the Promotion, Sponsor reserves the right, in its sole discretion, to disqualify Entrants and/or modify, cancel or suspend the Promotion. In the event of cancellation, Sponsor reserves the right to award prizes from among all eligible, non-suspect Entries received prior to the event requiring such cancellation. Entries generated by script, macro or other automated means will be void. False or deceptive entries or acts will render the entrant ineligible.
If you opt to enter the Promotion via your wireless mobile device (which may only be available through participating wireless carriers and is not required to enter the Promotion), standard text messaging and/or data rates may apply for each message sent or received according to the terms and conditions of your service agreement with your wireless carrier.
Sponsor has the right to conduct a background check of any and all records of the Potential Grand Prize Winner and potential Travel Companion, including without limitation, civil and criminal court and police records. Sponsor may take all steps necessary to corroborate any information provided to Sponsor by the potential Grand Prize Winner and potential Travel Companion and the Potential Winner and Travel Companion will be obligated to provide necessary information to assist Sponsor with the background check. If a potential Grand Prize Winner or potential Travel Companion has been convicted of a felony or misdemeanor, charged with or accused of engaging in any activities involving moral turpitude, harm to children, or any other activity that conflicts with Sponsor’s image, Sponsor has the right in its sole discretion to disqualify the individual from participating in the Promotion.
THE PROMOTION ENTITIES EXPRESSLY DISCLAIM ANY RESPONSIBILITY AND ENTRANTS AGREE TO INDEMNIFY AND HOLD HARMLESS THE PROMOTION ENTITIES AND INSTAGRAM FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS AND/OR LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO ANY PERSON OR PROPERTY WHATSOEVER RELATING TO OR ARISING IN CONNECTION WITH PARTICIPATION IN THIS PROMOTION (REGARDLESS OF THE CAUSE OF SUCH INJURY, DAMAGE OR LOSS) AND/OR THE DELIVERY AND/OR SUBSEQUENT USE OR MISUSE OF ANY OF THE GRAND PRIZE AWARDED (INCLUDING ANY TRAVEL OR ACTIVITY RELATED THERETO) AND/OR PRINTING, DISTRIBUTION OR PRODUCTION ERRORS. YOU ACKNOWLEDGE THAT NOTHING HEREIN SHALL CONSTITUTE AN EMPLOYMENT, JOINT VENTURE, OR PARTNERSHIP RELATIONSHIP BETWEEN YOU AND SPONSOR. IN NO WAY ARE YOU TO BE CONSTRUED AS THE AGENT OR TO BE ACTING AS THE AGENT OF SPONSOR.
CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION 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.
Governing Law: Any and all disputes, claims and controversies arising out of or in connection with the Promotion or any prize awarded shall be governed by and construed exclusively in accordance with the laws and decisions of the State of New York applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions.
Disputes/Arbitration: PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
The Promotion Entities and you agree that these Official Rules affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
If a dispute arises out of or relates to this contract, or the breach thereof, and if said dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”) before resorting to arbitration.
Any dispute arising out of or relating to this contract or the breach thereof, that cannot be resolved by mediation within 30 days shall be finally resolved by arbitration administered by the AAA under its AAA Rules, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction. The arbitration will be conducted in the English language in the City of New York, New York, in accordance with the United States Arbitration Act. There shall be a single arbitrator, named in accordance with such rules.
The Promotion Entities shall bear the cost of any arbitration filing fees and arbitration fees for claims of up to $75,000.00 unless the arbitrator finds the arbitration to be frivolous. You may choose to pursue your claim in small claims court where jurisdiction and venue over the Promotion Entities and you is proper, your claim otherwise qualifies for such small claims court, and where your claim does not include a request for any type of equitable relief.
Class Action Waiver: The Promotion Entities and you agree that Promotion Entities and you will resolve any disputes, claims or controversies on an individual basis, and that any claims brought under these Official Rules in connection with the Promotion or any prize awarded will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. The Promotion Entities and you further agree that the Promotion Entities and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Official Rules or in connection with the Promotion or any prize awarded.
If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in New York, New York.
The terms of this provision will also apply to any claims asserted by you against any present or future parent or affiliated company of the Promotion Entities to the extent that any such claims arise out of or in connection with the Promotion or any prize awarded.
9. OFFICIAL RULES OR WINNER LIST: For a copy of the Official Rules or the Winner List (available on or about May 15, 2017), send a self-addressed, stamped envelope to the following address by July 1, 2017 (Please specify “Official Rules” or “Winner”) – “Tissot Style Watch Contest,” 1050 Techwood Drive, NW, EXE 0304M, Atlanta, Georgia 30318.
10. SPONSOR: Turner Digital Basketball Services, Inc., 1050 Techwood Drive, NW, Atlanta, Georgia 30318.
© 2017 Turner Digital Basketball Services, Inc. A Time Warner Company. All Rights Reserved. All trademarks are the property of their respective owners.