TERMS AND CONDITIONS
NBA VIRTUAL ALL ACCESS MIAMI 2021 PRIZE DRAW
Draw and Promoter
1.1. This NBA Virtual All-Access Miami 2021 Prize Draw is a free prize draw in which eligible entrants comment on the photograph caption competition posts (the "Posts") tagged with #2021NBACaption shared by the end of the Draw Period (the "Quiz") for a chance to win the Prize (defined below) (the "Draw"). The Draw is random, and the chance of winning will depend on the number of eligible entrants. There is no purchase necessary.
1.2. By entering this Draw and in consideration for the opportunity to win the prize associated with the Draw, each entrant agrees to be bound by and observe these terms and conditions. Information on how to enter and prize details form part of these terms and conditions.
1.3. The promoter of the Draw is DAZN Media Channels Ltd. of Hanover House, Plane Tree Crescent, Feltham, TW13 7BZ, United Kingdom (the "Promoter").
Who may enter
2.1. Subject to paragraphs 2.2 and 2.3, entry into the Draw is open solely to all permanent residents of Canada (excluding Quebec) who are of the legal age of majority in their province or territory of residence at the date of entry.
The officers, management and employees (and immediate family members of officers, management and employees) of the Promoter are not eligible to enter the Draw.
Employees of NBA Properties, Inc., the National Basketball Association (the "NBA"), the NBA member teams, NBA Asia, Limited and NBA Media Ventures, LLC (collectively, the "NBA Entities") including affiliates, agents and immediate family members and/or those living in the same household of each of the aforementioned, are not eligible to enter or win the Draw.
2.4. No purchase or other payment is necessary to enter the Draw.
Draw Period
The Draw commences on April 2nd, 2021 and closes on April 14th, 2021 (the "Draw Period").
How to enter the Draw & how to win the Prize
To enter, eligible entrants must accept these terms and conditions by posting a caption on the Posts shared by the official social media accounts of the NBA Entities and the Promoter using #2021NBACaption. Two eligible entrants will be chosen at random by an independent third party (to be determined) who will be the winners (each a "winner" or "prize winner").
Notification of prize winner
5.1 The prize winner will be notified through the social media account they entered the Draw using on April 15th, 2021.
5.2 The prize winner must accept the prize by email confirmation, and if no such confirmation is received within 7 days of the notification, the Promoter may re-run the prize draw to select a replacement prize winner.
Prize details
6.1 The prize is a selection of NBA backpacks, hats, socks, accessories, including jerseys, t-shirts, jerseys from an NBA team and a virtual meet and greet with an NBA player (approximate retail value of $TBA).
6.2 The prize winner agrees that the Released Parties (defined in paragraph 7.1 below) and their designees and assigns may use the winner's name, voice, city/state of residence, photos, video or film clips, and/or other visual likenesses for advertising and/or trade purposes and/or for any other purpose in any media or format now or hereafter known without further compensation (financial or otherwise), permission or notification.
6.3 Before the prize is awarded, the winner may be required to correctly answer a math skill-testing question (where this is required by law in the winner's province or territory) and must sign an agreement consenting to the use of their image, name, entry and/or voice in any media for an unlimited period of time without remuneration for the purpose of promoting this Draw (including any outcome) and/or promoting any products manufactured, distributed and/or supplied by the Promotor and Sponsor.
Further Draw Conditions
7.1 None of the Promoter, the NBA or the NBA Entitles (together, the "Released Parties") accept any responsibility for any variation in the value of the prize. In the event that any element of a prize is not available, the Promoter reserves the right to substitute a prize of equal or greater value, subject to written directions from relevant regulatory bodies.
7.2 The Prize is not transferable or exchangeable. Prizes are not redeemable or exchangeable for cash and can only be taken as offered, except by NBA Entities as sponsor of the Draw, at its sole discretion, due to prize unavailability, and then prize may be substituted for one of comparable or similar value. Particular prizes may be subject to change. Participants and winners are solely responsible for all applicable taxes and all other expenses not specified herein.
7.3 Each prize winner acknowledges that their prize may be subject to additional terms and conditions imposed by third-party suppliers which will be provided to each prize winner. By accepting their prize, the prize winner will be deemed to have accepted any such additional terms and conditions in full.
7.4 The Released Parties do not accept responsibility and are not liable for any additional conditions imposed by a third party as referred to in paragraph 7.3
7.5 If for any reason a prize winner does not accept:
· an element of the prize;
· any part of these terms and conditions relevant to that element; or
· any additional terms and conditions stipulated by any third party prize suppliers relevant to that element,
that element of the prize will be forfeited. Cash will not be awarded in lieu of any element of any prize under any circumstances.
7.6 All eligible entrants agree to provide the Promoter or the Promoter's authorized agent with identification and proof of eligibility if selected as a prize winner. The required form of identification and proof of eligibility are at the discretion of the Promoter (acting reasonably).
7.7 All eligible entrants will be responsible to comply with the applicable laws in Argentina pertaining to entry into and participating in the Draw.
Unclaimed prizes
In the event of any prize not being accepted or claimed, the winner of that individual prize will be deemed invalid and the Promoter reserves the right to choose the next eligible entrant by random draw to receive the unclaimed prize.
Limitation of liability
9.1 To the fullest extent permitted by law, the Released Parties and each of their respective parent companies, subsidiaries, affiliates, officers, directors, employees, governors, owners, distributors, retailers, agents, assignees, advertising/promotion agencies, representatives, and agents shall have no liability and will be released and held harmless from any claim, action, liability, loss, injury or damage, including, without limitation, personal injury or death to winner or any third party or damage to personal or real property due in whole or in part, directly or indirectly, by any reason,. The Released Parties also expressly exclude any liability for any loss or damage which may be incurred by you as a result of your breach of these terms and conditions.
9.2 Except as otherwise required by applicable law, the Released Parties accept no responsibility or liability for any entry or claim which for technical or other reasons is unsuccessful, ineligible, late or incomplete.
9.3 Nothing in these terms and conditions excludes or limits Promoter's liability for: (i) death or personal injury arising from the Promoter's negligence; (ii) fraud or fraudulent misrepresentation; (iii) or any other liability which may not be excluded or limited by applicable law, and nothing in these terms and conditions limits, excludes or modifies any statutory right or guarantee provided by applicable law or state law.
Privacy
10.1 By entering the Draw, the entrant understands and agrees that the Promoter and its agents may use and disclose the entrant's personal information to assist in administering and managing the Draw and prizes (where applicable) and communicating with the entrant in regard to special offers from the Promoter and its related entities. Entrants in the Draw acknowledge that the Promoter may share an entrant's personal information with the Promoter foreign-related entities and the NBA Entities which may contact the entrant with marketing messages and special offers. Without limiting the foregoing, the Promoter may disclose the prize winner's personal information to third parties for the purpose of fulfilling the prize. If an entrant elects to receive information from other third parties, the Promoter and the NBA Entities may also disclose the entrant's personal information for that purpose. Entrants may find out more information about how the Promoter collects, uses and discloses personal information by reading the Promoter's Privacy Policy, which is available at https://global.nba.com/privacy-policy/. Entrants may access the personal information the Promoter holds about them by writing to the Promoter at the address set out below. If the Promoter limits or denies an entrant access to their personal information in certain circumstances, the Promoter will tell the entrant why access was limited or denied. The entrant can contact the Promoter by writing to the Promoter at [email protected].
By participating in the Draw, the entrant grants unqualified, explicit and unambiguous consent to the Promoter to store, process, deal, use, transfer the entrant's personal information as disclosed to the Promoter in accordance with the Promoter's Privacy Policy.
General
11.1 Any decision of the Promoter in respect of the Draw, is final and binding and no correspondence will be entered into. The Promoter reserves the right to withdraw, alter or suspend the Draw or these terms and conditions at any time if circumstances beyond its control make this unavoidable.
11.2 The prizes remain the property of the Promoter until delivered to the prize winners.
11.3 The Released Parties shall bear no liability if for any reason the Draw is not capable of running as planned, including due to infection by computer virus, bugs, tampering, technical failures or any causes beyond the Promoter's control which corrupt or affect the fairness or integrity or proper conduct of the Draw. The Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process and to cancel, modify, terminate or suspend the Draw, subject to written directions from relevant regulatory bodies.
11.4 The Promoter reserves the right at any time and its sole discretion to: (i) verify the eligibility of any entrant and/or a prize winner's guest (including their age and place of residence); (ii) disqualify any entrant who conspires with others to gain an unfair advantage or who is otherwise involved in manipulating, interfering or tampering with the entry process or any other element of the Draw or who the Promoter reasonably believes to have acted in breach of these terms and conditions.
11.5 The prize winner is advised that tax implications may arise from the prize and should seek independent financial and taxation advice prior to acceptance of the prize. Each prize winner shall responsible for all applicable taxes.
11.6 It is the entrant's responsibility to inform the Promoter of any changes to their contact details, including their residential address, e-mail address or daytime telephone number.
11.7 This Draw, these terms and conditions, and any dispute arising out of or in connection with them, shall be governed by and construed in accordance with the laws of New York USA. Each entrant irrevocably agrees that the courts of the State of New York shall have exclusive jurisdiction to adjudicate any dispute or claim that arises out of or in relation to the Draw or these terms and conditions.
