EXPRESS NBA GAME CHANGERS TICKET SWEEPSTAKES OFFICIAL RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN ONLY TO INDIVIDUALS RESIDING IN THE UNITED STATES THAT ARE AT LEAST 18 YEARS OF AGE AS OF THE DATE OF ENTRY. VOID WHERE PROHIBITED OR OTHERWISE RESTRICTED BY LAW.
1. SWEEPSTAKES AND ELIGIBILITY: The Express NBA Game Changers Ticket Sweepstakes (the “Sweepstakes”) begins at 12:00 p.m. Eastern Time (“ET”) on February 15, 2019 and ends at 7:00 p.m. ET on February 15, 2019 ("Promotion Period"). Open only to legal residents of the 50 United States and the District of Columbia that are at least 21 years old or the age of majority in their state of residence, as of the date of entry. Employees of Express LLC (“Sponsor”), and its affiliates, advertising agencies, public relations agencies, prize suppliers, including any vendors providing services in connection with this Sweepstakes (“Sponsor Affiliates”), NBA Properties, Inc. (“NBAP”), NBA Media Ventures, LLC (“NBAMV”), the National Basketball Association (“NBA”) and its members teams, NBA TV, LLC (“NBATV”) (NBAMV, NBATV and NBAP collectively referred to as the “NBA Entities”), and each of the foregoing’s agents, directors, officers (including members of their immediate families – i.e., spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren – or same household) of Sponsor or any Sponsor Affiliates are not eligible to participate. By entering the Sweepstakes, entrants are bound by and agree to these Official Rules and the decisions of Sponsor. Any entry may be disqualified at any time if, in the opinion of Sponsor, the entry does not comply with these Official Rules. Incomplete entries are void. Any individual who attempts or encourages, directly or indirectly, or realizes the entry of multiple or false contact information under multiple identities, or uses any robotic, automatic, mechanical or programmed device or artifice to enter or encourage, directly or indirectly, multiple or false entries, as determined by Sponsor, will be disqualified. This Sweepstakes is subject to all applicable United States federal, state, and local laws. Void where prohibited or otherwise restricted by law.
2. HOW TO ENTER: You may enter the Sweepstakes by submitting a Complete Entry (as defined below) through Twitter or Instagram Feed (“Sweepstakes Entry”) consisting of an image or video taken at the Express Dress Like a Pro Shop at the Epicentre in Charlotte, North Carolina (the “Site”). You cannot simply “tag” an existing image or video. The Site will be closed to the general public at 5 p.m. ET but you may enter by submitting Content taken outside in front of the Site. You may enter multiple times during the Promotion Period but you may only win once. To be eligible, the Sweepstakes Entry must comply with all the following:
(a) Any photograph, image, video, materials and/or text you submit in connection with this Sweepstakes (the “Content”) must be your own original creation and must not have been previously published or submitted in connection with any other contest or sweepstake. Your Content must not infringe any third-party rights, including but not limited to right of publicity, copyrights, trade secrets, or other intellectual property rights.
(b) Your Content must not reference or contain any third party trademarks or logos or contain any advertisements, “spam” content, or references to other offers or websites.
(c) Your Content must not be obscene, pornographic, disparaging, defamatory, violate any laws or otherwise contain images and/or text which Sponsor in its sole discretion decides is inappropriate or objectionable.
(d) Your Content must include the following tags: #GameChangers and #ExpressSweepstakes and @expressmen (“Complete Entry”). To participate in the Sweepstakes, you must have an account with Twitter or Instagram. If you do not have an account with Twitter or Instagram, go to their websites (twitter.com or instragram.com) and create an account according to the instructions on the website. Creating an account is free. Please note that you must accept and agree to comply with the terms and conditions for Twitter or Instagram in order to create an account.
3. SELECTION AND NOTIFICATION OF WINNING ENTRIES: The winners will be selected via a random drawing on February 15, 2019 sometime between the hours of 7:01 pm ET and 9:59 pm ET from all eligible entries received during the Promotion Period. The drawing will be conducted by Sponsor or its designee and whose decisions shall be final and binding. Odds of winning a prize depends on the number of eligible entries received. The winners will be notified via direct message through their Instagram or Twitter account. In the event of a dispute as to the identity of an entrant, entry will be declared made by the authorized account holder of the applicable Twitter or Instagram account. "Authorized account holder" is defined as the natural person who is assigned to that account by Twitter or Instagram.
4. PRIZES: There will be ten (10) winners selected. Each winner will receive two (2) tickets to a 2018-2019 NBA regular season game between March 1st, 2019 - April 10th, 2019 (Maximum Approximate Retail Value (“ARV”) $500). Total Maximum ARV of all prizes: $5,000. Each winner will submit the three (3) games that he/she would prefer to attend (“Preferred Games”). Exact game date and seat locations at the game shall be determined in the sole discretion of Sponsor. Sponsor cannot guarantee you will receive tickets to your Preferred Game and Sponsor may offer other game options at Sponsor’s sole discretion. NO TRAVEL IS PROVIDED and is each winner’s sole responsibility. Approximate retail value of Prize is as of the printing dates of these Official Rules and may vary based on the selected NBA market. There is not an approximate retail value and no substitution or transfer of prize permitted except as determined in Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize of equal or greater value. ALL PRIZES ARE AWARDED “AS IS” WITH ABSOLUTELY NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, FROM SPONSOR. TO THE FULLEST EXTENT PERMITTED BY LAW, SPONSOR DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES IN CONNECTION WITH THIS SWEEPSTAKES AND ANY PRIZE. Each winner is solely responsible for all applicable federal, state and local income taxes associated with the Prizes. Winners may be issued IRS Forms 1099 for the value of any prize accepted. If by reason of printing or other error, more prizes are claimed than the number of prizes set forth in these Official Rules, a random drawing will be held to award the advertised number of prizes in the relevant category. Under no circumstances will more than the advertised number of prizes be awarded. NBA games, events and exhibitions dates and times are determined in the sole discretion of the NBA Entities, and may be subject to change. The terms and conditions of the tickets awarded as part of the prize will govern in the event a legal game, event or exhibition, as defined by NBA, is not played or held, as applicable, due to weather conditions, an act of God, an act of terrorism, civil disturbance or any other reason. Each winner and his/her guest agree to comply with all applicable venue regulations in connection with the prize. Sponsor and NBA Entities reserve the right to remove or to deny entry to the winner and/or his/her guest(s) who engage(s) in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the game, event or exhibition. Sponsor and the NBA will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation or postponement of any NBA game, event or exhibition. NBA game, event and exhibition tickets awarded as prizes may not be resold or offered for resale or used for any commercial or promotional purpose whatsoever. Any such resale or commercial or promotional use may result in disqualification and prize forfeiture, and may invalidate the license granted by the game, event or exhibition ticket(s)
5. CONDITIONS OF PARTICIPATION: Sponsor may prohibit any entrant or potential entrant from participating in the Contest, if at the sole discretion of Sponsor, such person shows a disregard for these Official Rules, or acts (1) with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsor, NBA Entities, or Sponsor’s or an NBA Entities’ agents or representatives; or (2) in any other disruptive manner. The use of automated entry devices or any other conduct that impedes the integrity of the Contest is prohibited. Sponsor’s decisions as to all matters related to the Contest and selection of prize winner are final. Sponsor, NBA Entities, and each of their respective parent companies, subsidiaries and affiliates, are not responsible for late, lost, delayed, unclear, unintelligible, incomplete, misdirected, stolen, or ineligible entries, all of which will be disqualified, or for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the sender, or by any of the equipment or programming associated with or utilized in the Contest which may limit the ability to play or participate, or by any human error that may occur in the processing of the entries in the Contest. If for any reason, (including infection by computer virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the reasonable control of Sponsor and its parents, subsidiaries and affiliates, that corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Contest), the Contest is not capable of being conducted as described in these Official Rules, Sponsor shall have the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest, and/or to select the prize winner based on the Judging Criteria from among all eligible Submissions received prior to action taken, or as otherwise deemed fair and appropriate by Sponsor at its sole discretion. Sponsor shall have no further obligation to any participant in connection with the Contest. Sponsor reserves the right to prosecute any fraudulent entries to the fullest extent of the law. Sponsor and NBA Entities (a) make no warranty, guaranty or representation of any kind concerning the prize (or any portion thereof), and (b) disclaim any implied warranty.
6. PRIZE ACCEPTANCE: Potential winner(s) will be notified as provided in the “Selection and Notification of Winning Entries” section above and must respond within forty-eight (48) hours or, if longer, the timeframe requested by Sponsor. To claim any prize, Winner must submit the three (3) games that he/she would prefer to attend. In addition, Sponsor may, within its sole discretion, require winner(s) to complete, sign, and return Affidavit of Eligibility/Liability Release/Publicity Release forms, and other applicable documents, which may require a social security number, postmarked within three (3) days of the date on the notification. At Sponsor’s discretion, winners may be required to produce picture or some other form of proper identification to claim any prize. If a potential winner cannot be contacted, fails to timely claim the prize, is disqualified, fails to timely execute and return any required forms, or if the prize notification is returned as undeliverable, an alternate winner may be selected from other potential winner and/or by random draw from all remaining eligible entries.
7. PUBLICITY & MARKETING: Upon submission of the Content, and except where expressly restricted by the terms of Twitter and Instagram, you automatically grant to Sponsor and NBA Entities a worldwide, non-exclusive, royalty-free, irrevocable license to copy, publicly display, distribute, create derivative works from, and otherwise use the Content as well your name, image, likeness and biographical details, in all forms of media now known or later developed in connection with Sponsor’s business. You represent and warrant to Sponsor that you own all Content you submit and/or have the unencumbered legal right to submit, and grant the above-referenced license, in connection with this Sweepstakes. You further represent to Sponsor that the Content is a Complete Entry as set forth in Section 2, above.
8. RELEASE & INDEMNIFICATION: Neither Sponsor, Sponsor Affiliates, nor NBA Entities are responsible for, and entrants release each from, any failures of any kind (whether caused by computer, technical, or human error) which may either limit the entrant’s ability to submit an entry, claim a prize, or otherwise participate in this Sweepstakes, or Sponsor’s ability to include all eligible entries, conduct random drawings, notify potential winner, or otherwise execute this Sweepstakes in the manner intended. By entering the Sweepstakes, you agree to release, defend, hold harmless and indemnify, Sponsor, Sponsor Affiliates, NBA Entities, and each of their respective parents, subsidiaries, affiliates, and their respective contractors, directors, officers, employees and agents against any and all liability, damages or causes of action (however named or described), with respect to or arising out of any such failure, a well as (i) any damage to entrant’s computer relating to or resulting from entering or downloading materials or software in connection with entering this Sweepstakes; or (ii) any injuries, losses, or damages of any kind caused by the acceptance, possession, use or misuse of a prize awarded in the Sweepstakes, including but not limited to any claims for damage to property, personal injury, death or claims based on defamation, rights of privacy, rights of publicity or merchandise delivery. False or deceptive entries or acts will render the entrant ineligible. WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor and NBA Entities are not responsible for any printing or typographical errors in these Official Rules or any other materials associated with the Sweepstakes. Entrants enter at their own risk and each winner assumes all liability for any injury or damage caused or claimed to be caused by participation in this promotion or use or redemption of the prize. Sponsor and NBA Entities are not responsible for and shall not be liable for any condition caused by events beyond their control that may cause the Sweepstakes to be disrupted or corrupted.
9. DISPUTES: This promotion is intended for participation in the United States only and shall be construed only according to Ohio’s law. Except where prohibited by law, as a condition of participating in this Giveaway, entrant agrees that (1) any and all disputes, claims and causes of action arising out of or connected with this Giveaway, or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively in a federal or state court located in Ohio; entrant submits to sole and exclusive personal jurisdiction to said courts in the State of Ohio, for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (2) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Giveaway 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 punitive, incidental and consequential damages, or any other damages, other than entrant's actual out-of-pocket expenses (i.e., costs associated with entering this Giveaway), and entrant further waives all rights to have damages multiplied or increased. Except where prohibited by law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with this Giveaway shall be governed by, and construed in accordance with, the laws of the State of Ohio, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of Ohio, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Ohio.
10. NO AFFILIATION WITH SOCIAL MEDIA PLATFORM: This Sweepstakes is in no way sponsored, endorsed, administered by or associated with Instagram or Twitter. Any questions, comments or complaints regarding the Sweepstakes should be directed to Sponsor, not to Instagram or Twitter.
11. WINNER: For the names of the winners, send a separate self-addressed, stamped envelope to: Express NBA Game Changers Ticket Sweepstakes, c/o Marketing, 1 Express Drive, Columbus, OH 43230. Request must be received before March 15, 2019.
12. SPONSOR: Express, LLC, 1 Express Drive, Columbus, OH 43230. This Contest is not sponsored, administered, executed or produced by the NBA.