“KLONDIKE LIBERTY 12th PLAYER” CONTEST
1. PERIOD: Contest begins at 12:00pm (noon) Eastern Time (“ET”) on August 12, 2013 and ends at 5:00pm ET on August 14, 2013 (the “Contest Period”).
2. ELIGIBILITY: Contest is open to legal U.S. residents of New York, New Jersey and Connecticut, at least 18 years old at time of entry, who reside within a 75-mile radius of Madison Square Garden. Contest is void outside the area stated herein and where prohibited by law. Directors, employees, and the immediate family (spouse, parent, sibling, children, grandparent or grandchildren and their respective spouses, regardless of where they reside) and/or household members, whether or not related, of individuals employed by, Conopco, Inc. d/b/a Unilever, MSG Holdings, L.P. (“MSG”) (together, “Sponsors”), The New York Liberty Basketball Club (the “Liberty”), the Woman’s National Basketball Association and its member teams, WNBA Enterprises, LLC (collectively, “WNBA Entities”), The Prudential Center, Prudential Financial, Inc., (together, “Prudential”), and all of their respective parents, subsidiaries, affiliates, directors, officers, employees, advertising and promotional agencies, are ineligible to participate. This Contest is in no way sponsored, endorsed or administered by, or associated with Twitter. By submitting an entry in this Contest, and except for information required independently by Twitter, you understand that you are providing your information to the Sponsors and not Twitter. The information you provide will only be used for Contest administration. Contest is subject to all applicable federal, state and local laws.
3. HOW TO ENTER: To be entered in the Contest entrants will visit the Liberty Twitter page (www.twitter.com/nyliberty), click on the icon to “follow” the Liberty on Twitter, then tweet your response to the question “What Would You Do for Libs Tickets?” using the hashtag #WWYD4Libs (collectively, the “Contest Submission”). Limit one (1) Contest Submission per person throughout the Contest Period. You can “unfollow” the Liberty Twitter Page at any time after completion of Contest.
Sponsors reserve the right to allow for minor deviations from the guidelines and restrictions set forth herein, based on clear intent to comply with these Official Rules, as determined by Sponsors in their sole discretion. Contest Submissions generated by script, macro or other automated means or by any means which subvert the entry process are void. Limit one (1) Contest Submission per person/email address. Contest Submissions received from any person or email address in excess of this limitation will be void. All Contest Submissions become the sole property of the Sponsors and will not be returned.
PROHIBITED CONTENT: Contest Submissions may not contain, as determined by the Sponsors, in their sole discretion, 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 unsafe or dangerous; promotes any particular political agenda or message;
• is obscene or offensive; endorses any form of hate or hate group;
• appears to duplicate any other submitted Contest Submission;
• defames, misrepresents or contains disparaging remarks about Sponsors, their products or services, other people or companies;
• contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission, to the extent permission is necessary;
• contains copyrighted materials owned by others (including music, photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission, to the extent permission is necessary;
• contains materials embodying the names, likenesses, voices, or other indicia identifying any person (living or dead), such as license plate numbers, personal names, e-mail addresses or street addresses, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission, to the extent permission is necessary;
• communicates messages or images inconsistent with the positive images and/or good will with which Sponsors wishes to associate; and/or
• violates any law.
Contest Submission must be the original work of the entrant, 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 an Contest Submission 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 Contest Submission, any and all releases, permissions and consents necessary to permit the use and exhibition of the Contest Submission by Sponsors in the manner set forth in these Official Rules, including, without limitation, permissions from any person who is mentioned in, appears in or is identifiable in the Contest Submission and permissions from any person who took the photograph or filmed the video of the entrant. Sponsors reserve the right to request proof of these permissions in a form acceptable to Sponsors from any entrant at any time. Failure to provide such proof may, if requested, render Contest Submission null and void. By submitting a Contest Submission, entrant warrants and represents that he/she and any persons who are mentioned in, appearing or identifiable in the Contest Submission consent to the submission and use of the Contest Submission in the Contest and to its use as otherwise set forth herein.
By submitting an Contest Submission, entrant represents and warrants that the Contest Submission conforms to these Official Rules and understands that Sponsors, in their sole discretion, may disqualify the Contest Submission for any reason, including if it determines, in its sole discretion, that the Contest Submission fails to conform to these Official Rules in any way or otherwise contains unacceptable content as determined by Sponsors, in their sole discretion.
USE OF CONTEST SUBMISSIONS: By submitting an Contest Submission, entrant hereby grants to Sponsors a nonexclusive license to reproduce, distribute, display, perform, create derivative works based upon, or otherwise exploit the Contest Submission in any manner or media now known or hereafter devised throughout the world in perpetuity for advertising, promotional and other purposes, without further compensation, notification or permission. Entrant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of Contest Submissions by third parties. Sponsors have no obligation to make use of the rights granted herein.
4. WINNER DETERMINATION: All eligible Contestant Submissions will be judged by a panel of qualified judges in accordance with the following criteria: i) Creativity (30%); ii) Originality (30%); Exhibition of Liberty Team Spirit (40%). The Contestant Submission that receive the highest score shall be deemed the winner (the “Potential Winner”). In the event of a tie, the finalists will be asked to provide a photograph or video of themselves executing what they’ve committed to doing via their entry, and one (1) winner will be selected by the judges based on the above criteria. Sponsors reserve the right to not award all prizes if, in their sole discretion, it does not receive a sufficient number of eligible and qualified Contest Submissions. Decisions of Sponsors and judges are final and binding.
The Potential Winner must comply with all terms and conditions of these Official Rules, and winning a prize is contingent upon fulfilling all requirements. The Potential Winner may be required to sign and return an Affidavit of Eligibility and Liability/Publicity Release within 24 hours of the date of notice in order to claim his/her prize and become an official winner (“Official Winner”). If a prize or prize notification is returned as undeliverable, a Potential Winner cannot be contacted, is not incompliance with these Official Rules or fails to sign and return the Affidavit of Eligibility and Liability/Publicity Release within the required time period, the Potential Winner may be disqualified and forfeits the prize. In the event that a Potential Winner is disqualified for any reason, Sponsors will award the prize to a runner-up.
5. PRIZE: One (1) Official Winner will receive (i) four (4) tickets to a Liberty home game at The Prudential Center (game date and time to be selected at the Liberty’s sole discretion), (ii) one (1) autographed Liberty basketball, and (iii) locker room access after the game for four (4) people.
Total Approximate Retail Value (“ARV”) of Prize: $1,000
Prize is awarded “as is” with no warranty or guarantee, either express or implied. Official Winner will be responsible for all federal, state and local taxes and fees and other costs and expenses associated with prize receipt and/or use that are not expressly included in the prize description, including but not limited to transportation to and from The Prudential Center, meals and beverages. No cash or other substitution, assignment or transfer of any prizes permitted, except by Sponsors, who reserve the right to substitute prize or prize component with cash or another prize of comparable or greater value. Sponsors are solely responsible for providing elements of prize to Official Winner. All prize details are at Sponsors’ sole discretion.
Tickets are subject to terms and conditions stated thereon. Seat locations are determined by Sponsors. Official Winner and guest(s) must comply with all venue rules and regulations. Failure to do so may result in forfeiture of prize. If event is cancelled or postponed, no compensation or substitution will be provided.
6. PUBLICITY: Except where prohibited, participation in the Contest constitutes Official Winner’s consent to Sponsors and their parent, subsidiary and affiliated companies and their designees to use his/her name, likeness, photograph, voice, opinions, biographical information, hometown and state for advertising and promotional purposes, in any manner, in any and all media now or hereafter devised, worldwide in perpetuity, without further payment or consideration, notification or permission.
8. GENERAL CONDITIONS: Released Parties (as defined below) are not responsible for lost, late, incomplete, inaccurate, stolen, delayed, misdirected, undelivered or garbled Contest Submissions or emails or postage-due, damaged or illegible mail; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or 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 or judging of Contest Submissions, the announcement of the prize(s), 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 participants' or to any other person's computer related to or resulting from participating in this Contest or downloading materials from or use of the website. Sponsors reserve the right to cancel or modify the Contest if fraud, technical failures or any other factor beyond Sponsors’ reasonable control impairs the integrity of the Contest, as determined by Sponsors in their sole discretion. In such event, Sponsors reserve the right to award the prize using the winner determination procedure set forth above from among the non-suspect, eligible Contest Submissions received up to the time of the impairment. Sponsors reserve the right in their sole discretion to disqualify any individual they find to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules, or in an unsportsmanlike or disruptive manner and void all associated Contest Submissions. 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, Sponsors reserve the right to seek damages and other remedies (including, without limitation, attorney’s fees) from any such person to the fullest extent permitted by law. Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute regarding Contest Submissions received from multiple users having the same e-mail account, the authorized subscriber of the e-mail account at the time of entry will be deemed to be the entrant and must comply with these rules. Authorized account subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses.
9. RELEASE/LIMITS OF LIABILITY: By entering this Contest, each entrant and Official Winner agrees to release and hold harmless Conopco, Inc. db/a Unilever, MSG Holdings, L.P., the Liberty, the WNBA Entities, Prudential, their parents, affiliates, subsidiaries, officers, directors, shareholders, agents, employees and all others associated with the development and execution of this Contest (collectively, “Released Parties”) from and against any losses, damages, rights, claim or cause of action of any kind arising, in whole or in part, directly or indirectly, out of participation in the Contest or resulting directly or indirectly, from acceptance, possession, use, or misuse of any prize awarded in connection with the Contest, including without limitation personal injury, death, and/or property damage, as well as claims based on publicity rights, defamation, and/or invasion of privacy.
10. DISPUTES: Each entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of New York or the appropriate New York State Court located in New York; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest and in no event will entrants be permitted to obtain attorneys' fees or other legal costs; and (iii) under no circumstances will entrants be permitted to obtain awards for and entrants hereby waive all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsors in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
11. CONTEST SPONSORS: MSG Holdings, L.P., 2 Penn Plaza, New York, NY 10121 and Unilever, 700 Sylvan Avenue, Englewood Cliffs, NJ 07632.
12. WINNER’S LIST: For the name of the Official Winner or a copy of these Official Rules, please send a self-addressed, stamped envelope to: “KLONDIKE LIBERTY 12th PLAYER” Contest, 2 Penn Plaza, 14th Floor, New York, NY 10121 by September 14, 2013. Please specify Winner’s List or Rules Request.