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OFFICIAL RULES FOR RUSHORDERTEES.COM T-SHIRT DESIGN CONTEST “PROMOTION”
Promoted by Philadelphia 76ers, L.P. (“76ers”)
Sponsored by RushOrderTees.com (the “Sponsor”)
PROMOTION IS VOID WHERE PROHIBITED. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE THE CHANCES OF WINNING. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY.
By entering this Promotion, you (the “Entrant”) accept and agree to these Official Rules including all eligibility requirements, and decisions arising out of this Promotion by 76ers.
“Entrants” refers to either (i) a team of one (1) individual who is at least 18 years old (“Adult Entrant”) and one (1) child/legal ward of such Adult Entrant (“Child Entrant”) (such Adult Entrant must be the parent/legal guardian of the Child Entrant), or (ii) an Adult Entrant. If applicable, the Child Entrant must be at least seven (7) years old at the time the Adult Entrant submits the entry. By entering this Sweepstakes, the Adult Entrant on behalf of itself, and if applicable, its Child Entrant: (a) agrees to be bound by these Official Rules and by the interpretations of these Official Rules by 76ers and the decisions of 76ers; (b) acknowledges Entrant’s compliance with these Official Rules; (c) represents and warrants that Entrant meets all the eligibility criteria set forth in these Official Rules; (d) agrees to comply with any and all applicable federal, state and local laws, rules and regulations; and (e) agrees to release and hold harmless 76ers from and against any and all claims, injury or damages arising out of or relating to participation in the Contest, and/or the use, misuse or redemption of the Prizes (defined below), and for any Claims (as defined below). All interpretations of these Official Rules and decisions made by 76ers related to the Contest are final.
The Promotion begins on March 25, 2019 at noon Eastern Standard Time (“EST”) and ends on April 5, 2019 at 11:59:59PM EST. 76ers may terminate, extend, or suspend the Promotion in its sole discretion.
HOW TO ENTER
To participate in the Contest, Entrant must complete and submit an Official Entry Form available on www.rushordertees.com/philaunite (the “76ers Website”) during the Contest Period. On such entry form, the Entrant must fill out the Adult Entrant’s name, email address, and phone number (and if applicable, the Child Entrant’s name), and submit an original work of art on the template provided by 76ers. Entry by any means which subverts the entry process will be void. Entrants may also use the official promotion hashtag (#MySixersTee) and submit entries through Social Media Accounts. All entries must include “#Promo”.
CHILDREN SHOULD NOT SUBMIT THE ENTRY FORM OR ENTER THE CONTEST IN ANY WAY. ONLY AN ADULT ENTRANT SHOULD SUBMIT THE COMPLETED FORM OR ENTER THE CONTEST.
Entrants must be legal residents of the Commonwealth of Pennsylvania, the State of New Jersey and the State of Delaware who are at least eighteen (18) years of age at time of entry. The following are ineligible to enter the Promotion: Any individuals (including but not limited to employees, consultants, independent contractors, and interns) who have, within the past six (6) months, performed services for 76ers, the National Basketball Association, Sponsor, any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Promotion or supplying the Prize, and their respective parent, subsidiary, affiliated and successor companies, and immediate family and household members of any such individuals. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses. "Household members" shall mean people who share the same residence at least three months a year.
Following the conclusion of the Contest Period, a judge or judges selected by 76ers, will subjectively judge each Entrant’s Submission and choose three (3) finalists (each, a “Finalist”) with one (1) such Finalist being chosen as the winner (the “Winner”) based upon the following criteria: creativity, enthusiasm for the Philadelphia 76ers, originality, and degree to which the design is reflective of the image of the Philadelphia 76ers. The odds of being selected as a Finalist and/or Winner of the Contest depend on the number of eligible entries and the skill of the Entrant.
The Finalist shall receive two (2) tickets to the 76ers home game on April 10, 2019 (if an Entrant consists of a Child Entrant, the Adult Entrant or a parent/legal guardian must accompany the Child Entrant to the Game) (the “Finalist Prize”). The Finalist Prize has an approximate retail value (“ARV”) of $190.
In addition to the Finalist Prize, the Winner shall receive: (i) the opportunity to have their design printed on 2,500 t-shirts to be distributed at the 76ers home game on April 10, 2019, and (ii) two (2) tickets to a 76ers home game during the 2018-19 season (exact game to be determined in the sole discretion of 76ers). The Winner Prize has a total ARV of $190. (The Finalist Prizes and the Winner Prize are sometimes collectively referred to as the “Prizes.”) (the “Prize”).
Entry into the Promotion is limited to twenty (20) entries per entrant. Any entry received in excess of such limitation will be deemed void. Any attempt by a person to use multiple email, Facebook, or Twitter accounts to enter in excess of such limitation during the Promotion will be void.
All entries must be received within the time period stated above to be eligible to win the Prize. Late and/or subsequent entries will be disqualified. All entries become the property of 76ers. Neither 76ers, the National Basketball Association (“NBA”) and its member teams, NBA Properties, Inc., NBA Media Ventures, Inc. (collectively, “NBA Entities”), the Sponsor, any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Promotion and their respective affiliates, employees, officers, directors and/or members of each assume any responsibility for late, lost, illegible, misdirected or undelivered entries. Entries will not be returned. 76ers reserve the right to edit and/or alter any submission and use it for any Promotion purpose, but have no obligation to use entries in any manner.
For purposes of these Official Rules, "receipt" of an entry only occurs when the 76ers’ servers record an entrant's registration information and entry during the Promotion Period, and the 76ers and its affiliates shall have no liability whatsoever for any attempted entry which is not received as set forth herein. Screen shots, printouts or other purported "proof" or "evidence" of entry or winning, in lieu of 76ers’ validation process, shall not be binding. Proof of sending (such as an automated receipt, screen shots, etc.) does not constitute proof of actual receipt of an entry for purposes of these Official Rules.
PLEASE NOTE THAT EVEN IF ENTRANT IS LISTED AS A POTENTIAL WINNER AT THE CLOSE OF THIS PROMOTION, ENTRANT HAS NOT YET WON THE PRIZE. EACH POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY THE 76ERS, AND MUST MEET ALL ELIGIBILITY REQUIREMENTS AND THE TERMS OF THESE OFFICIAL RULES BEFORE AN ENTRANT WILL BE CONFIRMED AS A WINNER AND THE PRIZE WILL BE AWARDED.
No substitutions, cash equivalents, or transfer of the Prize is permitted except at the sole discretion of 76ers who reserve the right to substitute the Prize (or portion thereof) with one of equal or greater value. The Prize includes only what is specified in the Prize description. 76ers makes no representation or warranty that the Prize can be sold, bartered, or traded for or at stated values. Values are subject to market conditions, which can fluctuate. The Prize will be provided at a date, time and location determined in the sole discretion of 76ers. The Prize is awarded subject to applicable legal restrictions, if any, and “AS IS, WHERE IS” without any warranty or guaranty (express or implied), except that which may be provided by the producer or supplier of the Prize. Specifics of the Prize is in 76ers’ sole discretion. All decisions are final on all matters relating to the awarding of the Prize and Promotion.
The Winner must not be under any legal or physical impediment that would prevent the Winner from accepting the Prize, and must be able to accept the Prize on the date or dates specified by 76ers. Otherwise, the Prize will be forfeited and 76ers may select an alternate winner, at its discretion, in a manner comparable to the selection of the original Winner.
Any and all costs and expenses associated with Prize acceptance and use are the sole responsibility of the Winner, including, without limitation, all federal, state, local and provincial taxes, transportation and meals, lodging, gratuities, and souvenirs, and all registration, license, permit fees and similar surcharges, and all other expenses of any nature incurred by the Winner in claiming the Prize.
The permitted guest of the Winner must be at least 18 years of age, unless the permitted guest is a child or legal ward of Winner, or unless the permitted guest is otherwise accompanied by a parent or legal guardian.
Winner (and permitted guest of Winner) are responsible for obtaining travel arrangements at their own expense to and from all activities and events that are components of the Prize and hereby acknowledge that 76ers has not and will not obtain or provide travel insurance or any other form of insurance for any travel associated with the Prize.
Winner and guest must comply with all venue, stadium, and event rules and regulations. Failure to do so may result in forfeiture of such portion of Prize. 76ers reserves the right to remove or deny entry to the Winner and any of his/her guests who engage in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person at the event.
If any portion of the Prize or any other activity or event is unable to take place as planned for any reason, including but not limited to, cancellation, scheduling conflicts, lockout, labor dispute, strike, or inclement weather, the remaining components of the Prize will be awarded and 76ers’ obligation to the Winner will be fulfilled, and no other additional compensation or substitution will be provided.
All Promotion submissions must be original, unpublished and created by the individual entering such submissions, and must not contain any third party material unless permission to use material(s) has been granted by such third party and all necessary consents and permissions directly or indirectly related to the Promotion submission and its use have been obtained, and that neither the Promotion submission nor its use infringes or violates any third party’s copyrighted material, trademark or other legal or intellectual property rights.
Any submission of photographs must be in .JPG format. Photographs larger than 5MB will not be accepted.
By submitting a photograph or video in the Promotion, the Entrant warrants and represents that he/she and any persons appearing in or who are identifiable in the photograph/video consent to the submission and use of the entry in the Promotion and to its use as otherwise set forth herein. Any photograph or video entries may not contain, as determined by 76ers in its sole discretion, any content that:
Upon 76ers actual knowledge that any submission material is infringing a third party’s intellectual property or other proprietary rights, the entry will be immediately disqualified, and, if applicable, the material will be immediately removed from any posted areas.
By entering the Contest, each Entrant represents and warrants that: (i) the Submission is the original work of the Entrant, that he/she has all rights to the Submission, that the Submission was created specifically for Contest, that the Submission, in whole or in part, has not been released commercially, been previously published or won any awards; (ii) the Submission does not and will not violate any law, statute, ordinance or regulation or any of the guidelines set forth in these Official Rules; (iii) the Submission is free and clear of any and all liens or claims with respect to the use of the Submission in the manner authorized in these Official Rules; and (iv) the Submission does not infringe upon or violate the intellectual property rights of any third party and will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on copyrights, trademarks, patents or other intellectual property rights or any rights or interests of any third party, or give rise to any claims for any payment whatsoever.
76ers reserves the right to disqualify any Submission that is deemed, in 76ers’ sole discretion, to be a violation of the Official Rules or that is not in keeping with the Submission guidelines specified herein.
Entrants acknowledge and agree that 76ers may receive many Submissions in connection with this Contest and that some Submissions may be very similar in content, idea, theme, or in other respects to other Submissions received or submitted. Entrant waives any and all claims entrant may have had, may have and/or may have in the future, that any Submission in this Contest is similar to his/her Submission, or that any compensation is due to entrant in connection with such Submission.
By entering the Contest, Entrant agrees to assign all right, title and interest, including copyright rights, in the entry to 76ers and grant permission for 76ers and its respective designees to publish or publicize all or part of the entry, including but not limited to the Entrant’s name, likeness and artwork contained in the entry, in whole or in part, for advertising, promotional and trade or other purposes in conjunction with this and similar promotions in any and all media now known or hereafter developed, worldwide in perpetuity, without notice or permission and without any compensation, except where prohibited by law.
All Entrants agree that in exchange for their participation in Contest, they grant, and have the full right to grant, 76ers and its representatives, affiliates, licensees, successors and assigns; (i) the right, but not the obligation, to use, edit, adapt, reformat, rearrange, modify, combine with other pictures, items and/or materials, add to and/or customize Submission; and (ii) the assignable, sub-licensable, perpetual, non-exclusive, irrevocable, royalty free, right and license to use, exhibit, display, broadcast, copy, reproduce the Submission, encode, compress, encrypt, incorporate data into, rebroadcast, transmit, record, publicly perform, create derivative works of, distribute and synchronize in timed relation to visual elements and aural elements, and or otherwise exploit, the Submissions, and/or any portions or excerpts thereof individually or with others, in whole or in part, in conjunction with other material, in any manner, including advertising, promoting and publicizing 76ers, an unlimited number of times, in any and all media, now known or hereafter devised, in perpetuity, throughout the world, without any additional liability, obligation to, or review or approval by, or additional payment of any kind to, entrant or any third party. All Submission materials become the sole and exclusive property of 76ers. Submissions will not be returned. By submitting a Submission, entrant understands and agrees that his/her Submission may be publicly displayed in the manner set forth above without any further notification to or consent from Entrant. Entrants agree that 76ers are not responsible for any unauthorized use of Submissions by any third parties.
Entrants agree to obtain, upon request from 76ers, any documentation necessary to prove their unrestricted ownership in all contents of Submission their right to use Submission as specified in these Official Rules.
WINNER NOTIFICATION & REQUIRED DOCUMENTS
The Winner will be notified within twenty four (24) hours following the conclusion of the Promotion. 76ers shall use such effort as, in its sole discretion, it deems reasonable to notify the Winner of the award of the Prize. In order to receive the Prize, Winner will be required to furnish proof of Promotion eligibility and identity including, but not limited to, U.S. social security number where applicable. Winner must immediately claim the Prize and return to 76ers any documentation required by 76ers, including a Confirmation, Release and Indemnity in the form(s) provided by 76ers, within twenty four (24) hours of notification. Otherwise, the Prize may be forfeited. If the Prize award notification is not effective or a Winner fails to claim the Prize or return the required documents, 76ers reserves the right to select an alternate winner utilizing the same selection method from the remaining eligible Entrants for the Promotion. 76ers decisions concerning selection of the Winner, as well as all other matters relating to any Promotion, are final and binding.
To the extent permitted by law, each Entrant agrees that entry in the Promotion constitutes permission, in perpetuity, that 76ers, the NBA, and Sponsor, and each of their respective affiliates, employees, officers, directors and/or members may use worldwide the Entrant’s identity, name, image, likeness and biographical information, as well as any materials submitted by the Entrant, and any audio, video, photograph or other recording, in any media,] now or hereafter developed of Entrant’s participation in the Promotion, for any purpose, including, but not limited to, publicity, promotional and advertising purposes related to such parties without any additional consideration or any compensation of any kind.
As a condition of entering the Promotion, Entrant agrees that: (1) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses; (2) all causes of action arising out of or connected with any Promotion, or the Prize awarded, shall be resolved individually, without resort to any form of class action; and (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorney’s fees.
EACH ENTRANT: (1) ACKNOWLEDGES ACCEPTANCE OF THE OFFICIAL RULES AND AGREES TO ADHERE TO AND BE BOUND BY THEM; (2) ASSUMES ALL RISK, RESPONSIBILITY, AND LIABILITY FOR ANY PERSONAL BODILY INJURY OR DEATH OR ANY DAMAGE OR LOSS OF PROPERTY, INCLUDING ANY BODILY INJURY OR DEATH TO ANOTHER PERSON, DIRECTLY OR INDIRECTLY ARISING FROM PARTICIPATION IN THE PROMOTION; AND (3) AGREES TO RELEASE, DISCHARGE, INDEMNIFY AND HOLD HARMLESS 76ers, THE NATIONAL BASKETBALL ASSOCIATION, SPONSOR, AND EACH OF THEIR RESPECTIVE AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS AND/OR MEMBERS (“RELEASED PARTIES”), THEIR SUCCESSORS AND ASSIGNS, FROM AND AGAINST ALL CLAIMS, LOSSES AND DAMAGES TO PROPERTY OR PERSON, INCLUDING DEATH, INCURRED OR CAUSED BY ENTRANT OR ENTRANT’S REPRESENTATIVES, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, ARISING FROM OR IN CONNECTION WITH OR RELATED TO THE OPERATION OF, OR PARTICIPATION IN, THE PROMOTION.
The 76ers are not responsible for any printing, distribution or production errors and may rescind, cancel or revoke the Promotion based upon any such error without liability at the 76ers’ sole discretion. In the event that an error occurs and more than the designated number of Prizes are claimed the designated number of Prizes will be awarded in a second chance drawing from among eligible Entrants.
The Promotion is conducted in the English language and 76ers shall not be responsible for any printing, typographical, administrative, or technological errors in the offer, presentation or administration of the Promotion. The application and interpretation of the Official Rules, the award of the Prize, and selection of the Winner shall be determined by the representatives of 76ers, and all decisions in that regard shall be in the sole discretion of such representatives and shall be final and conclusive. Entrants agree that in the event a legal authority, Sponsor or insurer challenges the award of the Prize, 76ers shall have the sole right to determine whether or not to award such Prize. In the event of any claim or dispute with regard to the Promotion or the Official Rules, the laws of the State of New Jersey shall govern and apply, without regard to conflict of law provisions. Entrants agree to submit to the exclusive jurisdiction of the courts of the State of New Jersey in regard to any claim or dispute with respect to any aspect of the Promotion or the Official Rules.
76ers is not responsible for any inability to conduct the Promotion or award the Prize as a result of any act of God, labor stoppage strike, or lock out, or other reason beyond the control of 76ers.
76ers reserves the right, in its sole discretion, to disqualify any Entrant for suspected or actual cheating and to prevent any person from participating in the Promotion or in the Prize award if that person does not adhere to the Official Rules or acts: (a) in a manner that 76ers determines to be not fair; (b) with an intent to annoy, threaten or harass any other person or the RELEASED PARTIES; or (c) in any other disruptive manner.
Under no circumstances shall a submission into the Promotion, the awarding of the Prize, or anything in these Official Rules be construed as an offer or contract of employment with 76ers. Entrants acknowledge that their submission was voluntary and not in confidence or in trust. Entrants acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between Entrant and 76ers and that no such relationship is established by Entrant’s submission under these Official Rules.
If for any reason this Promotion is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of 76ers which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, 76ers reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process and to cancel, terminate, or suspend the Promotion, in whole or in part, at any time, without notice and award the Prize using all non-suspect eligible entries received as of this termination date. 76ers assumes no responsibility for (i) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of entries, (ii) any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers or providers, computer equipment, software, failure of any e-mail or entry on account of technical problems, human error or traffic congestion on the Internet or at any website or any combination thereof, including any injury or damage to Entrant’s or any other person's computer relating to or resulting from participation in this Promotion or downloading or uploading any materials in connection with this Promotion.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY ONLINE MEDIA OR WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS OR THE ONLINE MEDIA RULES AND REGULATIONS AND, SHOULD SUCH AN ATTEMPT BE MADE, 76ers 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.
Entrants must have a valid Facebook, or Twitter account (collectively “Social Media Account”) to participate. Entries will be deemed made by the authorized account holder of the Social Media Account submitted at time of entry. In the event of a dispute regarding the identity of any potential winner, the potential winner will be deemed to be the authorized account holder of the Social Media Account submitted at time of entry. The authorized account holder is defined as the natural person who is eligible to participate in the Promotion and who is assigned a Social Media Account by the organization that is responsible for assigning Social Media Account, and who is the sole owner of the account pursuant to which the entry is made. A potential winner must provide 76ers with satisfactory proof that he/she is the authorized account holder of the Social Media Account associated with the potential winning entry. Entries generated by a script, macro or other automated means will be disqualified. Entries that are incomplete, illegible or corrupted are void and will not be accepted. The Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, or Twitter.
The Promotion is subject and subordinate to all rules and regulations applicable to or required by Facebook (including https://www.facebook.com/page_guidelines.php), or Twitter (including https://twitter.com/privacy). If Entrant violates such rules and regulations, as determined in 76ers' sole discretion, Union reserves the right to disqualify Entrant from the Promotion.
Entrant understands that by entering, Entrant is providing Entrant’s entry information to 76ers and not Facebook or Twitter.
INQUIRIES & WINNER
Address all inquiries regarding the Promotion to:
Philadelphia 76ers Promotions
3 Banner Way,
The identity of the Winner may be obtained by sending a request to the address above within thirty (30) days of the end of the Promotion and by including a self-addressed postage paid (U.S. postage only) envelope.