TERMS AND CONDITIONS
[NBA ALL ACCESS WASHINGTON, D.C. 2019 PRIZE DRAW]
1. Draw and Promoter
1.1. This [NBA All Access Washington, D.C. 2019 Prize Draw] is a free prize draw in which eligible entrants answer an NBA-based trivia quiz (the "Quiz") for a chance to win the Prize (defined below)(the "Draw").
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 Perform Media Channels Ltd. of Sussex House, Plane Tree Crescent, Feltham, TW13 7HE, United Kingdom (the "Promoter").
2. Who may enter
2.1. Subject to paragraphs 2.3 and 2.4, entry into the Draw is open solely to all permanent residents of [India] aged 18 years or over at the date of entry.
2.2 Each eligible entrant may enter only one once.
2.3 The officers, management and employees (and immediate family members of officers, management and employees) of the Promoter are not eligible to enter the Draw.
2.4 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.
2.5. No purchase or other payment is necessary to enter the Draw.
3. Draw Period
The Draw commences at 12pm 6th March 2019 to 12pm 10th March 2019 (the "Draw Period").
4. How to enter the Draw & how to win the Prize
To enter, eligible entrants must accept these terms and conditions, sign-in using your e-mail address and complete the Quiz. One eligible entrant will be chosen at random by an independent third party on [date], who will be the ("winner" or "prize winner").
5. Intentionally not used
6. Notification of prize winner
6.1. The prize winner will be notified by email on 11th March 2019
6.2. 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.
7. Prize details
7.1. The prize is a trip for up to two people to the [NBA All Access Washington, D.C, in Washington, D.C.] which takes place between [March 19, 2019 and March 24, 2019]. The prize includes:
1. Return economy class airfares for the prize winner and one other person of the prize winner's choosing (but who must be over the age of 18 years on 18th January 2019) from an Indian international airport nearest to the prize winner's place of residence to Washington, D.C., departing on [March 19, 2019] and returning on [March 24, 2019] valued at a maximum of [2,000 USD] (including airfare and airport taxes);
2.  nights' (two single rooms) accommodation at [an NBA chosen hotel] from [March 19, 2019 and March 24, 2019].], valued at a maximum of [2,000 USD];
3. Two tickets to the five day All Access event (valued at a maximum [1,000 USD]) including a VIP Back of House tour of the stadium.
7.2. The prize winner agrees that the Released Parties (defined in paragraph 8.1 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 likeness 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.
7.3 Before the prize is awarded, the winner will be required to 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.
7.4. The prize winner is responsible for all expenses not specified in these Conditions of Entry, including but not limited to visa charges for travel to USA, transport to and from the prize winner's place of residence to the nearest capital city airport, any meals and beverages, insurance (including medical, travel and health), items of a personal nature (including but not limited to in-room charges, tips, telephone and laundry), any local travel in the USA and all other ancillary costs.
7.5. Prize travel is subject to fare rules and other conditions of carriage. Tickets will not be exchanged for another destination. The prize winner cannot upgrade any prize travel or prize accommodation using cash or frequent flyer points and will not accrue frequent flyer points on any prize flights or with any prize accommodation. Prize travel must be taken in order to coincide with the prize in paragraph 7.1 above.
7.6 Prize travel may not be changed by the Prize winner under any circumstances. If the Prize winner cannot travel in accordance with these Conditions of Entry and on the flights nominated by the Promoter, the prize will be forfeited. If for any reason the Prize winner elects not to travel on the flights in paragraph 7.1 above, the flights will be forfeited and cash will not be awarded in lieu of the flights. Bookings will be made by the Promoter. Flight schedules and accommodation arrangements are subject to change without notice.
7.7 It is a condition of accepting the prize that the winner arranges at their own expense valid travel insurance with the highest available coverage, as well as the relevant visa documentation for entry into the USA, for their period of travel. The award of the prize will be subject to the entrant holding valid passports, which expire no earlier than six (6) months after the date of return to their country of origin. It is the entrant's responsibility to arrange and obtain all visas required in connection with the prize (and the prize winner and the other traveller will need obtain a valid ESTA to the USA).
8. Further Draw conditions
8.1. 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.
8.2. The prizes are not transferable or exchangeable. Prizes are not redeemable or exchangeable for cash and can only be taken as offered.
8.3. 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.
8.4. 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 8.3
8.5. If for any reason a prize winner does not accept:
(a) an element of the prize;
(b) any part of these terms and conditions relevant to that element; or
(c) 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.
8.6. All eligible entrants agree to provide the Promoter or the Promoter's authorised 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).
8.7. All eligible entrants will be responsible to comply with the applicable laws in India pertaining to entry into and participating in the Quiz and Draw.
8.8. The prize winner and the guest of such prize winner shall be responsible to comply with all laws in the USA as may be applicable for the purposes of undertaking travel to and stay within USA during the period as mentioned in paragraph 7.1 above.
9. 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 to receive the unclaimed prize.
10. Limitation of liability
10.1. To the fullest extent permitted by law, the Released Parties exclude all liability and will be held harmless from any losses, damages, actions, liability, injury or claims (including, without limitation (but subject to operation of law), personal injury, 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) incurred by any person in connection with the Draw or the promotion, receipt, acceptance, possession, use or misuse of any prize and/or participation in this Draw. 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.
10.2. 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.
10.3. 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 by the Promoter; (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.
12.1. 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.
12.2. The prizes remain the property of the Promoter until delivered to the prize winners.
12.3. 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.
12.4. 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.
12.5. 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 be responsible for all applicable taxes. If the Promoter is required to pay any taxes on behalf of the prize winner under applicable law then the prize winner shall reimburse such taxes to the Promoter before receiving the prize.
12.6. 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.
12.7. 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.