Stand With USAB Contest

OFFICIAL RULES

NO PURCHASE NECESSARY. VOID WHERE PROHIBITED. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

1. CONTEST PERIOD: The Contest begins at 5:00pm Eastern Time (ET) on August 20, 2014 and ends at 12:00pm ET on August 23, 2014.

2. ELIGIBILITY: The Contest is open to legal U.S. residents at least 18 years old at time of entry. The Contest is void 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, Hospital for Special Surgery (“HSS” or “Sponsor”), USA Basketball (“USAB”) , the National Basketball Association and its member teams, NBA Properties, Inc., NBA Media Ventures, Inc. (collectively, “NBA Entities”), and all of their respective parents, subsidiaries, affiliates, directors/trustees, officers, employees, advertising and promotional agencies (collectively, with HSS, USAB and the NBA Entities, the “Released Parties”), are ineligible to participate in the Contest. The Contest is in no way sponsored, endorsed or administered by, or associated with Instagram or Twitter. By submitting a photo in the Contest, and except for information required independently by Instagram or Twitter, entrants understand that they are providing their information to the Sponsor and not Instagram or Twitter. The information provided will only be used for Contest administration and as set forth herein. The Contest is subject to all applicable federal, state and local laws.

3. HOW TO ENTER: To enter the Contest, a person must upload an original photo of himself/herself “Standing with USAB” – showing him/her standing on top of the footprints of an USAB player or coach at the display located in the Madison Square Garden concourse – at the HSS activation space on Twitter or Instagram and must tag HSS with its respective handle and #contest (collectively, the “Contest Submission”). Prospective contestants must also “follow” HSS on Twitter or Instagram to enter the Contest. Limit one (1) Contest Submission per person throughout the Contest Period. You can stop following HSS on Twitter or Instagram at any time after completion of the Contest. Sponsor reserves 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 Sponsor in its sole discretion.

The Released Parties are not responsible for lost, late, delayed, incomplete, garbled, damaged or misdirected Contest Submissions 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 tabulation of votes, the announcement of the prizes, the incorrect uploading of any photo 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 any person's computer related to or resulting from participating in this Contest or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Contest or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Contest Submissions will be void.

Contest Submissions may not contain, as determined by the Sponsor, in its sole discretion, any content that:

  • is sexually explicit or suggestive; 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 Entry;
  • defames, misrepresents or contains disparaging remarks about 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 any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
  • contains copyrighted materials owned by others (including 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, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
  • contains look-alikes of celebrities or other public or private figures, living or dead;
  • communicates messages or images inconsistent with the positive images and/or good will to which we wish to associate; and/or
  • violates any law.

A 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 a Contest Submission includes the name and/likeness of a minor, entrant must be that minor’s parent or legal guardian. If a 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 Sponsor in the manner set forth in these Official Rules, including, without limitation, permission from any person who is mentioned in, appears in or is identifiable in the Contest Submission and permission from any person who took the photograph of the entrant. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor 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 a Contest Submission, entrant represents and warrants that the Contest Submission conforms to these Official Rules and understands that Sponsor, in its 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 Sponsor, in its sole discretion.

USE OF CONTEST SUBMISSIONS: Entrants agree that Released Parties are not responsible for any unauthorized use of Contest Submissions by third parties. By submitting a photo, Entrant grants HSS and its designees an irrevocable, royalty-free, non-exclusive, worldwide perpetual license to use the photo and the entrant’s name, city and state of residence for credit purposes in HSS's & NBA Entities online galleries and social media channels (including but not limited Twitter and Instagram) and for any other business purposes of HSS or NBA Entities, without further compensation, notification or permission, unless prohibited by law.

4. CONTEST DETAILS: One (1) entrant will be selected at random and deemed the “Winner.” This individual (the “Potential Winner”) will have the opportunity to win one (1) pair shoes autographed by Kyle Korver of the USA Basketball Men’s National Team.

The Potential Winner must comply with all terms and conditions of these Official Rules, and winning the 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 or the 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 forfeit the prize. In the event that a Potential Winner is disqualified for any reason, Sponsor may award the prize to a runner-up.

5. PRIZES: The Contest Prize is as follows:

FIRST PRIZE (1): One (1) First Prize Winner will receive one (1) pair of Nike sneakers autographed by Kyle Korver of the USA Basketball Men’s National Team (Approximate Retail Value (ARV) of the shoes: $250.)

Total ARV of Contest Prize: $250.

The Contest Prize will be 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 expenses associated with prize receipt and/or use that are not expressly included in the Prize description. No cash or other substitution, assignment or transfer of any prizes permitted, except by Sponsor, who reserves the right to substitute prize or prize component with cash or another prize of comparable or greater value.

6. PRIZE RESTRICTIONS: All prizes subject to availability. No prize transfers permitted, except at Sponsor’s discretion. All prize details are at Sponsor’s sole discretion.

7. PUBLICITY: Except where prohibited, participation in the Contest constitutes Official Winner’s consent to Sponsor, USAB, the NBA Entities, and their respective parent, subsidiary and affiliated companies to use the entrant’s name, likeness, photograph, 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, notification or consideration, notification or permission.

8.GENERAL CONDITIONS: Sponsor reserves the right to cancel or modify the Contest if fraud, technical failures, or any other factor impairs the integrity of the Contest, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes using the winner determination procedure set forth above from among the non-suspect, eligible Contest Submissions received up to the time of the impairment using the judging criteria specified above. Sponsor reserves 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, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

9. RELEASE & HOLD HARMLESS: By entering this Contest, each entrant agrees to release and hold harmless Released Parties, Twitter, Instagram and all others associated with the development and execution of this Contest 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 intellectual property rights, publicity rights, defamation, and/or invasion of privacy.

10. DISPUTES & LIMITS OF LIABILITY: 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 Sponsor 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: Hospital for Special Surgery, 535 East 70th Street, New York, NY 10021.

12. WINNERS’ LIST: For the names of the Official Winners or a copy of these Official Rules, please send a self-addressed, stamped envelope to: “Stand with USAB” Contest, 535 East 70th Street, New York, NY 10021, Attn.: Jessica Podell, by September 1, 2014.