OFFICIAL RULES AND REGULATIONS

 

 

NO PURCHASE NECESSARY TO ENTER OR WIN.

 

1. ELIGIBILITY: “GEICO H.O.R.S.E. Challenge” Contest (the “Contest”) is open to all individual legal residents of the forty-eight (48) contiguous United States of America and the District of Columbia, age 18 years or older, who have Internet access as of January 7, 2010. Employees (and their immediate families [i.e., spouse, parent, child, sibling and their respective spouses, regardless of where they reside] and those living in the same households, whether or not related) of Turner Digital Basketball Services, Inc. and GEICO (collectively, the “Sponsors”), the National Basketball Association (“NBA”) and its member teams, NBA Properties, Inc., and their respective parents, subsidiaries, divisions, trustees, franchisees, participating vendors, distributors, advertising and promotion agencies and affiliated entities (collectively, with the Sponsors, the “Contest Entities”) are not eligible to enter or win. Void wherever prohibited or restricted by law. The Contest is governed by U.S. law and subject to all applicable federal, state and local laws and regulations. By entering the Contest, entrants warrant that they are eligible to participate in the Contest, agree to accept and be bound by all terms of these Official Rules and Regulations (“Official Rules”) and understand that they and/or their Submissions (as defined below) may appear in television, Internet, print media, in any other media now known or hereafter devised and/or radio coverage of the Contest. Sponsors reserve the right to verify the eligibility of any entrant.

 

2. HOW TO ENTER: Starting at 12:00:00 a.m. E.T. on January 8, 2010 and ending at 11:59:59 p.m. E.T. on January 31, 2010 (the “Entry Period”), Sponsors will conduct a Contest encouraging entrants to enter for a chance to win a prize. To enter during the Entry Period, an entrant must: (i) log on www.nba.com/horse (the “Website”) and complete and submit the online entry form, including his/her name, address, telephone number (including the area code), e-mail address (if any) and birth date; and (ii) upload a video up to four (4) minutes in length of himself/herself taking, demonstrating or performing his/her best basketball shot (the online entry and the video will be referred to collectively as the “Submission”). All Submissions must be submitted online using the uploading instructions located on the Website. Submissions must conform to the video format rules of the Website. Submissions must be in English. Any voice-over included as part of the video must be performed by entrant. To be eligible each online Submission must be received no later than 11:59:59 p.m. ET on January 31, 2010. All Submissions become the property of the Sponsors and will not be acknowledged or returned. All Submissions must be submitted in the name of an individual person and prize can only be awarded to the person whose name is on the online entry form that is part of the winning Submission. No mechanical reproductions accepted. Entrant warrants and represents: (a) he/she is the sole and exclusive owner of the Submission and all rights therein; (b) he/she has the full and exclusive right, power and authority to submit the Submission and to grant the Contest Entities the rights to the Submission herein granted upon the terms and conditions set forth herein; (c) no part of the Submission has been previously aired, published or won any other prize/award; (d) no rights in the Submission have been previously granted to any person, firm, corporation or other entity or otherwise exercised or made use of or encumbered in any way; and (e) his/her Submission does not defame or invade publicity rights or the privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or property rights or any other third party rights. Sponsors reserve the right in their sole discretion to disqualify any Submission at any time in the event it is determined Submission is offensive, inappropriate, not in keeping with Sponsors’ images or if it is determined that the entrant has not otherwise complied with these Official Rules. Submissions (a) may not violate or encourage others to violate any applicable law, statute, ordinance or regulation, (b) may not contain commercial/corporate advertising, including but not limited to corporate logos, brand names, and slogans, other than those relating to the Contest Entities, and (c) may not include any viruses, worms, corrupt file, Trojan horses or other forms of corruptive code or content that may harm or compromise the Contest Website and/or the proper conduct of the Contest. If the Submission contains any materials 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 Submission, any and all releases and consents necessary to permit the use and exhibition of the Submission by the Sponsors in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions/releases from any person who appears in or is identifiable in the Submission. If any identifiable person appearing in the Submission is under the age of majority in his/her state of residence, the parent or legal guardian is required to provide permission. Sponsors reserve the right to request proof of these permissions/releases in a form acceptable to Sponsors from any entrant at any time. Entrants acknowledge and understand that Contest Entities are not responsible for any unauthorized use by a third party of any Submission. By submitting a Submission, each entrant (or, if an eligible minor, his/her parent or legal guardian) warrants and represents that he/she and any persons appearing in or who are identifiable in the Submission consents to the submission and use of the Submission in the Contest in the manner set forth in these Official Rules. The Contest Entities are not responsible for misdirected, delayed, incomplete, inaccurate, lost, late, illegible or undeliverable Submissions or Votes (as defined in Rule 4), technical, hardware, or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions, intellectual property theft or other unauthorized use of intellectual property or other errors, omissions, interruptions or problems which may limit or affect an entrant’s ability to participate in the Contest, whether human, mechanical, typographical, printing, electronic, network or otherwise, relating to or in connection with the Contest, including, without limitation, errors which may occur in connection with the administration of the Contest, the processing or judging of Submissions, the tabulation of Votes, the announcement of a prize or in any Contest-related materials. Further, Sponsors are not responsible for electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind or insufficient space in entrant’s e-mail account to receive e-mail messages. Sponsors disclaim any liability for damage to any computer system resulting from participation in, or accessing or downloading information in connection with, this Contest. In the event of sabotage, acts of God, terrorism or threats thereof, computer virus or other events or causes beyond the Sponsors’ control, which corrupt the integrity, administration, security or proper operation of the Contest, Sponsors reserve the right, in their sole discretion, to modify, cancel or suspend the Contest (or a portion thereof). In the event of cancellation, Sponsors reserve the right to judge all eligible, non-suspect Submissions received prior to the event requiring such cancellation using the judging procedure outlined in Rule 3 below. False or deceptive Submissions or acts will render the entrant ineligible. Sponsors reserve the right, in their sole discretion, to disqualify any entrant from this Contest or any other promotion conducted now or in the future by Sponsors or any of their respective affiliates if he/she tampers with the entry process or his/her fraud or misconduct affects the integrity of the Contest. Each entrant hereby acknowledges and agrees that the relationship between entrant and Sponsors is not a confidential, fiduciary or other special relationship, and that entrant’s decision to submit his/her Submission to Sponsors for purposes of the Contest does not place Sponsors in a position that is any different from the position held by members of the general public with regard to elements of entrant’s Submission. By entering this Contest, entrant acknowledges and agrees that Sponsors may create on their own or obtain many Submissions under this Contest and that such Submissions may be similar or identical in theme, idea, format or other respects to others submitted under this Contest and/or other contests staged and/or sponsored by Sponsors, and waive any and all claims entrant may have had, may have, and/or may have in the future, that any Submissions and/or other works accepted, reviewed and/or used by other entrants and/or Sponsors (or their designees) may be similar to entrant’s Submission. Entrant acknowledges and agrees that Sponsors have no, nor shall have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to entrant’s Submission. Submissions must not contain offensive or lewd content as determined by Sponsors in their sole discretion. All Submissions will become the property of Sponsors and will not be returned. By entering the Contest, entrant grants Sponsors a perpetual, fully-paid, irrevocable, non-exclusive license to reproduce, prepare derivative works of, distribute, display, exhibit, transmit, broadcast, televise, digitize, otherwise use and permit others to use and perform throughout the world the Submission in any manner, form or format now or hereinafter created, including on the internet, and for any purpose, including, but not limited to, advertising or promotion of Sponsors and their services, all without further consent from or payment to you. Entrant understands that his/her name and Submission may be posted on the Website in connection with Contest. Sponsor reserves the right to correct clerical or typographical errors in promotional materials. In the event of a dispute as to the identity of any entrant, the authorized account holder of the email address from which the entry is submitted will be deemed to be the entrant.

 

3. FIRST ROUND JUDGING: Three (3) finalists (the “Finalists”) will be selected by representatives of Turner Digital Basketball Services, Inc. (the “Judges”) from among all eligible Submissions received during the Entry Period. The Finalists will be selected based on the following criteria: (i) 25% creativity, (ii) 25% originality, (iii) 25% production quality and (iv) 25% technical skill (the “Judging Criteria”). Each potential Finalist will be notified by U.S. mail, e-mail and/or telephone on or around January 31, 2010 and will be required to fulfill all requirements set forth herein or such Finalist’s place will be forfeited. Potential Finalists may be required to pass a civil, criminal and financial background check and may be disqualified if such check reveals anything in the Sponsors’ discretion that merits such action. Each potential Finalist will be required to execute an affidavit of eligibility, liability release and, except where prohibited by law, publicity release and return within three (3) business days of date of issuance of notification. If any Finalist is a minor in his/her state of residence, his/her parent or legal guardian must execute and return such documents on his/her behalf. Potential Finalists will also provide proof that he/she has obtained releases from all parties appearing on any Submissions. Sponsor reserves the right to select fewer than three (3) Finalists if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions.

 

4. FINAL ROUND JUDGING: Beginning on or around February 1, 2010 at 12:00:00 a.m. ET and ending on February 8, 2010 at 11:59:59 pm ET (the “Finals Voting Period”), the Submissions of the three (3) Finalists will be made available on the Website, where visitors to the Website (“Visitors”) will be allowed to vote on their favorite Finalist. There is no limit on the number of times each Visitor will be permitted to vote throughout the Finals Voting Period. The one (1) Finalist with the highest total of online votes (“Votes”) at the end of the Finals Voting Period, as determined by Sponsors, will be declared the potential Grand Prize Winner (the “Grand Prize Winner”). The Grand Prize Winner will be declared pending verification of eligibility and compliance with these Official Rules. The Grand Prize Winner will be announced on or about February 8, 2010. In the event of a tie in judging or voting, an additional “tie-breaking” judge will judge such tied entrants based on the Judging Criteria. The decisions of the Sponsors and Judges in all rounds will be final and binding in all matters.

 

5. GRAND PRIZE: One (1) Grand Prize Winner may have the opportunity to have his/her video exhibited on the TNT network and NBA TV and his or her featured shot reenacted by an NBA player(s) in the H.O.R.S.E. game presented by GEICO during the 2010 NBA All-Star Saturday night. Sponsors shall have no obligation to exhibit the Grand Prize Winner’s Entry or have the featured video reenacted by NBA player(s) during the H.O.R.S.E. game. The Grand Prize shall solely consist of the elements set forth hereinafter. The Grand Prize Winner will receive a “TNT” prize pack, which shall include one (1) Flip Camcorder and TNT-branded items as selected by Sponsors, in their discretion, at an approximate retail value of Five Hundred Dollars ($500), and a two (2) day/one (1) night trip to Atlanta, Georgia to tour the NBA on TNT studio, at an ARV of Two Thousand One Hundred Dollars ($2,100). The trip will include the following: (a) round-trip coach-class air transportation for two (2) from the major U.S. gateway airport nearest the Grand Prize Winner’s residence to Atlanta Hartsfield-Jackson International airport; (b) one (1) room, double-occupancy standard hotel accommodations for two (2) at a hotel in the Atlanta-area, for one (1) night; (c) round-trip ground transportation between the airport, the hotel and the studio; (d) Four Hundred Dollars ($400) spending money awarded as a check made payable to the Grand Prize Winner only ; and (e) the opportunity to tour the NBA on TNT studio. The Grand Prize Winner is responsible for all costs and expenses not expressly provided for above, including additional ground transportation, meals, incidentals, tips, telephone calls, souvenirs, other personal expenses and hotel charges incurred during the trip. All travel arrangements must be made through Sponsors’ agent on a carrier of Sponsors’ choice and trip must be booked a minimum of forty-five (45) days in advance. Minors must be accompanied by parent/legal guardian. Dates are subject to availability and certain black-out dates and other travel restrictions may apply. Sponsors reserve the right to approve any travel dates and trip must be taken by April 14, 2010 or such portion of prize will be forfeited. Sponsors are not responsible for any travel related delays or cancellations. No substitution or transfer of prizes or cash redemptions permitted by the Grand Prize Winner. Sponsors reserve the right to substitute for any reason whatsoever a prize (or portion thereof) of comparable or greater value, at their sole discretion. Prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsors. The Grand Prize Winner is responsible for the reporting and payment of all taxes (if any) as well as any other costs and expenses associated with acceptance and use of a prize not specified herein as being awarded. Grand Prize Winner and guest are responsible for obtaining proper documentation (e.g., valid photo ID) prior to travel. All prize details are at Sponsors’ sole discretion.

 

 

THE TOTAL AMV OF PRIZE (1 PRIZE): Two Thousand Five Hundred Dollars ($2,500). No substitution or transfer of prizes or cash redemptions permitted by winners. Sponsors reserve the right to substitute for any reason whatsoever a prize (or portion thereof) of comparable or greater value, at their sole discretion. Prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsors. The Grand Prize Winner is responsible for the reporting and payment of all taxes (if any) as well as any other cost and expense associated with acceptance and use of a prize not specified herein as being awarded. All prize details are at Sponsors’ sole discretion.

 

6. GENERAL RULES AND REGULATIONS: By entering this Contest and/or accepting the prize, Entrants grant Sponsors and their designees the right, unless prohibited by law, to use their names, cities and states of residences, voices, performances, pictures and likenesses (including recorded media coverage), without compensation, notification or approval, for the purpose of advertising, promotional and other purposes, in any manner or medium, now or hereafter known, throughout the universe in perpetuity, any such use with respect to a minor to be subject to prior approval of parent or legal guardian. Each potential Grand Prize Winner may, in Sponsors’ sole discretion, be required to execute an affidavit of eligibility, liability release, tax acknowledgment form (if applicable) and, except where prohibited by law, publicity release and return within five (5) business days of date of issuance of notification. Grand Prize Winner and his or her guest must sign travel releases. Noncompliance within this time period or failure of such potential Grand Prize Winner to respond to a notification attempt within five (5) days of such attempt may result in disqualification and, at Sponsors’ discretion, another Entrant will be declared the potential Grand Prize Winner. If: (i) any prize or prize notification is returned as undeliverable, (ii) the potential Grand Prize Winner declines his/her prize; (iii) the potential Grand Prize Winner is unable to travel on dates selected by Sponsors; (iv) the potential Grand Prize Winner fails to comply with any of the terms of these Official Rules, then the potential Grand Prize Winner may, at Sponsors’ discretion, be disqualified and, another Entrant declared the potential Grand Prize Winner. If a potential Grand Prize Winner is a minor in his/her state of residence, Sponsors reserve the right to award the prize in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on such Grand Prize Winner set forth herein. With respect to the Entrants’ Submissions, Entrants hereby irrevocably grant Sponsors and their designees the non-exclusive, perpetual, universal right to use their Submissions, in whole or in part, alone or in combination with other material, or as a basis for new material, as Sponsors may determine in their sole discretion, and to use the Submission in connection with the Contest and related advertising and promotion or otherwise, but not as a direct endorsement of any product or service. Without limiting the generality of the foregoing, Entrants agree that the rights granted hereunder shall include, but not be limited to, the perpetual, universal right of Sponsors and their designees to use, edit, telecast, cablecast, rerun, record, publish, reproduce, license, print, distribute and/or otherwise exploit, in any language and in all media now known or hereafter devised, the Submissions in whole or in part, without any further compensation to Entrant or any third party. Entrants may be required to execute any document(s) necessary to perfect such rights in the Sponsors. The Contest Entities expressly disclaim any responsibility for, and Entrants agree to indemnify and hold harmless the Contest Entities from and against any and all claims, actions, demands and/or liability for injury, damage or loss whatsoever relating to or arising in connection with participation in this Contest (regardless of the cause of such injury, damage or loss), Sponsors’ use of any materials submitted by Entrant and/or the delivery and/or subsequent use or misuse of any prize awarded.

 

7. CAUTION. ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

8. OFFICIAL RULES OR WINNERS’ LIST: For a copy of these Official Rules or the Winners List (available after March 8, 2010), send a self-addressed, stamped envelope to the following address by April 8, 2010 (please specify “Official Rules” or “Winners”): “GEICO H.O.R.S.E. Challenge” Contest, 1050 Techwood Drive, N.W., Atlanta, GA 30318. VT residents may omit return postage on rules requests.

 

9. SPONSORS: Turner Digital Basketball Services, Inc., 1050 Techwood Drive, N.W., Atlanta, GA 30318 and GEICO, 5260 Western Avenue, Chevy Chase, MD 20816

 

10. ADMINISTRATOR: Cottonwood Enterprises, Inc., 555 Little Wolf Road, Bozeman, MT 59715

 

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