2019-20 NBA Hotshot Challenge
Official Rules for the Indiana Pacers Market
No Purchase Necessary To Enter or Win. Purchasing Will Not Increase Your Chances Of Winning. Void Where Prohibited By Law.
PROGRAM OVERVIEW AND DATES: 2019-20 NBA Hotshot Challenge (“Program”) gives fans the opportunity to participate in the Program in one of two ways: 1) Using the HomeCourt app (the “App”) or 2) Visiting an NBA Team Challenge Event (“NBA Team Challenge”). Promoter/Sponsor of the Program is the National Basketball Association and Co-Promoter/Sponsor of the Program is, as it relates to the Pacers Program described herein, Pacers Basketball, LLC d/b/a Indiana Pacers and Pacers Sports & Entertainment (“Pacers”). The Program will be divided into up to thirty-one (31) individual challenges (hereinafter each a “Challenge” and collectively the “Challenge(s)”) (one (1) for each NBA Market and one (1) for non-team markets). The Challenge(s) in the Indiana Pacers market (whether participating via the HomeCourt app or in-person) will be referred to in these Official Rules as the Pacers Challenge(s). Up to thirty-one (31) Finalists (one (1) Finalist for each team market and one (1) Finalist from non-team markets) will be selected in a manner determined by the NBA Entities (as defined below) to participate in the final Hotshot Challenge at NBA All-Star 2020 in Chicago, IL (the “Competition(s)”). There will be two (2) Semi-Finalists in the Pacers Challenge and one Finalist. The winner of the Competition will be named the 2019-20 NBA Hotshot Challenge Champion.
The Program for the Indiana Pacers market (the “Pacers Program”) starts on December 1, 2019 and ends on January 8, 2019 (“Program Period”).
ELIGIBILITY: The Pacers Program is only open to individuals who are legal permanent residents of the geographic area within one hundred fifty (150) air miles of the corporate limits of Indianapolis, Indiana and/or as otherwise determined by the NBA (the parties acknowledge that some areas are excluded by the NBA within said 150 mile area), and who are 13 years of age or older; and are not current members of any college, university, or professional basketball team (“Contestant”). Note: All individuals participating in the Program (each a “Contestant” and collectively the “Contestants”) are personally responsible for understanding and following high school or intercollegiate athletic eligibility guidelines as it pertains to any prohibitions or restrictions related to your participation in this Program. Minor Contestants must have parent/legal guardian’s permission to enter. Employees, officers, representative, agents, members and director of Pacers, any other organizations affiliated with the Sponsorship of this Program (herein “Sponsors”), as well as NBA Properties, Inc., the National Basketball Association (“NBA”) and its member teams (collectively with NBA Properties, Inc. and the NBA and its member teams, the “NBA Entities”), NEX Team Inc., Turner Digital Basketball Services, Inc., and each of their respective parent companies, subsidiaries, affiliates and related entities, as well as each of the aforementioned parties’ respective directors, officers, governors, owners, shareholders, members, employees, representatives, distributors, retailers, successors, assigns, agents, advertising/promotion agencies, and teamDigital Promotions, Inc. (hereafter collectively, “Released Parties”) and the immediate family members (parents, spouses, siblings, children and their respective spouses, regardless of where they reside) and/or those living in the same household of any such individual, whether or not related, are not eligible to enter or win. This Program is subject to all applicable federal, provincial, state, and local laws. Void where prohibited by law.
PROGRAM IMPORTANT NOTE: By participating in the Program, each Contestant (or, in the case of minor Contestants, their parent or legal guardian) represents that the Contestant is in good physical condition and has the physical capacity to participate in the Program including any activities or events (if applicable) and understands and accepts all risks associated with participation in the Program. Each Contestant also expressly acknowledges their understanding that the Program can be dangerous and can involve the risk of serious physical injury. Each Contestant represents that participation in the Program is voluntary, with full knowledge of the potential risks entailed and expressly, knowingly and voluntarily assuming the risk of any and all physical injury associated with or caused by participating in the Program.
TO PARTICIPATE IN THE PACERS CHALLENGES VIA THE APP:
To participate in the Pacers Challenges via the App, you will be directed to complete the following steps during the Program Period:
If you are not already a registered user of the App, download the “HomeCourt” app on your iOS device and follow the prompts to sign up (the download and sign up are free, but are subject to the App’s Terms of Use and Privacy Policy), or b) If you are already a registered user of the App, sign in as directed. Limit one (1) App User Sign Up per person and per email address. Additional App User Sign ups received from a single person or email address will be void.
Once you’re signed in, you may immediately link to the Pacers Challenge by tapping on the banners, buttons, and/or links within the App. If you haven’t participated in a prior NBA Challenge, you must also agree to the NBA’s Terms of Use and Privacy Policy. Please note that all personally identifiable information submitted by participants is subject to, and will be treated in a manner consistent with, the App’s Terms of Use accessible at: https://www.homecourt.ai/legal/terms and Privacy Policy accessible at: https://www.homecourt.ai/legal/privacy ; and NBA’s Terms of Use accessible at: https://global.nba.com/homecourt-terms-of-use/ and Privacy Policy accessible at: https://www.nba.com/news/privacy_policy.html ;
Follow the in App instructions to participate in your Pacers Challenge. Limit ten (10) Pacers Challenge attempts per person/registered user per day. The use of any device or software to automate or subvert the sign up or Challenge process is prohibited and any sign up received through such means as solely determined by the NBA Entities will be void.
All details regarding the mechanics, judging, other rules, procedures and conditions for participation in a Challenge via the App will be determined by the NBA Entities (in their sole discretion) and will be listed on the App prior to the start of the applicable Challenge.
For Challenges submitted via the App, the Contestant must utilize a regulation height basket (10’) and a single regulation-sized ball (29.5” for men, 28.5” for women).
Contestants are responsible for any charges of online service providers or wireless carriers.
TO PARTICIPATE IN THE PACERS CHALLENGE IN-PERSON:
Eligible Contestants will be able to participate in the Pacers Challenge in-person by registering online or at designated locations in Bankers Life Fieldhouse before and/or during (as determined by Pacers in its sole discretion) the Indiana Pacers home basketball game on December 17, 2019. Participation in the Pacers Challenge in-person at Bankers Life Fieldhouse is limited to the first one hundred (100) Contestants to sign up. Pacers may, in its sole discretion, permit additional Contestants to sign up for the Pacers Challenge in-person, if time permits. The Pacers do not guarantee that every eligible individual who wishes to participate in a Pacers Challenge will be able to do so. Pacers Challenge judging will be done onsite in a manner designated by Pacers. All Contestants must complete the Pacers Challenge in the sequence presented by Pacers. Only basketball(s) in the designated area that are provided by Pacers will be used for the Pacers Challenge.
For all Pacers Challenges, each Contestant will participate in the manner and according to the rules, procedures, tiebreakers, and conditions set forth herein and as specified by Pacers in its sole discretion. All details regarding the mechanics, judging, other rules, procedures and conditions for participation in a respective Pacers Challenge will be determined by Pacers (in its sole discretion) and will be listed on the App or provided by the Pacers onsite prior to the start of the applicable Pacers Challenge. Only basketball(s) in the designated area that are provided by the Pacers will be used for the respective Pacers Challenge.
Any disputes (including but not limited to eligibility, Pacers Challenge rules, Pacers Challenge clock malfunctions, etc.) will be resolved by the Pacers (or a representative designated by the Pacers for the Pacers Program), whose decisions shall be final, conclusive and binding.
The Pacers and/or the NBA Entities reserve the right, in their sole discretion, to void any entries of Contestants whom the Pacers and/or NBA Entities believes have attempted to tamper with or impair the administration, security, fairness or proper play of this Pacers Program or is in violation of these Official Rules. Each Contestant agrees that the Pacers and/or NBA Entities will have sole responsibility for resolving any disputes and rules violations that may arise in connection with the Pacers Program and all decisions are final and binding. The Pacers and/or NBA Entities reserve the right to modify these Official Rules for clarification purposes.
Pacers Challenge Semi-Finals: After the conclusion of the Program Period, two (2) Semi-Finalists will be selected as determined by Pacers (one (1) Semi-Finalist will be selected from among all eligible Pacers Challenge entries via the App and one (1) Semi-Finalist will be selected from among all eligible in-person Pacers Challenge entries). The Semi-Finalists will participate in a Semi-Finals round of the Pacers Challenge in-person during the Indiana Pacers home basketball game on January 8, 2020 (date subject to change in Pacers’ sole discretion). The Semi-Finals round of the Pacers Challenge judging will be done onsite in a manner designated by Pacers. All Semi-Finalists must complete the Semi-Finals round of the Pacers Challenge in the sequence presented by Pacers. Only basketball(s) in the designated area that are provided by Pacers will be used for the Semi-Finals round of the Pacers Challenge. There will be one (1) winner of the Semi-Finals round of the Pacers Challenge and that winner will be deemed the Finalist.
For the Semi-Finals round of the Pacers Challenges, each Semi-Finalist will participate in the manner and according to the rules, procedures, tiebreakers, and conditions set forth herein and as specified by Pacers in its sole discretion. All details regarding the mechanics, judging, other rules, procedures and conditions for participation in the Semi-Finals round of the Pacers Challenge will be determined by Pacers (in its sole discretion) and will be provided by the Pacers onsite prior to the start of the applicable Pacers Challenge. Only basketball(s) in the designated area that are provided by the Pacers will be used for the Semi-Finals round of the Pacers Challenge.
Winner Verification/Documentation Requirement: At the conclusion of the Semi-Finals round of the Pacers Challenge, one (1) Finalist will be selected as determined by the Pacers. Once the Finalist is determined (“Finalist”) he/she will be required to execute an Affidavit of Eligibility and Release attesting to the fact that he/she is 14 years of age or older, as well as other terms and conditions as designated by Pacers and consent to the use of his/her likeness, in the time period specified by Pacers. In the event a potential Finalist is a minor his/her parent must complete the required paperwork. Any potential guest (the “Guest”) will also be required to execute and return a Guest Release and consent to the use of his/her likeness, in the time period specified by Pacers. If the potential Guest is a minor child or legal ward of the Finalist, the Finalist will be required to execute the Guest Release and consent to the use of Guest’s likeness (unless prohibited by law) on such Guest’s behalf. Failure to comply with these Official Rules or to execute the above stated documents may result in disqualification and, at the Pacers’ sole discretion, the applicable prize may be awarded to the next runner-up from the applicable Pacers Challenge. This process may be repeated if the next runner-up is ineligible at any point throughout the Program Period including up to dates of travel. If any Finalist is a minor they will be required to bring a parent or legal guardian on the trip awarded. Released Parties are not responsible for lost, late, stolen, undelivered, delayed, damaged, postage-due or misdirected mail or email. Noncompliance with the foregoing, with these Official Rules, the inability to contact a potential Finalist within a reasonable time period or any notification being returned as non-deliverable may result in disqualification and, at the Pacers’ discretion, a runner-up winner may be notified (at the sole discretion of Pacers).
COMPETITIONS: There will be one (1) Finalist selected as the winner of the Pacers Challenge. This Finalist will be flown (if necessary, as determined by Pacers and/or the NBA Entities in their sole discretion) along with the up to thirty (30) other Finalists to Chicago, IL (as described further in the Prizes section below) where they will have the opportunity to compete in the Competition. In the event that any Finalist is a minor his/her parent/legal guardian will need to accompany the minor as his/her Guest on the Trip (as described further in the Prizes section below). If Finalist is unable to attend the event for any reason, the Pacers and NBA Entities reserve the right to make a substitution or alter the Pacers Challenge and/or Competition at their sole discretion and no additional compensation will be awarded to the respective Finalist.
For all Competitions, each Finalist will participate in the manner and according to the rules, procedures, tiebreakers, and conditions specified by NBA Entities in their sole discretion. Official Rules for the Competition(s) are the sole responsibility of the NBA Entities and will be provided to all Finalists by the NBA Entities. All details regarding the mechanics and other rules, procedures and conditions for participation in the Competition will be determined by the NBA Entities (in their sole discretion) and will be provided immediately prior to the start of the applicable Competition. All judging for each Competition will be done onsite.
Any disputes (including but not limited to eligibility, Competition rules, event clock malfunctions, etc.) will be resolved by the NBA Entities (or the supervising staff designated by the NBA Entities for the Competition), whose decisions shall be final, conclusive and binding. All Finalists must complete the Competition in the sequence presented by the NBA Entities. Only basketball(s) in the designated area that are provided by the NBA Entities will be used for the Competition.
Details regarding the Competition will be provided to Finalists by the NBA Entities at a time and location designated by the NBA Entities. At the conclusion of the Competition the Finalist with the highest score as designated by the NBA Entities, will be named the 2019-20 NBA Hotshot Challenge Champion (“Grand Prize Winner”) of the Program.
Ownership of Videos, Photographs, and Footage: Contestants who participate in any part of the Program (including the Pacers Challenge and Competition) may be videotaped and photographed during their participation (collectively, “Footage”) and by participating, agree to such videotaping and photographs. All Footage will be owned by the Pacers and NBA Entities, which will have the right to use, edit, adapt, post, stream, copy and exploit such Footage, and all elements embodied therein, including any names, voices, likenesses and performance embodied therein, in any and all media, now or hereafter devised, without further payment or consideration, notification or permission, worldwide and in perpetuity, except where prohibited by law. Without limiting the foregoing, by entering the Program and without limiting any other rights granted hereunder, each Contestant hereby grants permission for the Footage (as applicable) to be posted on any Released Parties’ site or other websites and social media channels.
Other Restrictions: Contestants will only be eligible for one (1) Finalist prize regardless of the entry method. Noncompliance with the foregoing or with these Official Rules may result in disqualification and all associated entries will be void. Each Contestant agrees that Released Parties are not responsible for any unauthorized use of videos and/or Footage by third parties. The use of script, macro or any other device to automate or subvert the entry process is prohibited and any such entries will be void.
Other than for prize notification or for Program related emails, neither Pacers, the NBA Entities, nor anyone acting on their behalf, will enter into any communications with any Contestant regarding this Program or acknowledge any entry not meeting all entry requirements stated herein and all such entries will be void. Released Parties are not responsible for incomplete, lost, late, inaccurate, delayed, undelivered, garbled, stolen, damaged or misdirected entries, sign ups, (or any component thereof), inaccurate Program-related information provided by Sponsors or for interrupted or unavailable network, server, cable, satellite, Internet Service Provider (ISP), wireless or other connections, miscommunications, computer or software malfunctions or telephone line, cellular tower, or transmission problems or technical failures, garbled transmissions, damage to a user's computer equipment (software or hardware) or other errors or malfunctions of any kind whether caused by equipment, programming used in this Program, mechanical, electronic, network, technical or human error or otherwise relating to or in connection with the Program, including, without limitation, errors which may occur in connection with the administration of the Program, the processing or judging of entries, the uploading of videos, the cancellation or postponement of any Challenge, the tabulation of votes and/or the taping of onsite entries, the announcement of the prizes or in any Program-related materials. Released Parties reserve the right, in their sole discretion, to void suspect entries, to modify, cancel, terminate or suspend the Program (or portion thereof) should virus, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness or proper play of the Program and, in the event of such cancellation or termination, at their discretion, determine the winner(s), Finalist(s) and/or Contestant(s) for the applicable portion(s) of the Program from all eligible non-suspect entries received prior to event requiring cancellation or termination using the judging procedure stated herein. By participating, Contestants agree to abide by these Official Rules and the decisions of the Pacers, NBA Entities and/or judges, which shall be final and binding.
PRIZES: Up to thirty-one (31) Finalist Prizes/One (1) Finalist for each team market and (1) finalist from non-team market: The winning Finalist selected at the Pacers Challenge will receive a 3-night trip for two people (the Finalist (plus one (1) Guest) to the Competition that will take place during the NBA All-Star 2020 in Chicago, IL in February 2020. The prize awarded to the Finalist is the Trip, which will consist of round-trip coach air transportation on a Pacers-selected carrier for two (2) people (Finalist and Guest) between the major airport nearest to Finalist’s residence in the U.S. or Canada and an airport in or around Chicago, IL ($200/ticket value; $500 total value), three (3) nights standard double-occupancy hotel accommodations (meals, telephone calls, tips and other incidentals and costs are not included) ($1,000 value), and two (2) tickets to select NBA All-Star 2020 events in Chicago, IL in February 2020 ($750/ticket value; $1,500 total value) (Approximate Retail Value ("ARV") of Trip Prize package=$3,000USD). Actual prize value will vary depending on winner's city of departure. Pacers, in its sole discretion, reserve the right to provide ground transportation in place of air transportation if winner lives within a reasonable driving distance of Chicago, IL as determined by Pacers, and to award no additional compensation or substitution for the difference in prize value. Travel and hotel arrangements determined by Pacers in its sole discretion and must be made through Pacers, on a carrier of the Pacers’ choice. Trip must be taken on dates and times designated by Pacers or prize will be forfeited in its entirety and may be awarded to an alternate winner. Pacers reserves right to change dates. Finalist and Guest must travel together on the same itinerary. Guest must be of legal age of majority in his/her jurisdiction of residence (and at least 18) unless child or legal ward of Finalist. If the Competition is canceled or postponed for any reason, Pacers and/or the NBA Entities may substitute the prize (or portion thereof) with one of comparable or greater value, at their sole discretion. Finalist and Guest must comply with arena rules and regulations at all events related to this Program. Failure to do so may result in forfeiture of applicable prize element. Exact seat locations at the designated NBA All-Star 2020 events to be determined by the NBA Entities in their sole discretion. All other prize details relating to the Trip awarded to Finalist are at Pacers’ sole discretion. Certain travel restrictions may apply.
One (1) Grand Prize: One (1) Grand Prize Winner will be selected at the Competition. The Grand Prize Winner will receive a prize package consisting of: a) One (1) Trophy (ARV=$100USD); and b) One (1) NBA All-Star 2021 experience consisting of round-trip coach air transportation on a carrier selected by the NBA Entities for two (2) people (Grand Prize Winner and Guest) between the major airport nearest to Grand Prize Winner’s residence in the U.S. or Canada and an airport in or around Indianapolis, IN ($250/ticket value; $500 total value), three (3) nights standard double-occupancy hotel accommodations (meals, telephone calls, tips and other incidentals and costs are not included) ($1,000 value), and two (2) tickets to select NBA All-Star 2021 events in Indianapolis, IN in February 2021 ($750/ticket value; $1500 total value) (ARV of Grand Prize Trip Prize package=$3,000USD). Actual prize value will vary depending on winner's city of departure. The NBA Entities, in their sole discretion, reserve the right to provide ground transportation in place of air transportation if winner lives within a reasonable driving distance of the NBA All-Star 2021 as determined by the NBA Entities, and to award no additional compensation or substitution for the difference in prize value. Travel and hotel arrangements determined by the NBA Entities in their sole discretion and must be made through the NBA Entities’ agent, on a carrier of the NBA Entities’ choice. Trip must be taken on dates and times designated by the NBA Entities or prize will be forfeited in its entirety and may be awarded to an alternate winner. The NBA Entities reserve right to change dates. Grand Prize Winner and his/her Guest must travel together on the same itinerary. Guest must be of legal age of majority in his/her jurisdiction of residence (and at least 18) unless child or legal ward of Grand Prize Winner. The Guest of Grand Prize Winner will be required to execute and return a Liability Release and (unless prohibited by law) Publicity Release prior to the issuance of travel documents and other prize materials. If the Guest is a minor child or legal ward of the winner, the winner will be required to execute the Liability Release and Publicity Release (unless prohibited by law) on his/her behalf. If the Competition is canceled or postponed for any reason, the NBA Entities may substitute the prize (or portion thereof) with one of comparable or greater value, at their sole discretion. Winner and Guest must comply with arena rules and regulations. Failure to do so may result in forfeiture of applicable prize element. Exact seat locations at the designated NBA All-Star 2021 events to be determined by the NBA Entities in their sole discretion.
Total ARV of all prizes in the Program will not exceed: $96,100USD. All prize details relating to the Competition are at the NBA Entities’ sole discretion. All prize details relating to the Pacers Challenge are at the Pacers’ sole discretion.
MISCELLANEOUS: Finalists (or, if a minor, their parent or legal guardian) and Grand Prize Winner (or, if a minor, his/her parent or legal guardian) are responsible for all federal, state, provincial, and local taxes, including but not limited to any applicable income or withholding taxes, or like fees and all other costs and expenses associated with prize acceptance and use not specified herein as being provided including, if selected as a Finalist, luggage fees, ground transportation, meals, gratuities and souvenirs. No transfer, assignment, or substitution of prizes except by Pacers or NBA Entities, as applicable, which may substitute a prize (or portion thereof) with one of comparable or greater value, at their sole discretion. Each Contestant agrees that by participating in this Program: (1) the NBA Entities and Pacers shall each have the right and permission to use (unless prohibited by law) each Contestants’ name, voice, city and state of residence, photograph and/or likeness, user generated content for advertising and/or trade and/or any other purpose in any media now or hereafter known without further compensation, permission, authorization or notification to Contestant, and (2) the Released Parties and their designees and assigns and all of their respective officers, directors, employees, representatives and agents shall have no liability for, and such Contestant will release and hold harmless the Released Parties from, and indemnify the Released Parties against, any claim, liability, loss, injury or damage, including but not limited to, personal injury, death or damage to any Contestant or any other person or entity, personal or real property, due in whole or in part, directly or indirectly, by reason of such Contestant’s participation in this Program, the use of any entry for the Program by the Released Parties or such Contestant’s acceptance and/or use or use of any prize (including any travel or activity related thereto) or any of the rights granted herein. By entering, each Contestant agrees to follow these Official Rules and forever releases, discharges and waives any and all claims, liabilities and actions of any kind, howsoever caused or arising and whether by negligence, any intentional act or otherwise, that entrant may have or that may arise against the Released Parties, with respect to or arising out of either (i) Contestant’s participation; or (ii) the receipt or use of the prizes (including but not limited to the substitution or changing of any prizing) awarded in this Program. By entering, each Contestant further agrees to defend, indemnify and hold harmless the Released Parties and their insurers against any and all damages, costs, judgments, and/or expenses (including but not limited to attorneys’ fees and/or other legal fees) they may incur as a result of claims made against them in connection with either (i) entrant’s participation; or (ii) the receipt or use of the prizes (including but not limited to the substitution or changing of any prizing) awarded in this Program. NBA Entities and Pacers are not responsible for any inability of the Grand Prize Winner and/or Finalists to accept a prize and reserve the right, at their sole discretion, to disqualify or eliminate any Finalist who is unable to travel on the dates specified by Pacers or is otherwise not in compliance with these Official Rules. CAUTION: Any attempt to deliberately damage the App or undermine the legitimate operation of this Program is a violation of criminal and civil laws and should such an attempt be made, Pacers reserve the right to seek damages (including attorneys’ fees) and/or other remedies from any such person(s) responsible for the attempt to the fullest extent permitted by law.
Pacers reserves the right to conduct a background check of any and all records of Finalist/Guest, including without limitation, civil and criminal court records and police reports. To the extent necessary under law, Finalist/Guest shall authorize this background check. Pacers may also take all steps necessary to corroborate any information provided to Pacers by Finalist/Guest in his/her interview. In that regard, Finalist/Guest will be obligated to provide necessary contacts and information so that Pacers may conduct such investigation. Pacers reserves the right (at its sole discretion) to disqualify the Finalist/Guest from any prize element, based on the background check.
Finalists may be required to submit to a confidential background check to confirm eligibility and ensure the use of any such person in advertising, promotion or publicity, will not pose a security threat or bring Released Parties into public disrepute, contempt, scandal or ridicule or reflect unfavorably on Released Parties as determined by Pacers in its sole discretion, and, in such event, the prize may be forfeited.
ARBITRATION: Except where prohibited by law and except as it relates to the Pacers Program, as a condition of participating in this Program, Contestant agrees that (1) any and all disputes and causes of action arising out of or connected with this Program, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held in New York County, New York; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction.
Except where prohibited by law and only as it relates to the Pacers Program, as a condition of participating in the Pacers Program as part of this Program, Contestant agrees that (1) any and all disputes and causes of action arising out of or connected with this Programs, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held in Indianapolis, Indiana; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction.
Under no circumstances will Contestant be permitted to obtain awards for, and Contestant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than Contestant's actual out-of-pocket expenses (i.e., costs associated with participating in this Program), and Contestant further waives all rights to have damages multiplied or increased.
CHOICE OF LAW: Except as it relates to the Pacers Program, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Contestant and Sponsors in connection with the Program, shall be governed by, and construed in accordance with, the substantive laws of the State of New York, USA. Only as it relates to the Pacers Program, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Contestant and Pacers in connection with the Program, shall be governed by, and construed in accordance with, the substantive laws of the State of Indiana, USA.