PRIZED CHALLENGE – OFFICIAL RULES
Last revised: July 7, 2019
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NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. CHALLENGE PERIOD: Each Prized Challenge (“Challenge”) begins and ends on the dates and times specified in the individual challenge description page (the “Challenge Period”).
2. ELIGIBILITY: The Challenge is open to all HomeCourt users residing in the United States who are either (a) at least 13 years old who have been authorized to enter the Challenge by their parents or legal guardians, or (b) at least 18 years old (the “Entrant”). NEX Team Inc. (“Sponsor”), and their respective parents, subsidiaries, affiliates, collaborators, distributors, retailers, sales representatives, advertising and promotion agencies (the “Challenge Entities”) and each of their respective officers, directors, employees, affiliates and agents are ineligible to enter the Challenge or win a prize. Household Members and Immediate Family Members of such individuals are also not eligible to enter or win. “Household Members” shall mean those people who share the same residence at least three months a year. “Immediate Family Members” shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. This Challenge is subject to all applicable federal, state and local laws and regulations and is void where prohibited or restricted by law.
3. AGREEMENT TO RULES AND RIGHT OF PUBLICITY RELEASE: By participating in the Challenge, each Entrant (if a minor, together with the Entrant’s parent or legal guardian) unconditionally accepts and agrees (a) to comply with and abide by these Official Rules, (b) to comply with and abide by the decisions of Sponsor, which shall be final and binding in all respects, and (c) that Sponsor and its assigns, licensees, successors and designees may use the Entrant’s name, city/state of residence, image, voice, appearances and likeness as embodied in the Entrant’s HomeCourt profile, Entry and workout video(s) or otherwise, the Entrant’s Entry (if applicable) and /or profile picture for all their advertising, trade, promotional, marketing and/or any other purpose in any media or format throughout the world now or hereafter known without further compensation (financial or otherwise), permission or notification.
4. PRIZES: Number of winners, prize(s) and their respective approximate retail value (“ARV”) are as outlined in the individual challenge description page.
Gift cards and gift certificates are subject to the terms and conditions of the issuer. Prizes cannot be transferred, redeemed for cash or substituted by winner. Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if a prize described in these Official Rules is unavailable or cannot be awarded, in whole or in part, for any reason. The ARV of the prize represents Sponsor's good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the prize turns out to be less than the stated ARV, the difference will not be awarded in cash. Sponsor makes no representation or warranty concerning the appearance, safety or performance of any prize awarded. Restrictions, conditions, and limitations may apply. Sponsor will not replace any lost or stolen prize items.
This Challenge is open to only legal residents of the United States and the prize(s) will only be awarded and/or delivered to addresses within said locations. All federal, state and/or local taxes, fees, and surcharges are the sole responsibility of the prize winner. Failure to comply with the Official Rules will result in forfeiture of the prize.
5. HOW TO ENTER: The Challenge must be entered during the Challenge Period by following the instructions stated in the individual challenge description page. The maximum number of entries each Entrant may submit is as stated in the individual challenge description page.
Entries that (a) are not complete, (b) do not adhere to the rules, instructions or specifications (as stated in these Official Rules or in the individual challenge description page) or (c) are submitted by individuals who do not meet the eligibility requirements stated in these Official Rules may be disqualified at the sole discretion of Sponsor. Automated or robotic Entries submitted by individuals or organizations will be disqualified. Any challenge attempt must be made by the Entrant. Any attempt by Entrant to obtain more than the permissible number of entries by using multiple/different email addresses, identities, registrations, logins or any other methods, including, but not limited to, commercial contest/sweepstakes subscription notification and/or entering services, will void Entrant's Entries and that Entrant may be disqualified. Sponsor's database clock will be the official timekeeper for this Challenge.
6. WINNER SELECTION: Winner(s) will be selected in the manner described in the individual challenge description page. Decision by the Sponsor or its designated representatives is final. Odds of winning will vary depending on the number of eligible Entries received.
7. WINNER NOTIFICATION: Winner(s) will be notified by (a) email at the same email address through which they register with HomeCourt and/or (b) in-app message approximately 48 hours after the winner determination. Potential Winner must accept a prize by email or in-app message as directed by Sponsor within 7 calendar days of notification. Sponsor is not responsible for any delay or failure to receive notification for any reason, including inactive email account(s), technical difficulties associated therewith, or Winner’s failure to adequately monitor any email account. Any winner notification not responded to within the stipulated time frame or returned as undeliverable may result in prize forfeiture and an alternate winner may be selected.
Award of prize is conditional upon a potential winner’s accepting, signing and returning of a form of declaration of eligibility, liability release and publicity release as provided by the Sponsor. Failure to timely return these declaration and releases as required may result in prize forfeiture and an alternate winner may be selected.
The receipt by winner of the prize offered in this Challenge is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (DETERMINED AT SPONSOR'S SOLE DISCRETION) WILL RESULT IN SUCH WINNER'S DISQUALIFICATION AS WINNER OF THE CHALLENGE AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. PRIVACY: Any personal information supplied by the Entrant will be subject to the privacy policy of Sponsor posted at https://www.homecourt.ai/legal/privacy. By entering the Challenge, the Entrant grants Sponsor permission to share the Entrant’s email address and any other personally identifiable information with the Challenge Entities for the purpose of administration and prize fulfilment.
9. LIMITATION OF LIABILITY: Sponsor assumes no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Challenge; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, camera, computers or providers utilized in any aspect of the operation of the Challenge; (d) inaccessibility or unavailability of any network or wireless service, the Internet or website or any combination thereof; (e) suspended or discontinued Internet, wireless or landline phone service; or (f) any injury or damage to participant's or to any other person’s computer or mobile device which may be related to or resulting from any attempt to participate in the Challenge or download of any materials in the Challenge.
If, for any reason, the Challenge is not capable of running as planned for reasons which may include without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Challenge, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Challenge in whole or in part. In such event, Sponsor shall immediately suspend all winner determination and prize awards, and Sponsor reserves the right to award any remaining prizes (up to the total ARV as set forth in these Official Rules) in a manner deemed fair and equitable by Sponsor. Sponsor and Challenge Entities shall not have any further liability to any participant in connection with the Challenge.
10. WINNER LIST/OFFICIAL RULES: These Official Rules are available at https://www.homecourt.ai/legal/pcr3. To obtain a physical copy of the Winner List or these Official Rules, send your request along with a stamped, self-addressed envelope to NEX Team Inc. at 75 E Santa Clara St, Floor 6, San Jose, CA 95113. Requests for the names of the winners must be received no later than one (1) year after the Challenge Period has ended.
11. SPONSOR: The Sponsor of the Challenge is NEX Team Inc. at 75 E Santa Clara St, Floor 6, San Jose, CA 95113. Sponsor is responsible for the collection, submission or processing of Entries and the overall administration of the Challenge. For any questions relating to the Challenge, please contact Sponsor at support@homecourt.ai.
12. NBA CONTEST: If the Challenge is designated as an “NBA Contest” in the individual challenge description page, the Challenge is subject to the following additional terms:-
(a) For the purpose of this Section, “NBA Entities” mean NBA Properties, Inc., the National Basketball Association (“the NBA”), and the NBA member teams collectively.
(b) The “Challenge Entities” as defined in Section 2 above specifically include the NBA Entities.
(c) The NBA Entities and each of their respective parent companies, subsidiaries, affiliates, officers, directors, employees, governors, owners, distributors, retailers, agents, assignees, advertising/promotion agencies, representatives, and agents shall have no liability and will be released and held harmless from any claim, action, liability, loss, injury or damage, including, without limitation, personal injury or death to any Entrant or any third party or damage to personal or real property due in whole or in part, directly or indirectly, by any reason, including the acceptance, possession, use or misuse of the prize and/or participation in the Challenge.
(d) Each Entrant (if a minor, the Entrant’s parent or legal guardian) agrees that the NBA Entities and their designees and assigns may use the Entrant’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 any other purpose in any media or format now or hereafter known without further compensation (financial or otherwise), permission or notification.