New York Liberty “Wal-Mart Community Playmaker” Contest
NO PURCHASE NECESSARY TO ENTER OR WIN.
Eligibility: Nominations can only be submitted by and for individuals who are legal U.S. residents of New York, New Jersey and Connecticut, at least eighteen (18) years of age at the time of entry, and who reside within a 75-mile radius of the arena at Madison Square Garden (the “Arena”). For the purpose of these Official Rules, the “Nominator” is the individual who submitted the nomination and the “Nominee” is the subject of the submitted nomination; both Nominator and Nominee may also be referred to herein as “participants.” The Nominee must also be someone with whom the Nominator is personally acquainted, and Nominator must have Nominee’s permission to nominate him/her. Employees, temporary workers, freelancers and independent contractors of New York Liberty, LLC (the “Liberty” or “Sponsor”), Wal-Mart Stores, Inc. (“Wal-Mart”), MSG Sports & Entertainment, LLC (“MSG”), the Women’s National Basketball Association and its member teams, WNBA Enterprises, LLC (collectively, “WNBA Entities”) and any of their respective parent companies, affiliates, advertising/promotion agencies and prize providers, and members of the immediate family (spouse and parents, children and siblings and their respective spouses, regardless of where they reside) and household members, whether or not related, are not eligible to participate. This Contest is subject to all applicable federal, state, and local laws and regulations. Void outside the area stated and where prohibited by law.
How to Participate: Visit http://www.wnba.com/Liberty/communityplaymakers between 12:00:01PM Eastern Time (“ET”) on April 26, 2017 and 11:59:59PM ET on August 29, 2017 (“Nomination Period”). One (1) winner will be selected prior to each of the following home games (“Participating Games”):
• May 18, 2017 • June 2, 2017 • June 4, 2017
• June 7, 2017 • June 11, 2017 • June 23, 2017
• July 14, 2017 • July 16, 2017 • July 19, 2017
• August 8, 2017 • August 13, 2017 • August 20, 2017
• August 25, 2017 • August 27, 2017 • September 1, 2017
Nominations (as defined below) must be received by 11:59:59PM ET at least two (2) days prior to the date of any Participating Game to be considered for that Participating Game.
Submit honest responses to each prompt on the online nomination form telling us about the Nominee’s commitment of service to his/her community, what the Nominee has done to significantly contribute to and/or impact his/her community, and why the Nominee deserves to receive the prize (“Nomination”). You cannot nominate yourself. Nomination must be submitted in English. Once you complete and submit your Nomination, it is final and may not be modified or edited further. A Nominator may submit more than one (1) Nomination provided each Nomination is for a different Nominee. A Nominee may be nominated more than once by different Nominators. The same Nominator cannot nominate the same Nominee more than one (1) time.
Incomplete Nominations will be disqualified; however, 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. Sponsor reserves the right, in its sole discretion, to void any and all Nominations of a Nominator who submits more than one Nomination using multiple/different addresses, identities, or any other methods, or who Sponsor believes has attempted to tamper with, influence or impair the administration, security, fairness, or proper administration of this Contest. Proof of entering information is not considered proof of delivery to or receipt by Sponsor of a Nomination. Any use of robotic, automatic, programmed method or any other method which subverts the Nomination process will void all such Nominations by such methods. All Nominations become the property of Sponsor.
Grant of Rights: By participating, participants grant to Sponsor, Wal-Mart, MSG, the WNBA Entities and their designees a non-exclusive, worldwide, royalty-free, perpetual, unrestricted, irrevocable and fully sublicensable right and license to consider, disclose, use, re-use, reproduce, modify, digitize or enhance, adapt, change, edit, publish, translate, create derivative works based upon, distribute, redistribute, and/or display the Nomination (in whole or in part) and/or incorporate all or part of Nomination in other works all in a manner and in any form, format, or media now known or hereafter devised anywhere in the world at any time, as well as in connection with any distribution or syndication arrangement with third parties or third-party sites, in any media format or medium and through any media channels now known or hereafter devised and for any purpose, including but not limited to for advertising and promotion, without further notice or compensation to or permission from participants or any third party. Sponsor, Wal-Mart, MSG, the WNBA Entities and their designees have the right to use any and all Nominations, and any and all elements appearing in the Nomination, including but not limited to names, likenesses, symbols and phrases of any kind for future advertising, marketing, commercial, promotion and publicity in any manner and in any medium now known or hereafter devised throughout the world in perpetuity without further notice or compensation to or permission from Nominator. Participants waive any and all “moral rights” they may have in the Nomination.
Sponsor is in no way obligated to use any Nomination and Nominator may or may not be given any credit or attribution if the Nomination is subsequently used or the Nominator’s Nominee is declared a winner. Participants agree to waive all claims to receive any royalties of any kind now or in the future from Sponsor, Wal-Mart, MSG, the WNBA Entities and their designees for any use of any Nomination, including copyright or trademark royalties and Nominator represents, warrants and agrees that no other party is entitled to claim any royalties from the use of the Nomination as set further in these full Official Rules.
By submitting a Nomination, Nominator represents and warrants that (i) he/she has permission from the Nominee to submit the Nomination; (ii) the Nomination is original and is Nominator’s own work and does not infringe or violate any third party’s copyright, trademark, patent, trade secret, defamation, privacy, publicity, false light, idea misappropriate or any contractual rights or any other rights; (iii) the Nomination is true, accurate and verifiable and is an expression of his/her personal experience and/or belief; (iv) Nominator has not copied or used other works of others in the Nomination without permission or right to do so; and (v) no other persons other than Nominator and Nominee have any right, title or interest in any part of the Nomination. Sponsor reserves the right to require proof of statements made in Nomination in a form acceptable to Sponsor. Failure of Nominator and/or Nominee to provide proof of statements in a form requested by Sponsor may result in disqualification.
Nominations may not contain any image or depiction of the following: (i) materials which include or constitute trademarks, trade names or copyrighted works created or owned by any person or entity other than Nominator or for which the Nominator has not obtained owner’s permission to use; (ii) materials bearing profanities or that are lewd, obscene, pornographic, disparaging, indecent or that are otherwise deemed to be inappropriate by Sponsor; (iii) materials which bear the name or likeness of any celebrity, living or dead, or which contain visibly identifiable or potentially identifiable information including but not limited to phone numbers, website links, street addresses, email addresses or license plate numbers; (iv) inappropriate behavior for a general audience; (v) materials which violate anyone’s reasonable privacy expectations, violate any known agreement, or which are defamatory in nature; (vi) violence in any form; (vi) materials which are derogatory to Sponsor, Wal-Mart, MSG, the WNBA Entities, their products or services or any affiliated entity or person; (viii) materials which are discriminatory based on race, religion, national origin, physical disability, age, sex, or sexual orientation or preference; and (ix) materials which do not comply with all other requirements in these Official Rules. Nominations which do not conform to these guidelines will be disqualified. Sponsor reserves the right to reject or disqualify any Nomination that Sponsor, in its sole and absolute discretion, determines to be inconsistent with the letter or spirit of the Official Rules or the Contest or potentially damaging to its, the Contest’s, or another’s image or reputation.
Contest Judging: All eligible Nominations received by the deadline for each Participating Game will be judged by a panel of qualified judges, whose decisions are final and binding, to determine the winner using the following criteria:
1. The Nominee’s commitment of service to his/her local community: 30%;
2. What the Nominee has done to significantly contribute to and/or impact his/her local community: 30%;
3. Reasons expressed by Nominator as to why Nominee deserves to receive the prize: 30%; and
4. Articulation/Persuasiveness of Nomination: 10%.
In the event of a tie, the judges will determine the winner for each Participating Game based on the contribution of the Nominee’s community-driven activities and accomplishments within their local community. Sponsor reserves the right to not award the prize for all or any Participating Game if, in its sole discretion, it receives an insufficient number of eligible and qualified Nominations. For the avoidance of doubt, the Nominee and not the Nominator will be deemed the “winner”. Non-winning Nominations from one Participating Game will be included in the judging for subsequent Participating Games. Judging scores will not be revealed. The decisions of the Sponsor and judges are final and binding in all matters.
Winner Notification/Conditions: One (1) potential winner for each Participating Game will be notified by telephone, mail and/or email and may be required to complete an Affidavit of Eligibility, Liability and Publicity Release (unless prohibited by law) and any other documents required by Sponsor, which must be returned within the time period specified in the notification. Return of prize or prize notification as undeliverable, failure to sign and return requested documentation by a potential winner within the specified time period, the inability of Sponsor to contact a potential winner within a reasonable time period or noncompliance with these Official Rules by any potential winner will result in disqualification and, at Sponsor’s sole discretion, the prize may be awarded to a runner-up, time permitting. Each winner must agree not to release any publicity or other materials on their own or through someone else regarding their participation in the Contest without the prior consent of the Sponsor, which it may withhold in its sole discretion. Each winner must agree that upon receipt of winning a prize (except where prohibited) Sponsor, Wal-Mart, MSG and the WNBA Entities may use winner’s name, city and state of residence, picture, portrait, likeness and voice, biographical information and content of Nomination for advertising, promotional and other purposes, in any and all media, including but not limited to on the Liberty’s websites and social media channels, now or hereafter devised, in any manner, worldwide, in perpetuity, without further compensation, notification or permission. By accepting the prize, each winner consents to being photographed and/or interviewed on camera (live or taped) by Sponsor.
Prize & Approximate Retail Value (“ARV”): Contest Grand Prize (seven (7) total; one (1) for each Participating Game): Each winner will receive: (i) four (4) tickets to the applicable Participating Game at which he/she will receive on-court recognition during the game (one (1) for the winner and three (3) for three guests of the winner’s choosing) and (ii) a $100 Wal-Mart gift card. ARV for each Participation Game winner: $400. Transportation to/from the Arena is not included as part of Prize. Gift card and tickets are subject to terms and conditions specified by issuers. Seat locations will be determined by Sponsor. Winners and guests must comply with all venue rules and regulations. Failure to do so may result in forfeiture of prize. If, for whatever reason, the game is cancelled or postponed and/or Sponsor is unable to provide any other prize component, no compensation or substitution will be provided; however, remainder of prize will be awarded and Sponsor will have no further obligation to winner. Prize is awarded “as is” with no warranty or guarantee, either express or implied. Winner may not substitute, assign or transfer a prize or redeem a prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute a prize (or portion thereof) with one of comparable or greater value. Winners are responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided. All prize details are at Sponsor’s sole discretion. Limit one (1) prize per person. Nominator will not win a prize.
Limitation of Liability: Participants agree to release, indemnify and hold harmless Sponsor, Wal-Mart, MSG, the WNBA Entities and their respective parent companies, affiliates, advertising/promotion agencies and prize providers and all of their respective officers, directors, agents, employees and representatives (collectively, “Released Parties”) for any damage, loss or liability to person or property, due in whole or part, directly or indirectly, by reason of the acceptance, possession, use or misuse of a prize or participation in this Contest or Released Parties’ use of any Nomination. Any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and in no event will a participant receive attorneys’ fees or other legal costs. Sponsor reserves the right, in its sole discretion, to modify, cancel or suspend part or all of this Contest for any reason, including but not limited to; non-authorized human intervention, fraud, or other causes that corrupt or impair the administration, security, fairness or proper play of the Contest. If terminated, a notice will be posted online and Sponsor may, at its discretion, select winners from all non-suspect, eligible Nominations received prior to action taken using the judging procedure set forth herein or as otherwise deemed fair and appropriate by Sponsor. Failure to comply with these Official Rules may result in disqualification.
Released Parties are not responsible for lost, late, incomplete, illegible, incorrect, damaged, delayed, garbled, undelivered, or misdirected Nominations; 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 Nominations, the announcement of the prize 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 Nominations will be void. In the event of a dispute as to the identity or eligibility of the Nominator, the Nomination will be declared made by the Authorized Account Holder of the e-mail address provided at the time of Nomination and he/she must comply with these Official Rules. “Authorized Account Holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provided, online service provider or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Winners’ Names: For a list of the winners’ names (available after September 1, 2017), send a stamped, self-addressed envelope for receipt by October 1, 2017 to New York Liberty “Wal-Mart Community Playmaker” Contest Winners List, 2 Penn Plaza, 14th Floor, New York, NY 10121.
Sponsor: New York Liberty, LLC, 2 Penn Plaza, New York, NY 10121.