OFFICIAL RULES AND REGULATIONS
1. ELIGIBILITY. NO PURCHASE IS NECESSARY TO ENTER OR CLAIM A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING: The Earn Chuck’s Bucks Contest (“Contest”) is open to all legal residents of the 50 United States and the District of Columbia, age 18 years or older, with Internet access as of June 1, 2011, except employees, officers, directors, agents and shareholders (and their immediate families (spouse, parent, child, sibling and their respective spouses) and household members (whether or not related)) of Charles Barkley, Turner Sports Interactive, Inc. (“TSI”) (Charles Barkley and TSI are, 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”). Void wherever prohibited by law. Contest is governed by U.S. law and subject to all applicable federal, state and local laws and regulations. By entering the Contest, entrants agree to accept and be bound by all terms of these official rules (“Official Rules”).
2. HOW TO ENTER: From 10:00:00 a.m. Eastern Time (“ET”) on June 2, 2011 until 11:59:59 p.m. ET on July 18, 2011(the “Entry Period”), Sponsors will conduct a Contest encouraging each entrant to write and submit a description of his/her new business plan for the chance to win a prize. To enter, during the Entry Period an entrant must: (i) log onto the Contest website, located at www.charlesbarkley.com (the “Website”); (ii) complete the online entry form, including his/her name, address, telephone number (including area-code), e-mail address (if any) and birth date; (iii) type (or copy and paste) an original unpublished description, using three thousand nine hundred (3,900) characters or fewer in the space provided, describing his/her new business plan (the “Description”); and (iv) submit using the uploading/entry instructions located on the Website the online entry form and Description (collectively, the “Submission”). To be eligible, each Submission must be received no later than 11:59:59 p.m. ET on July 18, 2011. Submissions must conform to the format rules of the Website. Submissions must be in English. Submissions will not be eligible that contain, as determined by the Sponsors in their sole discretions any content that: (a) promotes pharmaceuticals, politics, pornography, sexual aids, diet aids, gambling or that address any sensitive topic with respect to current events; (b) is sexually explicit or suggestive; (c) is unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; (d) profane or pornographic (e) contains nudity; (f) promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); (g) promotes any activities that may appear unsafe or dangerous; and (h) promotes any particular political agenda or message. Submissions will not be 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 winning Submission.
A. Entrant represents and warrants that: (i) he or she is the sole and exclusive author of the Submission and all rights therein; (ii) he or she has the full and exclusive right, power, and authority to submit the Submission and to grant Sponsors the rights to the Submission herein granted upon the terms and conditions set forth herein; (iii) no part of the Submission has been published or has won previous awards; (iv) no rights in the Submission have been previously granted to any third person, firm, corporation or other entity or otherwise exercised or made use of or encumbered in any way; and (v) his or her Submission does not defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe any person’s personal or property rights or any other third-party rights. Sponsors have the right, but not the obligation, to post all Submissions on the Website during and following the Contest. With respect to the entrant’s Submission, entrant hereby irrevocably grant Sponsors and its designees the non-exclusive, perpetual, worldwide right to use the Submission, 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, in connection with the Contest and related advertising and promotion. Without limiting the generality of the foregoing, entrant agrees that the rights granted hereunder shall include, but not be limited to, the perpetual, worldwide 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, in whole or in part, without any further compensation to entrant or any third party. Entrant may be required to execute any documents necessary to perfect such rights in the Sponsors.
B. Sponsors reserve the right in their sole discretion to disqualify any entrant or Submission at any time if it is determined that the Submission is offensive, inappropriate, not in keeping with any Sponsor’s image or if it is determined that the entrant has not otherwise complied with these Official Rules. The Released Parties (as defined below) are not responsible for misdirected, delayed, incomplete, inaccurate, lost, late, illegible or undeliverable Submissions, ratings, or comments, 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 or problems that may limit or affect a person’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 that may occur in connection with the administration of the Contest, the processing or judging of Submissions, the tabulation of ratings, the announcement of the prize(s) or in any Contest-related materials. In the event of sabotage, acts of God, terrorism or threats thereof, computer virus or other events or causes beyond the Sponsors’ control that 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 below. False or deceptive Submissions or acts will render the entrant ineligible. An entrant hereby acknowledges and agrees that the relationship between entrant and any Sponsor is not a confidential, fiduciary, or other special relationship, and that entrant’s decision to submit his or 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 its 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.
C. By entering this Contest and/or accepting a prize, entrant grants Sponsors and their designees the right, unless prohibited by law, to use his or her name, city and state of residences, voice, performances, picture and likeness (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 world in perpetuity. The potential Grand Prize Winner (as defined in Section 4 below) will be required to execute an affidavit of eligibility, liability release, tax acknowledgment form and, except where prohibited by law, publicity release and return within ten (10) business days of date of issuance of notification. Noncompliance within this time period or failure of such potential Grand Prize Winner to respond to a notification attempt within ten (10) days of such attempt may result in disqualification and, in Sponsors’ discretion, an alternate Grand Prize Winner may be selected. Entrant may be disqualified and, in Sponsors’ discretion, the entrant with the next-highest score 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 or her prize, or (iii) the potential Grand Prize Winner fails to comply with any of the Official Rules as outlined herein. The Contest Entities, and their respective officers, directors, employees and agents (collectively, the “Released Parties”) expressly disclaim any responsibility and entrant agrees to indemnify and hold harmless the Released Parties 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 of the prize awarded, including without limitation any travel or related activity thereto.
D. Sponsors reserve the right to conduct a background check of any and all Finalists (as defined below), including, without limitation, civil and criminal court records and police reports. Entry in the Contest constitutes entrant’s permission for Sponsors to conduct such background check, provided that, to the extent additional authorization is necessary under law, Finalist shall authorize such check. Sponsors reserve the right, in their sole discretion, to disqualify any Finalist that fails to authorize such check or if, based on the results of the background check, Sponsors determine in their sole discretion that awarding a prize to such Finalist (if selected as Grand Prize Winner (as defined below)) might reflect negatively on Sponsors and/or Charles Barkley.
4. HOW TO WIN:
A. FINALISTS: Three (3) finalists (the “Finalists”) will be selected by representatives of Sponsors (the “Judges”) from among all the eligible Submissions received during the Entry Period, based upon the following judging criteria: (i) 25% detail included in and feasibility of Submission; (ii) 25% energy and enthusiasm expressed in the Submission; (iii) 25% creativity of the Submission; and (iv) 25% originality of the Submission (the “Judging Criteria”) on or around August 2, 2011. The three (3) entrants with the highest scores as determined by the Judges in their sole discretion after application of the Judging Criteria shall be determined to be the Finalists. Potential Finalists will be contacted by Sponsors on or before August 2, 2011 by telephone and/or e-mail. Potential Finalists 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. Noncompliance within this time period or failure of such potential Finalist to respond to a notification attempt within three (3) days of such attempt may result in disqualification and, in Sponsors’ discretion, an alternative potential Finalist may be selected. Sponsor may request that a potential Finalist provide and/or create supporting material documentation (i.e. picture, diagram, spreadsheet or marketing materials) to supplement the Finalist Submission. Each potential Finalist will be required to create and submit up-to a one minute video (via teleconference with Sponsors, digital video, or other form and format as agreed upon by Sponsors and each potential Finalist) that supplements the Finalist’s Submission (the “Finalist Video”). Each Finalist Video must be submitted no later than August 8, 2011. Any Finalist who is unwillingly or unable to submit a Finalist Video will be rendered ineligible. For each Finalist, the Submission and the Finalist Video are, collectively, the “Finalist Entries”.
B. FAN VOTING: Beginning on or around 12:00:00 p.m. (Noon) ET on August 16, 2011 and ending 11:59:59 p.m. ET on September 2, 2011(the “Voting Period”) the Finalist Entries will be posted on the Website, where visitors to the Website (“Website Users”) will be encouraged to vote for their favorite Finalist Entry to help determine the Grand Prize Winner. Voting by Website Users will not be determinative and is explained further below. Submissions posted during the Voting Period will not disclose any of the Finalists’ personally identifiable information. Each Website User will be allowed a maximum of one (1) vote per day. Votes generated by script, macro or other automated means or with the intent to impair the integrity of the voting process will be void. Sponsors reserve the right to validate all online votes cast and to invalidate any vote in Sponsors’ sole discretion.
C. GRAND PRIZE: On or around September 13, 2011 the Grand Prize Winner will be selected by the Judges based upon the Judging Criteria (60%) and the total number of online fan votes (40%). In the event of a tie, an additional “tie-breaking” judge will determine the Grand Prize Winner based on the Judging Criteria. The Grand Prize will be confirmed by U.S. mail, e-mail and/or telephone and must meet all requirements set forth herein or such Grand Prize Winner’s place is forfeited and, in Sponsors’ sole discretion, awarded to the entrant with the next highest score as determined by the Judges. Sponsors reserve the right to not award the prize if, in their sole discretion, they do not receive a sufficient number of eligible and qualified Submissions. The decisions of the Sponsors and Judges will be final and binding in all matters.
5. PRIZE: One (1) Grand Prize Winner will receive a check for Twenty-Five Thousand Dollars ($25,000), made payable to the Grand Prize Winner only, at an approximate market value (“AMV”) of Twenty-Five Thousand Dollars ($25,000US). TOTAL AMV OF ONE (1) PRIZE: Twenty-Five Thousand Dollars ($25,000). No substitution or transfer of prize 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, in 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 prize not specified herein as being awarded. All prize details are in Sponsors’ sole discretion.
6. GENERAL RULES AND REGULATIONS: By participating in this Contest, entrant agrees to have his or her Submission judged as described in these Official Rules and to be bound by these Official Rules, and the decisions of the Judges and Sponsors. If any provision of this Contest shall be deemed to violate any federal, state or local law or regulation, it shall be amended to conform to such law or regulation and all other provisions shall remain in full force and effect.
7. DISPUTES: Entrant agrees that: (i) 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, and exclusively by the United States District Court for the Northern District of Georgia or the appropriate State court located in Atlanta, Georgia; (ii) all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest but in no event attorneys’ fees; and (iii) under no circumstances will entrant be permitted to obtain awards for and ENTRANT HEREBY WAIVES 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 MULTIPLED 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 Contest Entities in connection with the Contest, shall be governed by and construed in accordance with the laws of the State of Georgia without giving effect to any choice of law or conflict of law rules (whether of the State of Georgia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Georgia.
8. OFFICIAL RULES OR WINNER LIST: For a copy of the Official Rules or the Winner List (available on or about October 13, 2011), send a self-addressed, stamped envelope (residents of VT need not include return postage on rules requests) to the following address by November 13, 2011(Please specify “Official Rules” or “Winner”) – “The Earn Chuck’s Bucks Contest”, 1050 Techwood Drive, N.W., EXE0305J, Atlanta, GA 30318.
SPONSORS: Charles Barkley and Turner Sports Interactive, Inc., 1050 Techwood Drive, N.W., EXE0305J, Atlanta, Georgia 30318.
© 2011 Turner Sports Interactive, Inc. A Time Warner Company. All Rights Reserved.