NBA #ShotClock Contest | T&C's

TERMS AND CONDITIONS FOR “#ShotClock”
A.ACCEPTANCE OF TERMS AND CONDITIONS
You acknowledge and agree that the following terms and conditions (“Terms and Conditions”) constitute a legally binding agreement (hereinafter the “Agreement”) between you (hereinafter the “User” and/or “You”) and Sony Pictures Networks India Private Limited and/or its affiliates (“SPN”). You represent and warrant to SPN that You have read and understood the below Terms and Conditions and agree to abide by the below Terms and Conditions and that You have the legal capacity to enter into this Agreement.
B.ABOUT THE CONTEST AND HOW TO PARTICIPATE
“#ShotClock” contest (hereinafter referred to as "Contest") is hosted by SPN on the Terms and Conditions as stated hereunder:
1.The Contest shall be hosted on the official Twitter page of SPN with the URL https://twitter.com/SPNSportsIndia (“Website”) and is subject to this Terms and Conditions. The Contest will commence on February 1, 2019 at 12:00 AM Indian Standard Time (IST) and shall end on February 24, 2019 at 11:59 PM IST on the Website (“Period”).

2.During the Period stated above, the Users interested in participating in the Contest will have to tweet /answer the question(s) asked by SPN on its channel SONY TEN 1 (“Channel”) on each day and ensure to use the hashtag: #ShotClock and also tag @SPNSportsIndia while submitting their answers on the Website during the Period (“Entry(ies)”).  

3.In order to be eligible for the Prize, the answer given by the Users has to be the correct answer and sent as per the terms and conditions stated herein.    

4.The User can send as many tweets/ Entry as he/she wants on the Contest, however the same shall not increase such User’s chances of winning the Contest over the other participant(s) who have sent only one Entry during the Period. No purchase or payment of any kind is necessary to enter into this Contest.

5.SPN shall not be responsible for any technical disruption and/or failure/ server problems and/ or any other difficulties of such nature, due to which the User is unable to submit the Entry on the Website and/or participate in the Contest.

6.Incomplete and/or the Entries submitted after the Period shall not be considered and shall be null and void.  

7.SPN reserves the right to disqualify any User from participating in the Contest without assigning any reason. The decision of SPN in this regard shall be final and binding upon the Users.

8.For each day of the Contest, SPN shall, at its sole discretion, select one (1) winner based on random selection process from among the Users who as per SPN and/or its representatives have given the correct answer to the question asked by SPN for such day (“Winner”). At the end of the Contest Period, SPN at its sole discretion shall also select one (1) winner based on random selection process from among those Users who as per SPN and/or its representatives have given the correct answer to the question(s) asked by SPN (“Grand Winner”). SPN reserves the right to select the Winner(s) and the Grand Winner of the Contest and such decision shall be final and binding on the Users. 

9.The Winner(s) stands a chance to win one (1) unit of branded merchandise (“Prize”) and the Ultimate Winner stands a chance of winning a paid trip to the United States of America to watch 2 (Two) NBA live games with a companion, which will include economy return air ticket (which will be a return ticket from any main metro of India as may be notified by SPN, please note any local cost incurred by the Winner to reach such metro airport and return from such airport shall be strictly Winner’s cost and liability) and pocket expenses of USD 50 (United States Dollars Fifty only) per individual per day (“Grand Prize”). Any and all taxes and/or levies applicable under the laws of India shall be borne by the Winners and the Ultimate Winner in relation to the Prize and Grand Prize respectively  and that under no circumstances shall SPN, the NBA Entities and/ or the Released Parties be construed as liable for the same and the Winner(s) and the Grand Winner shall indemnify and hold harmless SPN, the NBA Entities and the Released Parties in all such respects.

10.Within a period of twelve (12) hours from the announcement of the Winner(s) and the Grand Winner, the Winner(s) and the Grand Winner will have to send a direct message to the Website and/or such other contact address as may be notified by SPN with complete details including their Name, Telephone No, Postal Address, E-Mail Address & copy of Photo ID Proof (issued by Government authority), copy of valid visa and passport (“Contact Details”), failing which SPN may or may not select another Winner or Grand Winner. In the event, successful contact with the Winner or Grand Winner is not established (i.e. in case the Winner or Grand Winner fails to provide Contact Details to SPN on the Website within twenty four (24) hours from the time of announcement of winner(s) for any reason whatsoever), that Winner and/or the Grand Winner shall not be considered for the Prize and SPN may/may not choose another Winner and/or Grand Winner at its sole discretion. 

11.    To claim the Prize or Grand Prize, the User and his/her companion must:
i.provide within 24 hours of notification of the Prize / Grand Prize all the documents as may be required by SPN in accordance with the Terms and Conditions; 
ii.all costs related to the Grand Prize (except the items specifically indicated in the definition of Grand Prize) shall be borne by the Grand Winner himself/herself; and SPN shall in no way be liable to pay or reimburse any such expenses incurred for availing the Prize.
iii.accept and acknowledge that SPN is in no way responsible and/or liable to examine/certify/confirm/declare that the Grand Winner and/or his/her companion is fit to fly and/or is in a position to enjoy/avail the services/benefits of the Prize. 
iv.accept and acknowledge that the Winner and/or Grand Winner in no given circumstance can either direct or indirectly try to change and/or alter the Prize and make any such request/representation to SPN and/or its affiliates and/or all the service providers appointed by SPN in this regard. If the Winner and/or Grand Winner attempts to establish a direct/indirect contact with SPN, its affiliates and/or the services providers appointed by SPN in this regard, SPN may at its discretion, disqualify him/her from obtaining the Prize or Grand Prize, as the case may be.
v.User acknowledges that he/she will not hold SPN, and/or any of its affiliates or agencies engaged by them with regard to this Contest, NBA Entities and the Released Parties liable for any loss or opportunity, monetary loss due to their participation in the Contest.
vi.User acknowledges that he/she will not hold SPN, and/or any of its affiliates or agencies engaged by them, with regard to this Contest, NBA Entities and the Released Parties liable for any physical and/or mental injury and/or any other personal/professional loss or damage including loss of property while availing the Prize or Grand Prize.
vii.SPN, NBA Entities and the Released Parties will not be held responsible if the Grand Winner misses the flight, or for any loss/ damage to their person or property caused/incurred during transit or at any stage of availing or enjoying the Grand Prize. Similarly, the NBA Entities and the Released Parties will not be held responsible or liable if the Grand Winner misses the NBA match or if the same is rescheduled or cancelled.

12.The User/participants shall ensure that the Entries:

i.include Hashtag viz.  #ShotClock and also tag @SPNSportsIndia; 
ii.not violate the rights of any third party, including, but not limited to, privacy rights, copyrights, trademark rights and/or any other intellectual property rights. The User shall indemnify SPN, NBA Entities and the Released Parties against any claim, loss, damages and liability arising as a result of infringement of third party intellectual property rights.
iii.is not harmful, harassing, blasphemous, defamatory, obscene, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever;
iv.does not harm minors in any way;
v.does not violate any law for the time being in force;
vi.does not deceive or mislead about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii.does not contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
shall not create any liability for SPN, NBA Entities and the Released Parties 
13.In the event of any discrepancy as to the date and/or the time of receipt of Entries, SPN shall have the final decision in resolving such discrepancy.  

14.SPN assumes no responsibility for errors, timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. Users are responsible for obtaining access to the Website. 

15.User agrees and understands that when using the Website, the User will be exposed to entries from a variety of sources and users, and that SPN is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such entries. User further understands and acknowledges that he/she may be exposed to entries that are inaccurate, offensive, indecent, or objectionable, and he/she agrees to waive, and hereby do waive, any legal or equitable rights or remedies he/she has or may have against SPN with respect thereto, and agree to indemnify and hold SPN its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to his/her access to or use of the Website.

C.ELIGIBILITY FOR PARTICIPATION IN THE CONTEST

1.The Contest is open for residents of India only who access the Website from an Indian IP address. For purposes of clarity, an Indian resident accessing the Website from a foreign IP address may not be able to participate due to the contest being geo blocked outside India. 

2.Non-resident Indians are not eligible for participation in the Contest even if they participate by accessing to the Website from India IP address.

3.This Contest is strictly governed by the laws of India including the Privacy Laws of India. It is a must that User and his/her companion hold a valid USA visa which is in force and meets US visa norms and requirements for the purpose of availing the Grand Prize and have a valid Indian passport.

4.The User must have attained the age of 18 (Eighteen) years to participate in the Contest.

5.Employees, agents and promoters (including their immediate family members) of SPN and any of their divisions, affiliates and subsidiaries, the NBA Entities and others associated with the Contest in any manner, are not eligible to participate in the Contest.

6.The User can win only once in this Contest. Any subsequent wins (if declared) will be automatically void.

D.TERMS AND CONDITIONS TO CLAIM THE PRIZE / ULTIMATE PRIZE

1.To claim the Prize / Ultimate Prize, the Winner and the Ultimate Winner must have valid proof of identity, age and address or any other document (such as vendor registration forms, PAN, Passport, etc.) as may be required by SPN and/or its affiliates at its sole discretion. 

2.The name of the Winner / Ultimate Winner(s) will be announced on the Website as per the timeline stated in Clause B(8) above. The Winner(s) and Ultimate Winner shall also be intimated of their selection as the Winner and/or Ultimate Winner on their registered email address through an official communication email or on their registered mobile number through an SMS. Within a period of 12 (Twelve) hours, the Winner(s) and Ultimate Winner will have to reply to such official communication with their Name, Telephone No, Postal Address, E-Mail Address & copy of Photo ID Proof (issued by Government authority), copy of valid visa and passport (only for Ultimate Winner) (“Contact Details”), failing which SPN and/or its affiliates may select another Winner and/or Ultimate Winner. Upon receiving the mailing address, SPN and/or its affiliates shall courier the Prize to such mailing address of the Winner only once. In the event, successful contact with the Winner and/or Ultimate Winner is not established (i.e. in case the message is not delivered, the Winner / Ultimate Winner does not see the message and fails to provide the Contact Details revert within 12 hours), that Winner and/or Ultimate Winner shall not be considered for the Prize and SPN and/or its affiliates may choose any other Winner or Ultimate Winner at its sole discretion.

3.The Prize will be sent via courier to the address provided by the Winner upon successful contact by SPN. 

4.SPN and/or its affiliates shall not be liable for any defect in the Prize and makes no representation and/or warranty regarding the Prize and hereby expressly disclaims all other warranties, express or implied including but not limited to any implied warranty or merchantability or fitness of the Prize for a particular purpose.

E.OTHER TERMS AND CONDITIONS

1.By participating in the Contest, each User agrees to follow these Terms and Conditions and to be bound by any decisions made by SPN in its sole discretion, including any interpretations of the Terms and Conditions.

2.SPN including their divisions, affiliates and subsidiaries, and their respective agents and representatives, owners, distributors, retailers, and advertising/promotion agencies are not responsible for any loss of entries for any reason whatsoever including, due to any problems caused, service providers, technical disruption and/or failure/ server problems and/ or any other difficulties for entries received after the deadline.  Entries are void if unreadable, inaccurate, incomplete, damaged, tampered with, falsified, mechanically reproduced, irregular in any way or otherwise not in compliance with these Terms and Conditions.

3.SPN reserves its right to select and declare or not to declare the Winner and/or Grand Winner if no contestant has submitted entries upto the satisfaction of SPN and/or if a contestant does not fulfill the requirements specified in this Terms and Conditions. Decision of SPN in this regard is final and no correspondence in this regard will be entertained.   

4.While accepting the Prize and/or Grand Prize, the Winner and Grand Winner may be required to sign an “indemnity and release of claims” form provided by SPN, as the case may be, which shall release SPN and the Released Parties of all liability.  Failure to complete and sign any documents requested by SPN may result in disqualification and selection of an alternate Winner or Grand Winner.  All decisions of SPN are final in this regard. 

5.Mere participation in the Contest does not entitle the User to win a Prize and/or Grand Prize.

6.The Prize and/or Grand Prize will be awarded to the Winner and Grand Winner respectively pursuant to verification and in accordance with these Terms and Conditions. The risk and title in the Prize and/or Grand Prize vests in the Winner / Grand Winner upon SPN’s dispatch of the Prize.

7.SPN and the Released Parties do not provide any implied or express warranties or guarantees with respect to usability and sizes (in case of apparels) of the Prize.

8.Prize and Grand Prize are not transferable, assignable or exchangeable. The Prize and Grand Prize cannot be negotiated or refunded, and by no means will cash equivalent be given. Only the Winner / Grand Winner, and no other person or agent, may claim the Prize / Grand Prize. 

9.SPN has the right to substitute the Prize and Grand Prize with other prize of similar or equal value, as determined by SPN in its sole discretion.  

10.SPN reserves the right in its sole and absolute discretion to amend/change/vary any of the terms and condition for the Contest at any time without any prior notice. By entering into the Contest the User agrees to such amended terms.

11.SPN is not responsible for any errors or omissions in the Terms and Conditions contained herein. All information provided in the Contest is provided "As is" without warranty of any kind. SPN and the Released Parties make no representations and disclaims all express, implied, and statutory warranties of any kind to the User and/or any third party including, without limitation, warranties as to accuracy, timelines, completeness, merchantability, or fitness for any particular purpose.
12.Participants / Winner(s) acknowledge that they will not hold SPN and/or any of its affiliates or agencies engaged by them and/or NBA Properties, Inc., the NBA, and the NBA member teams, NBA Media Ventures, LLC or NBA India Basketball Private Limited (“NBA Entities”) and/or each of their respective parent companies, subsidiaries, affiliates, officers, directors, employees, governors, shareholders, owners, distributors, retailers, agents assignees, advertising/promotion agencies, and/or representatives (collectively, the “Released Parties”) with regard to this Contest liable for any loss, indirect, special, consequential, incidental, or punitive damages of whatsoever nature including any loss of opportunity, lost profits or monetary loss (“Losses”) due to his/her participation in the Contest, except in cases of wilful misconduct or gross negligence. Further, SPN, NBA Entities and the Released Parties will not be liable to any third party for any Losses.


13.Under no circumstance, unless due to willful misconduct or gross negligence, shall SPN and/or their directors, employees, officers, affiliates or subsidiaries, be liable to the User and/or any third party for any lost profits or lost opportunity, indirect, special, consequential, incidental, or punitive damages whatsoever. The User specifically agrees not to file in person/through any family member and/or any third party any applications, criminal and/or civil proceedings in any courts or forum in India against SPN and/or their directors, employees, officers, affiliates or subsidiaries to claim any damages or relief in connection with the Contest.

14.By entering into the Contest, the User waives all copyrights, rights of publicity and any related rights and consents to SPN’s right to picture, tape or portray him/her as a Winner and/or Grand Winner, and to exhibit this material in any and all media now existing or hereinafter created, including without limitation television, film, radio and print media, without any compensation whatsoever for advertising and publicity purposes, except where prohibited by law.  The Winner and Grand Winner also consent to SPN’s right to use his/her name, voice or picture, or the content of his/her Contest Entry(ies) (collectively, the “Publicity Rights”). 

15.Under no circumstance shall SPN including the Channel and/or their directors, employees, officers, affiliates or subsidiaries, be liable to the contestant/user and/or any third party for any lost profits or lost opportunity, indirect, special, consequential, incidental, or punitive damages whatsoever, even if SPN has been advised of the possibility of such damages.

16.Non-conformance by any User of the Contest will result in immediate disqualification of the User from participation or winning the Prize or Grand Prize as the case maybe.

17.Privacy Policy: This Contest requires the User to provide the following information only i.e. name, email id, address and mobile number (“Personal Identifiable Information”). The Personal Identifiable Information is requested to process the results of the Contest (for example, identifying entries, etc.), declare and inform the winners of the Contest. Save and except for the winners of the Contest, Personal Identifiable Information is not retained by SPN and its agencies under any circumstances and is deleted from all of our records within forty-five (45) days of completion of the Contest, declaration and disbursement of gratification of the Contest. It is clarified that SPN does not use the Personal Identifiable Information for any purpose except for processing the results of the Contest, declare and inform the Winner of the Contest.  

18.Providing information to SPN is your choice. By clicking on the Contest tab, you agree to allow us authorized use of your information and you agree to abide by the Terms and Conditions of the Contest.  

19.Unfortunately, the transmission of information over the Internet is not completely secure. Although SPN strive to protect your personal data, SPN cannot guarantee the security of your data while it is being transmitted to our site; any transmission is at your own risk. 

20.SPN reserves the right to change the Terms and Conditions of this Contest and to alter or terminate the Contest at any time.

21.Each of these Terms and Conditions are severable. If any Terms and Conditions are held to be or become invalid or unenforceable in any respect under the law of any jurisdiction or by a competent authority, it shall have no effect to the other remaining Terms and Conditions, which shall remain in full force and effect.

22.The decisions of SPN and its representatives shall be final and binding on all aspects of the Contest.  

23.The Contest shall be governed by and construed in accordance with the applicable laws in India. All matters with respect to the Contest are subject to the jurisdiction of the Courts at Mumbai only.

24.Your participation in the Contest by submitting the Entries will be construed as an acceptance of the above stated Terms and Conditions.