Terms and Conditions: NBA ID Ultimate NBA Finals Experience Competition
Competition and Promoter
1.1 This NBA ID Ultimate NBA Finals Experience competition is a game of chance hosted by The Sporting News Australia, in which eligible competitors will sign up for NBA ID to go in the running to win the competition
1.2 By entering this Competition and in consideration for the opportunity to win the prize associated with the Competition, each entrant agrees to be bound by and observe these terms and conditions. Information on how to enter and prize details form part of these terms and conditions.
1.3 The promoter of the Competition is SPORTING NEWS (AUSTRALIA) PTY LTD (ACN 645 885 098) with registered office at Suite 21, 431 St Kilda Road, Melbourne Vic 3004 Australia (the “Promoter”).
Who may enter
2.1 Subject to entry into the Competition is open solely to all permanent residents of New South Wales, Northern Territory, Queensland, Tasmania, Victoria and Western Australia, aged 18 years or over at the date of entry.
Each eligible entrant may enter multiple times.
The officers, management and employees (and immediate family members of officers, management and employees) of the Promoter are not eligible to enter the Competition.
Employees of NBA Properties, Inc., the National Basketball Association (the “NBA”), the NBA member teams, NBA Asia Pty Limited and NBA Media Ventures, LLC (collectively, the “NBA Entities”) including affiliates, agents and immediate family members and/or those living in the same household of each of the aforementioned, are not eligible to enter or win the Competition.
2.2 The promotion is not available to residents of South Australia or the ACT.
2.3 No purchase or other payment is necessary to enter the Competition.
Competition Period
3.1 The Competition commences at 09:00 Australian Eastern Daylight Time (AEDT) on 27th March, 2023, and closes at 21:00 (AEST on 27th April, 2023. (the “Competition Period”).
3.2 To enter, eligible entrants must visit the official online entry form for this Promotion, accept these terms and conditions, sign-in using your e-mail address and complete the entry form confirming name, e-mail address and date of birth, and either sign-in or create an NBA ID account https://www.nba.com/id
How to win the prize
4.1 To be eligible to win the prize, eligible entrants must have an NBA ID account and enter via the official site. The entrants name will then be drawn at random to win the prize. Participants can enter multiple times.
4.2 The prize draw will be conducted on Wednesday 3rd May at 10:00am AEST, at Bay 5, 2 Locomotive St, South Eveleigh, NSW 2015.
4.3 The prize draw will be performed in the presence of an independent scrutineer.
Notification of prize winner
5.1 The Prize Winners will be notified by email by 4th May and the names of the winners will be announced on Sporting News AU/NBA Australia by 8th May 2023..
5.2 The Prize Winners must accept their prize by email confirmation by 15th May 2023.
Prize details
6.1 The NBA ID “Ultimate NBA Finals Experience” promotion major prize comprises the following:
Two tickets to games 3 and 4 of the 2023 NBA Finals, valued at AUD$1000
Return economy class airfares for the prize winner and one other person of the prize winner’s choosing (but who must be over the age of 18 on 1st April) from an Australian international airport nearest to the prize winner’s place of residence to the city hosting games 3 and 4 of the NBA Finals, departing on Monday, 5th June and returning Saturday 10th June, valued at a maximum of AUD$6600 (including airfare and airport taxes);
Five nights accommodation (two single beds) at a NBA chosen hotel from Tuesday 6th June to Saturday 10th June, valued at at a maximum AUD$3000.
6.2 An additional prize of a signed Dirk Nowitzki NBA jersey, valued at AUD$900
6.3 Twenty (20) Virtual Meet & Greets with an NBA Legend valued at AUD$200 each.
6.4 The activation date for the prizes will be Monday 5th June.
6.5 Total prize package is valued at AUD $15500
Further Competition conditions
7.1 This competition is run under NSW Authority TP/02528
7.2 None of the Promoter, the NBA or the NBA Entities (together, the “Released Parties”) accept any responsibility for any variation in the value of the prize. In the event that any element of a prize is not available, the Promoter reserves the right to substitute a prize of equal or greater value, subject to written directions from relevant regulatory bodies.
7.3 Prizes cannot be transferred, assigned, redeemed for cash, substituted, or altered, except by Promoter at its sole discretion, due to prize unavailability, and then prize may be substituted for one of comparable or similar value. Particular prizes may be subject to change. Participants and Winners are solely responsible for all applicable taxes and all other expenses not specified herein.
7.4 Each Prize Winner acknowledges that their prize may be subject to additional terms and conditions imposed by third party suppliers which will be provided to each Prize Winner. By accepting their prize, the Prize Winner will be deemed to have accepted any such additional terms and conditions in full.
7.5 The Released Parties do not accept responsibility and are not liable for any additional conditions imposed by a third party as referred to in paragraph 8.3
7.6 If for any reason a Prize Winner does not accept:
an element of the prize;
any part of these terms and conditions relevant to that element; or
any additional terms and conditions stipulated by any third party prize suppliers relevant to that element,
that element of the prize will be forfeited. Cash will not be awarded in lieu of any element of any prize under any circumstances (unless otherwise specified by the Promoter).
7.7 All eligible entrants agree to provide the Promoter or the Promoter’s authorised agent with identification and proof of eligibility if selected as a Prize Winner. The required form of identification and proof of eligibility are at the discretion of the Promoter (acting reasonably).
Unclaimed prizes
8.1 In the event of any prize not being accepted or claimed by 15:00 PM AEST on 15th May 2023, the winner of that individual prize will be deemed invalid and the Promoter reserves the right to choose another eligible entrant at random to receive the unclaimed prize.
8.2 The redraw for any unclaimed prize/s will be conducted on Tuesday 16th May at 10:00am AEST, at Bay 5, 2 Locomotive St, South Eveleigh, NSW 2015.
8.3 The redraw for any unclaimed prize/s will be performed in the presence of an independent scrutineer.
8.4 Prize winners for any unclaimed prizes will be notified by email by 17th May and the names of the winners will be announced on Sporting News AU/NBA Australia by 18th May 2023..
8.5 The Prize Winners must accept their prize by email confirmation by 23rd May 2023.
Limitation of liability
9.1 To the fullest extent permitted by law, the Released Parties exclude all liability and will be held harmless from any losses, damages, actions, liability, injury or claims (including, without limitation (but subject to operation of law), personal injury, death to winner or any third party or damage to personal or real property, due in whole or in part, directly or indirectly, by any reason) incurred by any person in connection with the Competition or the promotion, receipt, acceptance, possession, use or misuse of any prize and/or participation in this Competition. The Released Parties also expressly exclude any liability for any loss or damage which may be incurred by you as a result of your breach of these terms and conditions.
9.2 Except as otherwise required by applicable law, the Released Parties accept no responsibility or liability for any entry or claim which for technical or other reasons is unsuccessful, ineligible, late or incomplete. Incomplete, indecipherable or illegible entries will be deemed invalid.
9.3 Nothing in these terms and conditions excludes or limits Promoter’s liability for: (i) death or personal injury arising from the Promoter’s negligence; (ii) fraud or fraudulent misrepresentation; (iii) or any other liability which may not be excluded or limited by applicable law, and nothing in these terms and conditions limits, excludes or modifies any statutory right or guarantee provided by Australian law or state law.
Privacy
10.1 By entering the Competition, the entrant understands and agrees that the Promoter and its agents may use and disclose the entrant’s personal information to assist in administering and managing the Competition and prizes (where applicable) and communicating with the entrant in regard to special offers from the Promoter and its related entities. Entrants in the Competition acknowledge that the Promoter may share an entrant’s personal information with the Promoter’s Australian and foreign related entities and the NBA Entities which may contact the entrant with marketing messages and special offers. Without limiting the foregoing, the Promoter may disclose the Prize Winner’s personal information to third parties for the purpose of fulfilling the prize, service providers, contractors and agents. Entry is conditional on providing this personal information. The Promoter will also use and handle personal information collected as set out in its Privacy Policy, which can be viewed at www.sportingnews.com/au. The Promoter may, for an indefinite period, unless otherwise advised, use the personal information collected from entrants for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their personal information, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. If an entrant elects to receive information from other third parties, the Promoter and the NBA Entities may also disclose the entrant’s personal information for that purpose. The Promoter is bound by the Australian Privacy Principles and the Privacy Act 1988 (Cth). Entrants may find out more information about how the Promoter collects, uses and discloses personal information by reading the Promoter’s Privacy Policy. Entrants may access the personal information the Promoter holds about them by writing to the Promoter at the address set out below. If the Promoter limits or denies an entrant access to their personal information in certain circumstances, the Promoter will tell the entrant why access was limited or denied. The entrant can contact the Promoter by writing to the Promoter at Promoter at Suite 21, 431 St Kilda Road, Melbourne Vic 3004 Australia. Unless otherwise indicated by the Promoter, the Promoter may disclose personal information to entities outside of Australia (for a list of the countries, see the Promoter’s Privacy Policy).
General
11.1 Any decision of the Promoter in respect of the Competition, is final and binding and no correspondence will be entered into. The Promoter reserves the right to withdraw, alter or suspend the Competition or these terms and conditions at any time if circumstances beyond its control make this unavoidable.
11.2 The prizes remain the property of the Promoter until delivered to the Prize Winners.
11.3 The Released Parties shall bear no liability if for any reason the Competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, technical failures or any causes beyond the Promoter’s control which corrupt or affect the fairness or integrity or proper conduct of the Competition. The Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process and to cancel, modify, terminate or suspend the Competition.
11.4 The Promoter reserves the right at any time and its sole discretion to: (i) verify the eligibility of any entrant and/or a Prize Winner’s guest (including their age and place of residence); (ii) disqualify any entrant who conspires with others to gain an unfair advantage or who is otherwise involved in manipulating, interfering or tampering with the entry process or any other element of the Competition or who the Promoter reasonably believes to have acted in breach of these terms and conditions or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the Competition. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
11.5 The Prize Winner is advised that tax implications may arise from the prize and should seek independent financial and taxation advice prior to acceptance of the prize. Each Prize Winner shall responsible for all applicable taxes.
11.6 It is the entrant’s responsibility to inform the Promoter of any changes to their contact details, including their residential address, e-mail address or daytime telephone number.
11.7 This Competition, these terms and conditions, and any dispute arising out of or in connection with them, shall be governed by and construed in accordance with the laws of New South Wales, Australia. Each entrant irrevocably agrees that the courts of New South Wales shall have exclusive jurisdiction to adjudicate any dispute or claim that arises out of or in relation to the Competition or these terms and conditions. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
11.8 All material submitted on entry (e.g. photo(s), image(s), drawing(s), comment(s), sound/video recording(s) and answer(s) to a promotional question) must NOT: (a) be in breach of any laws, regulations and rights, e.g. any laws regarding intellectual property (copyright, trademarks, etc), defamation and privacy; (b) be defamatory, obscene, derogatory, pornographic, sexually inappropriate, contain nudity, aggressive, violent, abusive, harassing, threatening, objectionable or discriminate/vilify any section of the community with respect to race, ethnicity, nationality, religion, origin, sexual preference, mental illness, disability or gender or unsuitable for publication; or (c) contain viruses. Entrants warrant that they own or have the right to license the copyright in any entry submitted by them into this Promotion, for the purposes of this Promotion, that no rights have been granted to any third party in respect of any such entry which would prevent the entry being used as contemplated by this Promotion, and that the use by the Promoter of any such entry will not breach any laws or infringe the rights of any person (including without limitation with respect to privacy, intellectual property and defamation). Entrants must obtain prior consent from any person or from the owner(s) of any property that appears in their entry. By entering, all entrants license and grant the Promoter, its affiliates and sub-licensees an exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (including any portion of their entry) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability. Entrants further agree, upon request by the Promoter, to assign all of their rights, title and interest (including copyright) in and to their entry to the Promoter and to sign any legal documentation to confirm such assignment. Entrants agree that their entry is their original work and does not infringe the rights of third parties, or that they have obtained full prior consent from any person who has jointly created or has any rights in the aforementioned material. Entrants consent to any use of their entry that may otherwise infringe their moral rights. Entrants are responsible for all entries they submit on entry. The Promoter will not be liable for any entries, to the extent permitted by law. The Promoter reserves the right to remove, request removal or decline to publish any entry or portion of an entry for any reason whatsoever, including if in breach of these Terms and Conditions. The Promoter will have no liability to entrants if it exercises this right and entrants must comply with any request made by the Promoter pursuant to this paragraph. The entrant warrants and represents that any material sent or provided by the entrant to the Promoter will not infringe any copyright, trademarks or other intellectual property rights of any third party (including moral rights) and that the entrant has all rights to use the materials and has obtained all necessary consents to comply with any relevant privacy and/or confidentiality requirements. Entrants agree to indemnify the Promoter for any breach of the Terms and Conditions including this clause.
11.9 Participants in this Promotion (if minor, his/her parent or legal guardian) agree to be bound by these Official Rules and agree that: (a) Released Parties and their designees and assigns may use (unless prohibited by law) Participant’s name, voice, city/state of residence, photographs, video or film clips, and/or other visual likeness for advertising and/or trade purposes and/or for any other purpose in any media or format now or hereafter known without further compensation (financial or otherwise), permission or notification; and (b) Released Parties 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 (but subject to operation of law), personal injury or death to winner 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 this Promotion