“By the Numbers” NBA2K Sweepstakes Rules by Genius Lyrics
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND D.C. WHO ARE 16 YEARS OF AGE OR OLDER AND OF THE LEGAL AGE OF MAJORITY AT THE TIME OF ENTRY. U.S. LAW GOVERNS THIS SWEEPSTAKES. VOID WHERE PROHIBITED.
1. ELIGIBILITY: The “By the Numbers” NBA2K Sweepstakes (the “Sweepstakes”) is open only to persons who as of the date of entry (and, if a winner, as of the date of prize fulfillment) are a legal resident of one of the 50 United States or the District of Columbia and who are 16 years of age or older and of the legal age of majority in the jurisdiction in which the entrant resides. Persons who as of the date of entry (and, if a winner, as of the date of prize fulfillment) are an employee of 2K Games, Inc. (“Sponsor”), Genius Media Group, Inc. (“Administrator” or “Genius”), or any of their parent companies, subsidiaries, affiliates or advertising or promotion agencies, or a member of the immediate family or household (whether or not related) of any such employee, are not eligible. Eligibility determinations will be made by Administrator in its discretion and will be final and binding. U.S. law governs this Sweepstakes. Void where prohibited by law.
2. HOW TO ENTER: The entry period for the Sweepstakes begins at 12:01 PM Eastern Time (ET) on September 24, 2018 and continues through 11:59 p.m. ET on September 25, 2018 (the “Entry Period”). No purchase is necessary. During the Entry Period, Administrator will post via Administrator’s Instagram account (@Genius) a single trivia question (the “Sweepstakes Post”). To enter the Sweepstakes, during the Entry Period, the entrant must answer the trivia question by commenting on the Sweepstakes Post. The comment must also contain such other information as Administrator may specify in the Sweepstakes Post. The entrant must have his or her Instagram account privacy settings set to “Off” from the time of submission throughout the remainder of the Entry Period. Each Instagram comment must comply with all terms and conditions and technical requirements of Instagram, including without limitation the Terms of Use and the Community Guidelines. Entrants are prohibited from inaccurately tagging content or encouraging other Instagram users to inaccurately tag content in any Instagram post. An Instagram comment that is submitted for purposes of Sweepstakes entry is referred to in these Official Rules as a “Submission.” Submitting a Submission during the Entry Period constitutes acknowledgement of and consent to these Official Rules. Each Submission must comply with all of the submission guidelines set forth in this Section 2 and in Section 3 below. Each Submission may be submitted only once. If a particular Submission is submitted more than once, Administrator will have the right to disqualify all entrants who submitted the duplicative Submission. There is a limit of one entry per person. All entries must be completed and received by Administrator prior to the conclusion of the Entry Period. Entry times will be determined by the timestamp attributed to the entrant’s Submission by Instagram. The entrant must be the registered user of the Instagram account used to post the Submission. Normal time rates and data charges, if any, charged by the entrant’s Internet or mobile service provider will apply. All entries are subject to verification at any time. Proof of submission does not constitute proof of entry. Sponsor and/or Administrator will have the right, in its discretion, to require proof of identity and/or eligibility in a form acceptable to Sponsor and/or Administrator (including, without limitation, government-issued photo identification). Failure to provide such proof to the satisfaction of Sponsor and/or Administrator in a timely manner may result in disqualification.
3. SUBMISSION GUIDELINES: Each Submission must comply with the following guidelines: (a) the Submission must be original and have been created solely by the entrant; (b) the entrant must own the copyright in the Submission; (c) the Submission must not previously have been submitted in connection with any sweepstakes or contest, published for commercial purposes or won any award; (d) the Submission must be truthful and accurate; (e) if the Submission identifies, depicts, contains or otherwise uses the Personality Rights (as defined in Section 6) of any person other than the entrant, the entrant must have prior to submitting the Submission obtained written consent from such person (or his or her parent or legal guardian, if the person is a Minor) to the use of such person’s Personality Rights, as applicable, in the Submission and the use by the Licensees (as defined in Section 6) of the Submission including such person’s Personality Rights, as applicable, as permitted pursuant to these Official Rules; (f) the Submission must not include any brand name, trademark or logo of any entity (other than brand names, trademarks or logos associated with Sponsor and/or Administrator); (g) the Submission must not contain any material that violates or infringes upon the rights of any third party, including without limitation any copyright, trademark or right of privacy or publicity, or that is unlawful, in violation of or contrary to any applicable law or regulation, or the use of which by the Licensees as permitted pursuant to these Official Rules would require a license or permission from or payment to any third party; (h) the Submission must not exhibit the entrant engaging in or otherwise promote any illegal, sexually explicit, violent or dangerous behavior; (i) the Submission must not contain any material that is disparaging, defamatory, threatening, indecent, violent, obscene or offensive, or that promotes a political agenda, violence, bigotry or discrimination; and (j) the Submission must not contain any material that Sponsor and/or Administrator, in their sole discretion, deems inappropriate for public viewing and/or display. By submitting a Submission, the entrant represents and warrants that the entrant has complied with all of the foregoing requirements and has obtained all permissions, licenses and consents that are necessary for the submission of the Submission and to the use by the Licensees of the Submission as permitted pursuant to these Official Rules and to verify compliance with the foregoing requirements. Each entrant agrees to provide to Sponsor and/or Administrator at their request copies of all such permissions, licenses and consents and, if requested by Sponsor and/or Administrator, to obtain additional permissions, licenses and consents from the applicable parties in a form specified by Sponsor and/or Administrator. Sponsor and/or Administrator reserve the right in their sole discretion to disqualify any Submission that they determine does not comply with these guidelines or to require the entrant to make such changes to any Submission as are necessary to make it compliant.
4. WINNER SELECTION AND NOTIFICATION: Following the conclusion of the Entry Period, one potential Grand Prize winner will be selected in a random drawing conducted by Administrator or its agent from among all eligible entries received during the Entry Period that correctly answer the trivia question in the Sweepstakes Post. The odds of being selected as the potential Grand Prize winner will depend on the number of eligible entries received and correct answers to the Sweepstakes Post question. The potential winner will be notified via a Direct message on Instagram (using the Instagram account that submitted the Submission), and the potential winner must respond to Administrator’s initial notification attempt within 72 hours with his or her name, email address, phone number, mailing address and such other information as Sponsor and/or Administrator may require. The potential winner is subject to verification of eligibility and may, in Sponsor and/or Administrator’s discretion, be required to complete, sign and return to Sponsor and/or Administrator an Affidavit of Eligibility/Release of Liability, if legally permissible, a Publicity Release, and if the potential winner is a minor, a parent or guardian consent form, any other documentation provided by Sponsor or Administrator in connection with verification of the potential winner’s eligibility and confirmation of the releases and grant of rights set forth in these Official Rules (as applicable, “Winner Verification Documents”), within three days of attempted delivery of same. The potential winner may also in Sponsor and/or Administrator’s discretion be required to complete and return to Sponsor and/or Administrator an IRS Form W-9 within three days of attempted delivery of same. If the potential winner cannot be reached or does not respond within 72 hours of the initial notification attempt or fails to complete, sign, and return any required Winner Verification Documents or IRS Form W-9 within three days of attempted delivery of same, or if the potential winner does not otherwise comply with these Official Rules and/or cannot accept the prize as awarded for any reason, then the potential winner may be disqualified and an alternate winner may, at Sponsor and/or Administrator’s discretion, be selected from among the remaining eligible entries as specified in these Official Rules (in which case the foregoing provisions will apply to such newly-selected entrant).
5. PRIZE: One Grand Prize will be offered. The Grand Prize consists of an Xbox game console with an approximate retail value (“ARV”) of $300 USD. Restrictions may apply. The prize will be awarded if properly claimed. No substitution, cash redemption or transfer of the right to receive the prize or any prize component is permitted, except in the discretion of Sponsor and/or Administrator, which have the right to substitute the prize or any prize component with a prize or prize component of equal or greater monetary value selected by Sponsor and/or Administrator in their discretion. The prize consists only of the item expressly specified in these Official Rules. All expenses or costs associated with the acceptance or use of the prize or any prize component (including, Internet connection and/or data costs) are the responsibility of the winner. The prize is awarded “as is” and without any warranty, except as required by law. In no event will more than the number of prizes stated in these Official Rules be awarded. All federal, state and local taxes on the value of the prize are the responsibility of the winner. An IRS form 1099 will be issued if required by law.
6. GRANT OF RIGHTS: By entering the Sweepstakes, each entrant irrevocably grants to Sponsor, Administrator and their parent companies, subsidiaries, affiliates and advertising and promotion agencies, and the successors and assigns and licensees of each of the foregoing (collectively, the “Licensees”) the right to use the entrant’s name, likeness, voice, biographical information and/or statements attributed to the entrant (“Personality Rights”), in perpetuity, throughout the world, in all media and formats whether now or later known or developed, including without limitation via Sponsor’s, Administrator’s and third-party websites and social media and digital channels, for commercial purposes and any other purposes (including without limitation advertising and promotion), without further notice or compensation, unless prohibited by law. In addition, by submitting a Submission, each entrant irrevocably grants to the Licensees a non-exclusive license to publish, display, reproduce, modify, edit, create derivative works based on and otherwise use the Submission, in whole or part, in perpetuity, throughout the world, in all media and formats whether now or later known or developed, including without limitation via Sponsor’s, Administrator’s, and third-party websites and social media and digital channels, for commercial purposes and any other purposes (including without limitation advertising and promotion), without further notice or compensation, unless prohibited by law.
7. RELEASE AND LIMITATION OF LIABILITY: By entering the Sweepstakes, to the fullest extent permitted by applicable law, each entrant releases and agrees to hold harmless each of the Licensees, all other companies involved in the development or operation of the Sweepstakes, all other companies involved in the provision of the prize or any component of the prize, Instagram and the directors, officers, employees and agents and contractors of each of the foregoing (collectively, the “Released Parties”) from and against any and all claims and causes of action of any kind that the entrant ever had, now has or might in the future have arising out of or relating to the Sweepstakes, participation in the Sweepstakes, the use of Instagram, the provision, acceptance or use of any prize or any component of any prize or any use of the entrant’s Personality Rights as permitted pursuant to these Official Rules, including without limitation any and all claims and causes of action: (a) relating to any personal injury, death or property damage or loss sustained by any entrant or any other person, (b) based upon any allegation of violation of the right of privacy or publicity, misappropriation, defamation, or violation of any other personal or proprietary right, (c) based upon any allegation of infringement of copyright, trademark, trade dress, patent, trade secrets, moral rights or any intellectual property right, or (d) based upon any allegation of a violation of any law, rule or regulation relating to personal information or data security. Each entrant agrees not to assert any such claim or cause of action against any of the Released Parties. Each entrant assumes the risk of, and all liability for, any injury, loss or damage caused, or claimed to be caused, by participation in this Sweepstakes, the use of Instagram, or the provision, acceptance or use of any prize or any component of any prize. The Released Parties are not responsible for, and will not have any liability in connection with, any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prize. The Released Parties are not responsible for, and will not have any liability in connection with, late, lost, delayed, illegible, damaged, corrupted or incomplete entries, incorrect or inaccurate capture of, damage to, or loss of entries or entry information, or any other human, mechanical or technical error of any kind relating to the operation of Instagram, communications or attempted communications with any entrant, the submission, collection, storage and/or processing of entries or the administration of the Sweepstakes. The Released Parties are not responsible for, and will not have any liability in connection with any Act of God, war, terrorism, accident, fire, strike, lock-out or other labor controversy, riot, civil disturbance, act of public enemy, law, enactment, rule, restraint, order or act of any governmental instrumentality or military authority, or other cause not reasonably within their control that may delay or prevent Sponsor and/or Administrator from fulfilling its obligations pursuant to these Official Rules.
8. GENERAL RULES: Sponsor and/or Administrator have the right, in their sole discretion, to modify these Official Rules (including without limitation by adjusting any of the dates and/or timeframes stipulated in these Official Rules) and to cancel, modify or suspend this Sweepstakes at any time in its discretion, including without limitation if a virus, bug, technical problem, entrant fraud or misconduct or other cause beyond the control of Sponsor and/or Administrator corrupts the administration, integrity, security or proper operation of the Sweepstakes or if for any other reason Sponsor and/or Administrator are not able to conduct the Sweepstakes as planned (including without limitation in the event the Sweepstakes is interfered with by any fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or of public enemy, communications failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, federal, state or local law, order or regulation or court order) or in the event of any change to the terms governing the use of Instagram or the application or interpretation of such terms. In the event of termination of the Sweepstakes, a notice will be posted on Administrator’s Instagram account and a random drawing will be conducted to award the prize from among all eligible entries received prior to the time of termination. Sponsor and/or Administrator have the right, in their sole discretion, to disqualify or prohibit from participating in the Sweepstakes any individual who, in Sponsor and/or Administrator’s discretion, Sponsor and/or Administrator determines or believes (i) has tampered with the entry process or has undermined the legitimate operation of Instagram or the Sweepstakes by cheating, hacking, deception or other unfair practices, (ii) has engaged in conduct that annoys, abuses, threatens or harasses any other entrant or any representative of Sponsor and/or Administrator or (iii) has attempted or intends to attempt any of the foregoing.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND/OR ADMINISTRATOR HAVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY PERSON INVOLVED TO THE FULLEST EXTENT PERMITTED BY LAW. The use of agents or automated devices, programs or methods to submit entries is prohibited and Sponsor and/or Administrator have the right, in their sole discretion, to disqualify any entry that it believes may have been submitted using such an agent or automated device, program or method. In the event of a dispute regarding who submitted an entry, the entry will be deemed to have been submitted by the registered user of the Instagram account used to submit the Submission. All federal, state and local laws and regulations apply. All entries become the property of Sponsor and Administrator and will not be verified or returned. By participating in this Sweepstakes, each entrant agrees to be bound by these Official Rules and the decisions of Sponsor and/or Administrator, which are final and binding in all respects. These Official Rules may not be reprinted or republished in any way without the prior written consent of Sponsor and/or Administrator.
9. DISPUTES: By entering the Sweepstakes, each entrant agrees, to the maximum extent permitted by applicable law, that (a) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes or the provision, acceptance and/or use of any prize or prize component will be resolved individually, without resort to any form of class action (Note: Some jurisdictions do not allow restricting access to class actions. This provision will not apply to entrants who live in such a jurisdiction); (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees; (c) under no circumstances will any entrant be permitted to obtain any award for, and each entrant hereby waives all rights to claim, punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses, and (d) each entrant’s sole and exclusive remedy with respect to any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes will be an action at law for the recovery of monetary damages only, and in no event will the entrant have the right to enjoin or otherwise interfere with the exercise by the Licensees of any of the rights granted in these Official Rules or terminate or rescind any of the rights granted in these Official Rules. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the respective rights and obligations of the entrants and Sponsor or Administrator in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of New York in the United States of America without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of New York. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts located in New York County in the State of New York, waiving any right to trial by jury, and each entrant consents to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to any of the foregoing. In the event of any conflict between these Official Rules and any Sweepstakes information provided elsewhere (including but not limited in advertising or marketing materials), these Official Rules shall prevail.
10. USE OF INFORMATION: By entering the Sweepstakes, each entrant agrees that information submitted via Instagram in connection with the Sweepstakes will be subject to Sponsor’s Privacy Notice available at https://www.take2games.com/privacy/ and Administrator’s Privacy Policy available at https://genius.com/static/privacy_policy (the “Privacy Policies”) and may be used as permitted pursuant to the Privacy Policies, and may also be used as determined by Sponsor and/or Administrator in connection with the administration of the Sweepstakes (including notification of winners and provision of lists of winners when requested), and for purposes of providing products, services and information (e.g., newsletters) to the entrant.
11. WINNER NAME AND RULES REQUESTS: For the name of the winner, available after the conclusion of the Entry Period, or a copy of these Official Rules, send a self-addressed, stamped envelope to “By the Numbers” NBA2K Sweepstakes c/o Genius Media Group, Inc., 92 3rd Street, Brooklyn, NY 11231. Winner name requests must be received by Administrator within six months after the conclusion of the Entry Period.
12. SPONSOR: 2k Games, Inc. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram.
1. ELIGIBILITY: The “By the Numbers” NBA2K Sweepstakes (the “Sweepstakes”) is open only to persons who as of the date of entry (and, if a winner, as of the date of prize fulfillment) are a legal resident of one of the 50 United States or the District of Columbia and who are 16 years of age or older and of the legal age of majority in the jurisdiction in which the entrant resides. Persons who as of the date of entry (and, if a winner, as of the date of prize fulfillment) are an employee of 2K Games, Inc. (“Sponsor”), Genius Media Group, Inc. (“Administrator” or “Genius”), or any of their parent companies, subsidiaries, affiliates or advertising or promotion agencies, or a member of the immediate family or household (whether or not related) of any such employee, are not eligible. Eligibility determinations will be made by Administrator in its discretion and will be final and binding. U.S. law governs this Sweepstakes. Void where prohibited by law.
2. HOW TO ENTER: The entry period for the Sweepstakes begins at 12:01 PM Eastern Time (ET) on September 24, 2018 and continues through 11:59 p.m. ET on September 25, 2018 (the “Entry Period”). No purchase is necessary. During the Entry Period, Administrator will post via Administrator’s Instagram account (@Genius) a single trivia question (the “Sweepstakes Post”). To enter the Sweepstakes, during the Entry Period, the entrant must answer the trivia question by commenting on the Sweepstakes Post. The comment must also contain such other information as Administrator may specify in the Sweepstakes Post. The entrant must have his or her Instagram account privacy settings set to “Off” from the time of submission throughout the remainder of the Entry Period. Each Instagram comment must comply with all terms and conditions and technical requirements of Instagram, including without limitation the Terms of Use and the Community Guidelines. Entrants are prohibited from inaccurately tagging content or encouraging other Instagram users to inaccurately tag content in any Instagram post. An Instagram comment that is submitted for purposes of Sweepstakes entry is referred to in these Official Rules as a “Submission.” Submitting a Submission during the Entry Period constitutes acknowledgement of and consent to these Official Rules. Each Submission must comply with all of the submission guidelines set forth in this Section 2 and in Section 3 below. Each Submission may be submitted only once. If a particular Submission is submitted more than once, Administrator will have the right to disqualify all entrants who submitted the duplicative Submission. There is a limit of one entry per person. All entries must be completed and received by Administrator prior to the conclusion of the Entry Period. Entry times will be determined by the timestamp attributed to the entrant’s Submission by Instagram. The entrant must be the registered user of the Instagram account used to post the Submission. Normal time rates and data charges, if any, charged by the entrant’s Internet or mobile service provider will apply. All entries are subject to verification at any time. Proof of submission does not constitute proof of entry. Sponsor and/or Administrator will have the right, in its discretion, to require proof of identity and/or eligibility in a form acceptable to Sponsor and/or Administrator (including, without limitation, government-issued photo identification). Failure to provide such proof to the satisfaction of Sponsor and/or Administrator in a timely manner may result in disqualification.
3. SUBMISSION GUIDELINES: Each Submission must comply with the following guidelines: (a) the Submission must be original and have been created solely by the entrant; (b) the entrant must own the copyright in the Submission; (c) the Submission must not previously have been submitted in connection with any sweepstakes or contest, published for commercial purposes or won any award; (d) the Submission must be truthful and accurate; (e) if the Submission identifies, depicts, contains or otherwise uses the Personality Rights (as defined in Section 6) of any person other than the entrant, the entrant must have prior to submitting the Submission obtained written consent from such person (or his or her parent or legal guardian, if the person is a Minor) to the use of such person’s Personality Rights, as applicable, in the Submission and the use by the Licensees (as defined in Section 6) of the Submission including such person’s Personality Rights, as applicable, as permitted pursuant to these Official Rules; (f) the Submission must not include any brand name, trademark or logo of any entity (other than brand names, trademarks or logos associated with Sponsor and/or Administrator); (g) the Submission must not contain any material that violates or infringes upon the rights of any third party, including without limitation any copyright, trademark or right of privacy or publicity, or that is unlawful, in violation of or contrary to any applicable law or regulation, or the use of which by the Licensees as permitted pursuant to these Official Rules would require a license or permission from or payment to any third party; (h) the Submission must not exhibit the entrant engaging in or otherwise promote any illegal, sexually explicit, violent or dangerous behavior; (i) the Submission must not contain any material that is disparaging, defamatory, threatening, indecent, violent, obscene or offensive, or that promotes a political agenda, violence, bigotry or discrimination; and (j) the Submission must not contain any material that Sponsor and/or Administrator, in their sole discretion, deems inappropriate for public viewing and/or display. By submitting a Submission, the entrant represents and warrants that the entrant has complied with all of the foregoing requirements and has obtained all permissions, licenses and consents that are necessary for the submission of the Submission and to the use by the Licensees of the Submission as permitted pursuant to these Official Rules and to verify compliance with the foregoing requirements. Each entrant agrees to provide to Sponsor and/or Administrator at their request copies of all such permissions, licenses and consents and, if requested by Sponsor and/or Administrator, to obtain additional permissions, licenses and consents from the applicable parties in a form specified by Sponsor and/or Administrator. Sponsor and/or Administrator reserve the right in their sole discretion to disqualify any Submission that they determine does not comply with these guidelines or to require the entrant to make such changes to any Submission as are necessary to make it compliant.
4. WINNER SELECTION AND NOTIFICATION: Following the conclusion of the Entry Period, one potential Grand Prize winner will be selected in a random drawing conducted by Administrator or its agent from among all eligible entries received during the Entry Period that correctly answer the trivia question in the Sweepstakes Post. The odds of being selected as the potential Grand Prize winner will depend on the number of eligible entries received and correct answers to the Sweepstakes Post question. The potential winner will be notified via a Direct message on Instagram (using the Instagram account that submitted the Submission), and the potential winner must respond to Administrator’s initial notification attempt within 72 hours with his or her name, email address, phone number, mailing address and such other information as Sponsor and/or Administrator may require. The potential winner is subject to verification of eligibility and may, in Sponsor and/or Administrator’s discretion, be required to complete, sign and return to Sponsor and/or Administrator an Affidavit of Eligibility/Release of Liability, if legally permissible, a Publicity Release, and if the potential winner is a minor, a parent or guardian consent form, any other documentation provided by Sponsor or Administrator in connection with verification of the potential winner’s eligibility and confirmation of the releases and grant of rights set forth in these Official Rules (as applicable, “Winner Verification Documents”), within three days of attempted delivery of same. The potential winner may also in Sponsor and/or Administrator’s discretion be required to complete and return to Sponsor and/or Administrator an IRS Form W-9 within three days of attempted delivery of same. If the potential winner cannot be reached or does not respond within 72 hours of the initial notification attempt or fails to complete, sign, and return any required Winner Verification Documents or IRS Form W-9 within three days of attempted delivery of same, or if the potential winner does not otherwise comply with these Official Rules and/or cannot accept the prize as awarded for any reason, then the potential winner may be disqualified and an alternate winner may, at Sponsor and/or Administrator’s discretion, be selected from among the remaining eligible entries as specified in these Official Rules (in which case the foregoing provisions will apply to such newly-selected entrant).
5. PRIZE: One Grand Prize will be offered. The Grand Prize consists of an Xbox game console with an approximate retail value (“ARV”) of $300 USD. Restrictions may apply. The prize will be awarded if properly claimed. No substitution, cash redemption or transfer of the right to receive the prize or any prize component is permitted, except in the discretion of Sponsor and/or Administrator, which have the right to substitute the prize or any prize component with a prize or prize component of equal or greater monetary value selected by Sponsor and/or Administrator in their discretion. The prize consists only of the item expressly specified in these Official Rules. All expenses or costs associated with the acceptance or use of the prize or any prize component (including, Internet connection and/or data costs) are the responsibility of the winner. The prize is awarded “as is” and without any warranty, except as required by law. In no event will more than the number of prizes stated in these Official Rules be awarded. All federal, state and local taxes on the value of the prize are the responsibility of the winner. An IRS form 1099 will be issued if required by law.
6. GRANT OF RIGHTS: By entering the Sweepstakes, each entrant irrevocably grants to Sponsor, Administrator and their parent companies, subsidiaries, affiliates and advertising and promotion agencies, and the successors and assigns and licensees of each of the foregoing (collectively, the “Licensees”) the right to use the entrant’s name, likeness, voice, biographical information and/or statements attributed to the entrant (“Personality Rights”), in perpetuity, throughout the world, in all media and formats whether now or later known or developed, including without limitation via Sponsor’s, Administrator’s and third-party websites and social media and digital channels, for commercial purposes and any other purposes (including without limitation advertising and promotion), without further notice or compensation, unless prohibited by law. In addition, by submitting a Submission, each entrant irrevocably grants to the Licensees a non-exclusive license to publish, display, reproduce, modify, edit, create derivative works based on and otherwise use the Submission, in whole or part, in perpetuity, throughout the world, in all media and formats whether now or later known or developed, including without limitation via Sponsor’s, Administrator’s, and third-party websites and social media and digital channels, for commercial purposes and any other purposes (including without limitation advertising and promotion), without further notice or compensation, unless prohibited by law.
7. RELEASE AND LIMITATION OF LIABILITY: By entering the Sweepstakes, to the fullest extent permitted by applicable law, each entrant releases and agrees to hold harmless each of the Licensees, all other companies involved in the development or operation of the Sweepstakes, all other companies involved in the provision of the prize or any component of the prize, Instagram and the directors, officers, employees and agents and contractors of each of the foregoing (collectively, the “Released Parties”) from and against any and all claims and causes of action of any kind that the entrant ever had, now has or might in the future have arising out of or relating to the Sweepstakes, participation in the Sweepstakes, the use of Instagram, the provision, acceptance or use of any prize or any component of any prize or any use of the entrant’s Personality Rights as permitted pursuant to these Official Rules, including without limitation any and all claims and causes of action: (a) relating to any personal injury, death or property damage or loss sustained by any entrant or any other person, (b) based upon any allegation of violation of the right of privacy or publicity, misappropriation, defamation, or violation of any other personal or proprietary right, (c) based upon any allegation of infringement of copyright, trademark, trade dress, patent, trade secrets, moral rights or any intellectual property right, or (d) based upon any allegation of a violation of any law, rule or regulation relating to personal information or data security. Each entrant agrees not to assert any such claim or cause of action against any of the Released Parties. Each entrant assumes the risk of, and all liability for, any injury, loss or damage caused, or claimed to be caused, by participation in this Sweepstakes, the use of Instagram, or the provision, acceptance or use of any prize or any component of any prize. The Released Parties are not responsible for, and will not have any liability in connection with, any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prize. The Released Parties are not responsible for, and will not have any liability in connection with, late, lost, delayed, illegible, damaged, corrupted or incomplete entries, incorrect or inaccurate capture of, damage to, or loss of entries or entry information, or any other human, mechanical or technical error of any kind relating to the operation of Instagram, communications or attempted communications with any entrant, the submission, collection, storage and/or processing of entries or the administration of the Sweepstakes. The Released Parties are not responsible for, and will not have any liability in connection with any Act of God, war, terrorism, accident, fire, strike, lock-out or other labor controversy, riot, civil disturbance, act of public enemy, law, enactment, rule, restraint, order or act of any governmental instrumentality or military authority, or other cause not reasonably within their control that may delay or prevent Sponsor and/or Administrator from fulfilling its obligations pursuant to these Official Rules.
8. GENERAL RULES: Sponsor and/or Administrator have the right, in their sole discretion, to modify these Official Rules (including without limitation by adjusting any of the dates and/or timeframes stipulated in these Official Rules) and to cancel, modify or suspend this Sweepstakes at any time in its discretion, including without limitation if a virus, bug, technical problem, entrant fraud or misconduct or other cause beyond the control of Sponsor and/or Administrator corrupts the administration, integrity, security or proper operation of the Sweepstakes or if for any other reason Sponsor and/or Administrator are not able to conduct the Sweepstakes as planned (including without limitation in the event the Sweepstakes is interfered with by any fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or of public enemy, communications failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, federal, state or local law, order or regulation or court order) or in the event of any change to the terms governing the use of Instagram or the application or interpretation of such terms. In the event of termination of the Sweepstakes, a notice will be posted on Administrator’s Instagram account and a random drawing will be conducted to award the prize from among all eligible entries received prior to the time of termination. Sponsor and/or Administrator have the right, in their sole discretion, to disqualify or prohibit from participating in the Sweepstakes any individual who, in Sponsor and/or Administrator’s discretion, Sponsor and/or Administrator determines or believes (i) has tampered with the entry process or has undermined the legitimate operation of Instagram or the Sweepstakes by cheating, hacking, deception or other unfair practices, (ii) has engaged in conduct that annoys, abuses, threatens or harasses any other entrant or any representative of Sponsor and/or Administrator or (iii) has attempted or intends to attempt any of the foregoing.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND/OR ADMINISTRATOR HAVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY PERSON INVOLVED TO THE FULLEST EXTENT PERMITTED BY LAW. The use of agents or automated devices, programs or methods to submit entries is prohibited and Sponsor and/or Administrator have the right, in their sole discretion, to disqualify any entry that it believes may have been submitted using such an agent or automated device, program or method. In the event of a dispute regarding who submitted an entry, the entry will be deemed to have been submitted by the registered user of the Instagram account used to submit the Submission. All federal, state and local laws and regulations apply. All entries become the property of Sponsor and Administrator and will not be verified or returned. By participating in this Sweepstakes, each entrant agrees to be bound by these Official Rules and the decisions of Sponsor and/or Administrator, which are final and binding in all respects. These Official Rules may not be reprinted or republished in any way without the prior written consent of Sponsor and/or Administrator.
9. DISPUTES: By entering the Sweepstakes, each entrant agrees, to the maximum extent permitted by applicable law, that (a) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes or the provision, acceptance and/or use of any prize or prize component will be resolved individually, without resort to any form of class action (Note: Some jurisdictions do not allow restricting access to class actions. This provision will not apply to entrants who live in such a jurisdiction); (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees; (c) under no circumstances will any entrant be permitted to obtain any award for, and each entrant hereby waives all rights to claim, punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses, and (d) each entrant’s sole and exclusive remedy with respect to any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes will be an action at law for the recovery of monetary damages only, and in no event will the entrant have the right to enjoin or otherwise interfere with the exercise by the Licensees of any of the rights granted in these Official Rules or terminate or rescind any of the rights granted in these Official Rules. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the respective rights and obligations of the entrants and Sponsor or Administrator in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of New York in the United States of America without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of New York. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts located in New York County in the State of New York, waiving any right to trial by jury, and each entrant consents to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to any of the foregoing. In the event of any conflict between these Official Rules and any Sweepstakes information provided elsewhere (including but not limited in advertising or marketing materials), these Official Rules shall prevail.
10. USE OF INFORMATION: By entering the Sweepstakes, each entrant agrees that information submitted via Instagram in connection with the Sweepstakes will be subject to Sponsor’s Privacy Notice available at https://www.take2games.com/privacy/ and Administrator’s Privacy Policy available at https://genius.com/static/privacy_policy (the “Privacy Policies”) and may be used as permitted pursuant to the Privacy Policies, and may also be used as determined by Sponsor and/or Administrator in connection with the administration of the Sweepstakes (including notification of winners and provision of lists of winners when requested), and for purposes of providing products, services and information (e.g., newsletters) to the entrant.
11. WINNER NAME AND RULES REQUESTS: For the name of the winner, available after the conclusion of the Entry Period, or a copy of these Official Rules, send a self-addressed, stamped envelope to “By the Numbers” NBA2K Sweepstakes c/o Genius Media Group, Inc., 92 3rd Street, Brooklyn, NY 11231. Winner name requests must be received by Administrator within six months after the conclusion of the Entry Period.
12. SPONSOR: 2k Games, Inc. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram.