2016-17 “Cardel Homes Inc. BALL KID” SWEEPSTAKES OFFICIAL RULES AND REGULATIONS
NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING. VOID WHERE PROHIBITED BY LAW. PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED. ENTRY IN THIS PROMOTION CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES.
- GENERAL DESCRIPTION:The 2016-17 Denver Nuggets “Cardel Homes Inc. Ball Kid” Sweepstakes (the “Promotion”) is a season long online promotion through the Cardel Homes and Denver Nuggets’ website. Parents and legal guardians have to opportunity to win for their child (ages 7 – 14) to be the Denver Nuggets Ball Kid at a Denver Nuggets regular season home game during the 2016-17 NBA season. One (1) different child will receive the opportunity to be a Cardel Homes Inc. Ball Kid at each 2016-17 Denver Nuggets regular season home game played on and after Friday October 29, 2016 with potential for playoff games. Parents and/or legal guardians over 18 years of age must enter the Promotion as described below.
- ENTRY PERIOD/ELIGIBILITY. The Promotion entry period begins at 10:00 am local Denver time on October 1, 2016 and ends at 5:00 pm on April 9, 2017 (the “Entry Period”). The Promotion is open to only to natural persons who are legal U.S. residents who (i) reside in the area that is seventy-five (75) miles from the city of Denver, Colorado; (ii) are at least eighteen (18) years of age; and (iii) who is the parent or legal guardian of a minor between the ages of 7 and 14, inclusive, at the time of entry. Employees of the Denver Nuggets, Kroenke Sports & Entertainment, Cardel Homes Inc., the National Basketball Association and its member teams, NBA Properties Inc. (collectively, the “Promotion Entities”), each of the Promotion Entities’ parents, affiliates, subsidiaries and members/participants, and each of their respective directors, officers, governors, owners, shareholders, employees, agents, and advertising and promotional agencies, and such employees’ immediate family members (spouse, domestic partner, parent, in-laws, grandmother, grandfather, brother, sister, children, grandchildren), and any persons living in the same household of such employees are not eligible to participate or win a prize in this Promotion. Proof of age, identity and eligibility must be furnished to Sponsor if an entrant is selected as a winner. All entry information must be complete and accurate. The Colorado Avalanche will not award a prize to anyone not meeting eligibility requirements at the time of entry. Void where prohibited by law.
- SPONSOR. The sponsor of this Promotion is: The Denver Nuggets Limited Partnership, a Delaware limited partnership, 1000 Chopper Circle, Denver, CO 80204 (the “Sponsor”).
- HOW TO ENTER.Eligible participants must complete the Denver Nuggets “Cardel Homes Inc. Ball Kid” online registration form during the Entry Period. The form can be found on the Cardel Homes website. The registration form includes the first name, last name, email address, phone number and zip code of entrant and the name and age of the entrant’s minor child. The registrant must agree to the “Terms and Conditions” by clicking on the box before their entry form can be submitted. Incomplete entries will not be accepted or valid. Only one entry per minor is permitted for the 2016-17 regular season. Sponsor may run multiple campaigns, contests, sweepstakes or other promotions simultaneously. Entry into one campaign, promotion, contest or sweepstakes does not constitute entry into any other. In the event of a dispute concerning the identity of an entrant, an entry will be deemed made by the authorized account holder of the email address submitted at the time of entry. The authorized account holder is the natural person who is assigned to the email address by an internet access provider, online service provider or other organization that is responsible for assigning the email address or the domain associated with the submitted email address.
- ODDS/PRIZES. One (1) winner will be randomly selected approximately one (1) week before each applicable home game from among all eligible entrants. All non-selected entries will be automatically rolled into subsequent drawings. Each winner will receive the following prize package (the “Prize Package”):
- Four (4) game tickets to a Denver Nuggets home game
- One (1) VIP Parking Pass
- One (1) VIP Gift Bag
- One (1) Pre-Game VIP Pepsi Center Tour for winner and three guests
- One (1) Pre-Game Courtside Experience
- WINNER NOTIFICATION ACCEPTANCE AND PUBLICITY.Each potential winner of the Promotion may (in Sponsor’s sole discretion) be required to execute an affidavit of eligibility/release of liability/prize acceptance agreement (the “Prize Acceptance Release”) and return the Prize Acceptance Release before being eligible to receive his or her prize. If any potential prize winner fails or refuses to sign and return such Prize Acceptance Release within three (3) days of the first (1st) notification attempt or if the prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential prize winner, such potential prize winner (in Sponsor’s sole discretion) may be disqualified and an alternate may (in Sponsor’s sole discretion) be selected. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules, he or she may be disqualified in Sponsor’s sole discretion. The Prize Acceptance Release is subject to verification by Sponsor. No Promotion Entity is responsible or liable for late, lost, damaged, intercepted misdirected, or unsuccessful efforts to notify the potential winners. Except where prohibited by law or regulation, participation in the Promotion constitutes entrant’s consent to the publication, dissemination and use of his or her name, photograph, image, likeness, biographical data and voice by any Promotion Entity in any media and by all manners (now and hereafter known), in perpetuity, at any time for any purpose without any additional compensation to, permission from or inspection by entrant and entrant’s waive any and all claims and/or rights to receive any royalties or other compensation for such use thereof, unless prohibited by law.By entering or attempting to enter this Promotion, potential entrants, entrants and prize winners agree to grant the Denver Nuggets, L.P., Pepsi Center, Kroenke Sports & Entertainment, LLC; Kroenke Arena Company, LLC; the National Basketball Association (“NBA”), Cardel Homes Inc., and their respective successors royalty-free rights to use the child’s voice, photograph, video, and likeness in any media (Pepsi Vision, Altitude TV, ESPN, TNT or NBATV or any away-team media on-site) related to their performance in/or observation of the competition or VIP Experience including, without limitation, a videotape recording of such activities without compensation to the entrant, potential entrants and prize winners or their personal representatives, assigns, heirs, children, dependents, spouse and relatives.
- RELEASE AND WAIVER OF LIABILITY.By entering or attempting to enter this Promotion, potential entrants, entrants and prize winners agree to forever waive and release each Promotion Entity, each of their respective parents, affiliated companies and subsidiaries, and each of their respective officers, directors, owners, shareholders, employees, agents, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, and any and all other companies associated with the Promotion, (collectively, “Released Parties”) from and against any and all liability, claims or actions of any kinds whatsoever for injuries, expenses, damages or losses to persons (including death) and property arising out of participating in the Promotion, or which may be sustained in connection with the receipt, possession, ownership, use or misuse of the prizes, or while preparing for, participating in, and/or traveling to any prize-related activity. The Released Parties expressly disclaim any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of the prizes awarded. By participating in this Promotion, entrant agrees to be bound by all the Official Rules of this Promotion. The Released Parties are not responsible for printing or typographical errors in any Promotion-related materials; for stolen, lost, late, misdirected, damaged, incomplete, illegible entries; or for transactions that are lost, misdirected, fail to enter into the processing system, postage-due mail, or are processed, reported, or transmitted late or incorrectly, or are lost for any reason, including, without limitation, paper transfer, or human error; or for electronic, computer, or telephonic malfunction or error. If, in Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion, or if a computer virus, bug, unauthorized intervention, fraud, technical difficulties, or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Promotion, Sponsor reserve the right, in its sole discretion, to disqualify any individual who tampers with the entry process; to modify or suspend the Promotion; or to terminate the Promotion.ANY PERSON ATTEMPTING TO DEFRAUD SPONSOR OR IN ANY WAY TAMPER WITH, DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION WILL BE DISQUALIFIED AND MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PROSECUTION. Further, the Released Parties are not responsible for any additional expenses, omissions, delays or re-routing resulting from any acts of any government or authority. Also, the Released Parties are not responsible, and may disqualify an entrant, if his or her contact information does not work or if it is changed without entrant giving prior written notice to Sponsor. Released Parties are not responsible or liable to any entrant or to the winner or any person claiming through such winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, kidnapping, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slowdown, civil disturbance, insurrection, riot, vandalism, or any other cause beyond the Released Parties’ sole control. Denver Nuggets collects personal data from entrants when they enter this contest. This information becomes the property of Denver Nuggets, and may be combined with other information that you have submitted in the past. Personal data is subject to Denver Nuggets’ and Cardel Homes Inc. privacy policies and will be handled consistent with those policies (which can be found at denvernuggets.com and cardelhomes.com and subject to any specific privacy choices you communicate to them in the future.
- CONSTRUCTION/GOVERNING LAW/DISPUTES. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any entrant and Sponsor, shall be governed by, and construed in accordance with the laws of the State of Colorado, without giving effect to any choice of law or conflict of law rules or provisions (whether of Colorado, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than Colorado. The parties to any such dispute hereby consent to exclusive jurisdiction and venue of the courts located in the County of Denver, Colorado in any action to enforce (or otherwise relating to) these Official Rules or relating to this Promotion. In the event that any provision of the Official Rules or the Prize Acceptance Release is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision here. BY ENTERING THE PROMOTION, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.
- DISCLAIMER. The Released Parties are not responsible for: (1) problems associated with television transmission, radio transmission, cable transmission, satellite transmission, phone lines, facsimile, or cable lines and/or phone or IP numbers that are beyond their control, including, but not limited to, a busy signal, operator interference, cellular interference, internet congestion, technical or atmospheric conditions that disrupt the completion of a phone call, facsimile transmission, email transmission, or cable modem service, any error, omission, interruption, defect or delay in operation or transmission at any website, or wireless calling/text message carrier service, interrupted or unavailable network, server or other connections; failure of any entry to be received in whole or in part by the Denver Nuggets due to technical problems, telephone service problems, human error or traffic congestion on the internet or at any website, or wireless calling/text message carrier service; communications line, hardware and/or software failures, malfunction of phones (including wireless phones/handsets), phone lines, other communications malfunctions, unavailable network connections, cellular equipment towers, telephone systems or wireless service; damage to any computer (software or hardware) resulting from participation in the Promotion, or damage to mobile phone or other PDA device or other internet interruptions or malfunctions or for technical or other difficulties which may prohibit, prevent, or interfere with the transmission of radio signals to all or limited geographic areas during the playing of the Promotion or that may prohibit, prevent, or interfere with the acquisition, completion or submission of an entry; failures of or other problems relating to computer hardware, software, the internet, or similar systems, including but not limited to difficulties relating to entrants’ ISP, DSL, or cable modem access, “worms,” or viruses or any other problems of any description or nature which may prohibit, prevent or interfere with the acquisition, completion or submission of any entry; (2) typographical errors in any materials relating to the Promotion; (3) lost, misdirected, illegible, incomplete, or delayed entry forms; (4) cancellations, postponements, or delays; (5) Acts of God, war, terrorism, government regulation, disaster, fire, strikes, civil disorder, or other similar causes beyond the control of the Promotion Entities, their affiliated, parent, and subsidiary companies, advertising and promotional agencies and their immediate assigns, making it inadvisable, illegal, impossible, or impractical to continue the Promotion or to perform under these Rules. In the event of any of the foregoing or in the event of an ownership change, Sponsor reserves the right to cancel, terminate, suspend, or modify, or continue the Promotion, in its sole discretion. None of the Released Parties make any warranty, guarantee, or representation of any kind concerning any Prize Package, and the RELEASED PARTIES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS, AND ANY OTHER IMPLIED WARRANTY.
- OFFICIAL RULES AND WINNERS’ LIST REQUESTS. . To obtain a list of all Prize Package winners, send a stamped self-addressed envelope with your request to: Denver Nuggets, c/o Cardel Homes Inc. Ball Kid, 1000 Chopper Circle, Denver, CO 80204. All requests must be received on or before May 30, 2017.