Infiniti's NCAA® Ticket Giveaway Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
Sweepstakes may only be entered in or from the 50 United States and the District of Columbia. Entries originating from any other jurisdiction are not eligible for entry. Sweepstakes is governed exclusively by the laws of the United States. You are not authorized to participate in the Sweepstakes if you are not located within the 50 United States or the District of Columbia.
1. How to Enter. There are two ways to enter the Sweepstakes:
If you enter the Sweepstakes using a Device, your wireless service provider's text message and data rates apply. You should consult your wireless service provider's pricing plan for details. You agree to incur any and all charges demanded by your wireless carrier. You should check your Device's features for capabilities and check the Device manual for specific use instructions.
b) Email Method of Entry: During the Sweepstakes Period, to enter without using a Device or the Instagram application, send an email to Sponsor at email@example.com, which includes a basketball-inspired, original photo ("Photo") and your full name and phone number, with "NCAA Final Four Tickets Instagram" in the subject line. Eligible entrants will receive one (1) entry into the Sweepstakes.
All entry information and Photos shall be collectively referred to herein as the "Submissions" or each as a "Submission." By entering, each entrant warrants and represents the following with respect to his/her Submission: (a) entrant is the sole and exclusive owner of the Submission; (b) the Submission is entrant's own creation; (c) the Submission will not infringe on any rights of any third parties; and (d) any third party whose person or property appears in the Submission has given entrant appropriate written consent (which shall be provided to Sponsor upon request thereof) for such person or property to be photographed and used as permitted herein.
By entering, each entrant further agrees that his or her Submission conforms to the Photo Guidelines and Content Restrictions set forth below (collectively, the "Guidelines and Restrictions") and that Sponsor, in its sole discretion, may reject any entrant's Submission and disqualify him or her from the Sweepstakes if Sponsor believes, in its sole discretion, that such Submission fails to conform to the Guidelines and Restrictions.
Limit one (1) entry per person, regardless of method of entry. No automated entry devices and/or programs permitted. All entries, including Submissions, become the sole and exclusive property of Sponsor and receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, postage-due, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed entry forms are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor.
2. Start/End Dates. Sweepstakes begins at 12:00:01 am Eastern Time ("ET") on February 27, 2013 and ends at 11:59:59 pm ET on March 11, 2013 (the "Sweepstakes Period").
3. Eligibility. Participation open only to legal residents of the fifty (50) United States and the District of Columbia, who are at least eighteen (18) years old as of date of entry. Void outside of the fifty (50) United States and the District of Columbia, and where prohibited, taxed or restricted by law. Employees, officers and directors of Sponsor, the National Collegiate Athletic Association, Turner Sports, Inc., and CBS Broadcasting, Inc. and each of their parent companies and its parent company, subsidiaries, affiliates, partners, dealers, advertising and promotion agencies, manufacturers or distributors of Sweepstakes materials and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter. All federal, state and local laws and regulations apply.
4. Random Drawing/Odds. One (1) winner will be selected in a random drawing from all eligible entries received on or about March 12, 2013. Odds of winning depend on the number of eligible entries received for the drawing. By entering the Sweepstakes, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Sweepstakes.
5. Prize. One (1) winner will receive a trip to the NCAA® Men's Basketball 2013 Final Four®. Trip includes a 4-day/3-night trip for winner and travel companion to Atlanta, Georgia, including round-trip coach airfare from major gateway airport near winner's residence, double occupancy hotel accommodations, and two (2) tickets to the NCAA® Men's Basketball 2013 Final Four® (includes Semi-Final game and Championship game (collectively, the "Games") currently scheduled to take place April 6, 2013 and April 8, 2013). Ticket terms and conditions apply*.
Taxes, meals, gratuities, travel upgrades, or any other expenses not specifically listed herein responsibility of winner. Travel and accommodations subject to availability; certain restrictions and blackout dates may apply. Winner must travel prior to April 6, 2013, or prize will be forfeited and may be awarded to an alternate. If winner is considered a minor in his/her jurisdiction of residence, travel companion must be winner's parent or legal guardian. Winner and travel companion must travel on the same itinerary and travel companion must sign travel release prior to ticketing. Travel companion must be of the age of majority unless the winner is travel companion's parent or legal guardian. Sponsor is not liable for delays, cancellation or unforeseen events related to the flights. Winner and travel companion will be solely responsible for obtaining valid identification relating to acceptance and use of the travel prize packages. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Approximate retail value ("ARV") of prize: $5,000, but actual value may vary depending on air flight fluctuations and distance between departure and destination. Winner will not receive difference between actual and approximate retail value. Prizes are non-transferable. No substitutions or cash redemptions, except in the case of unavailability of any prize, Sponsor reserves the right to substitute a prize of equal or greater value.
Certain Prize Restrictions/Tickets*:
Should the Games portion of the prize be canceled, postponed or in any way abbreviated, the Released Entities (defined below) will have no liability or further obligation to the winner other than to supply the trip, minus the Game tickets. Tickets are subject to certain terms and conditions as specified by the NCAA. Seat locations will be determined by the Sponsor. The Released Entities, and/or any other relevant party, reserve the right to remove or to deny entry to any winner and/or guest who engages in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person at the game. The terms and conditions of the tickets awarded as prizes will govern in the event a game is not played due to weather, an act of God, threat or act of terrorism, civil disturbance or any other reason. Cash cannot be substituted for any ticket prize unless otherwise agreed by the Sponsor. Unused tickets cannot be refunded, exchanged for cash or applied towards tickets for any subsequent years. No responsibility is assumed by the Released Entities for any cancelled rescheduled, delayed or postponed game in whole or in part. Meals, gratuities and all other costs and expenses not specified herein in connection with the tickets, including taxes, if any, are the responsibility of the winner. All prize details are at the sole discretion of the Sponsor.
6. Notification. Winner will be notified by Sponsor via Instagram or email for non-Instagram entrants on or about March 13, 2013 and will be required to sign and return, where legal, an Affidavit of Eligibility, Liability/Publicity Release and/or rights transfer document within three (3) calendar days of prize notification. Additionally, winner may be required to obtain releases from any and all third parties appearing in his/her Submission. If any winner is considered a minor in his/her jurisdiction of residence, Affidavit of Eligibility, Liability/Publicity and rights transfer document must be signed by his/her parent or legal guardian. If winner cannot be contacted within three (3) calendar days of first notification attempt, if prize or prize notification is returned as undeliverable, if winner rejects his/her prize, or in the event of noncompliance with these Official Rules, such prize will be forfeited and may be awarded to the Submission with the next highest score. Upon prize forfeiture, no compensation will be given.
7. Conditions. Sponsor shall not be liable or responsible in the event winner's Submission is not used for any reason. Submissions may be cut, edited, reformatted, rearranged, combined with other materials and/or otherwise modified, in Sponsor's sole and absolute discretion. Participation in Sweepstakes and acceptance of prize constitutes winner's permission for Sponsor to use his/her name, address (city and state), likeness, image, photograph, picture, portrait, voice, biographical information, Submission and/or any statements made by each winner regarding the Sweepstakes or Sponsor for advertising and promotional purposes, in any and all media now known or hereafter developed, worldwide, in perpetuity, without notice or additional compensation, except where prohibited by law. By participating, entrants and winner agree to release and hold harmless Sponsor, Instagram, LLC and their respective partners (Including the National Collegiate Athletic Association, Turner Broadcasting System, Inc. and CBS Broadcasting, Inc.)and promotion and advertising agencies and each of their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, the "Released Entities"), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including without limitation property damage, personal injury and/or death which may occur in connection with, preparation for, travel to or participation in Sweepstakes, or possession, acceptance and/or use or misuse of prize or participation in any Sweepstakes-related activity and for any claims based on publicity rights, defamation, misappropriation, false association, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action and/or breach of contract. Entrants who do not comply with these Official Rules, or attempt to interfere with this Sweepstakes in any way shall be disqualified. Sponsor is not responsible if Sweepstakes cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather, acts of terrorism or any other causes outside of Sponsor's reasonable control.
8. Additional Terms. In case of dispute as to the identity of any entrant, entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. "Authorized Account Holder" is defined as the natural person who is assigned an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Any potential winner may be requested to provide Sponsor with proof that such winner is the authorized account holder of the e-mail address associated with the winning entry. Any attempted form of entry other than as set forth in Section 1 above is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. The Released Entities are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one's ability to enter the Sweepstakes, including any injury or damage to participant's or any other person's computer relating to or resulting from participating in this Sweepstakes or downloading any materials in this Sweepstakes. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Sweepstakes should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, Sponsor may select the winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Sweepstakes or web site. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives. The NCAA® is not a sponsor of this promotion. NCAA® and Final Four® are registered trademarks of the National Collegiate Athletic Association.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
9. Limitation of Liability; Disclaimer of Warranties. IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE ANY SITE, OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
10. Disputes; Governing Law. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules and/or the Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, City of New York.
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Sweepstakes, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of New York in the State of New York. The parties agree not to raise the defense of forum non conveniens.
12. Name of winner. To obtain the name of winner, send a self-addressed, stamped envelope by March 31, 2013 to: Cheryl Markley, 5353 Grosvenor Blvd., Los Angeles, California, 90066.
13. Sponsor. Infiniti, a Division of Nissan North America, Inc., One Nissan Way, Franklin, TN 37067. Infiniti is an official corporate partner of the NCAA®.