2008 NBA Exquisite Experience sweepstakes official rules.
No purchase necessary to enter or win.
Official Rules
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- ELIGIBILITY: The 2008 NBA Exquisite Experience Sweepstakes (the “Game”) is open
only to legal residents of the fifty (50) United States and Canada. The Game is
only open to individuals thirteen (13) years of age or older as of January 21, 2008.
Void in Puerto Rico, Quebec Province and where prohibited or restricted by law.
Employees of The Upper Deck Company, LLC, The Upper Deck Company, a Nevada Corporation,
The National Basketball Association, their member teams and NBA Properties, Inc.
(the “NBA Entities”) their related companies, dealers, licensors, distributors,
agents, advertising agencies, promotional suppliers, service agencies, independent
contractors, as well as the immediate family and household members of each such
individuals are not eligible. By participating, each player agrees to be unconditionally
bound by these Official Rules and the decisions of Sponsor, which are final and
binding in all respects.
- TO PLAY: There are two (2) ways to play the Game: A. Purchase NBA hobby brand packs
of SPA, UD Black, SP Rookie Edition and UD Premier and look for the one instant
win card randomly inserted into each brand (4 total instant win cards). Winners
must enter their information at www.upperdeck.com/exquisiteexperience. B. For a
chance to win without purchase go to npn.upperdeck.com, enter your information and
you will be entered into a drawing for the Grand Prize. Limit: one (1) entry, per
person, per household. No copies or mechanical reproductions accepted. More than
one entry from any person, address or household for The Game will void all entries
from that person, address or household. By participating, each player agrees to
be unconditionally bound by these Official Rules and the decisions of Sponsor, which
are final and binding in all respects.
- PRIZES: The Grand Prizes will consist of the following: Five (5) winners (no guests
unless you are a minor and then you will be required to bring your parent or guardian)
will win a trip to attend Upper Deck’s pack-out for the 2008 NBA Exquisite product
and winners will be provided five minutes to build their own Exquisite Box and will
be able to keep all the cards used in the box. Air transportation and accommodations
for 2 days and 1 night will be provided to the winners. (ARV = $2,000 each; Total
ARV = $10,000) No Purchase Necessary winner will be selected via a drawing on or
about May 12, 2008. All Potential Grand Prize winners will be required to fill out
and submit an affidavit (or in Canada, a Declaration of Compliance with Contest
Rules), a Liability Release, and where lawful, a Publicity Release, all within fourteen
(14) days of notification, without which the potential winner will be disqualified
and an alternate winner selected by random drawing from all remaining participants.
If a potential winner is under the age of maturity where the winner resides (“minor”),
the potential winner’s parent or guardian must sign the Affidavit of Eligibility
(or in Canada, the Declaration of Compliance with Contest Rules), Liability Release,
and where lawful, a Publicity Release. Travel rewards are time sensitive; potential
winners of rewards involving travel must be able to travel on short notice; winners
will receive no less than fifteen (15) days notice of date, time, and location.
Travel rewards includes round trip coach air transportation from the major airport
nearest the winner’s home, the stated accommodation (i.e. 2 days, 2 nights) (standard
room, double occupancy) and meals for winner and one (1) guest. If winner is unable
to travel on dates to coincide with reward, reward will be forfeited in its entirety
and awarded to an alternate winner provided sufficient time remains to do so. If
winner is a minor, winner must travel with his/her parent or legal guardian (guest
of minor, where applicable, must be parent or guardian). No special requests will
be granted. In the event a prize is cancelled or postponed for any reason beyond
the Sponsor’s control, Sponsor will offer the winners an alternate Prize, comparable
in price to original Prize, to be chosen in the Sponsor’s sole discretion. All travel
dates and arrangements are subject to change, availability, and or Sponsor approval.
Sponsor will not replace any lost or stolen tickets, travel vouchers, certificates
or reward items. If a Canadian resident is a potential winner, he or she must answer,
without assistance of any kind, whether mechanical or otherwise, a mathematical
skill-testing question; if the potential winner cannot be contacted and the skill
test administered within seven (7) business days after the first attempt to contact
such potential winner, the Prize will be forfeited and awarded to an alternate winner.
If any reward notification is returned as non-deliverable, the potential winner
will be disqualified and the prize will be awarded to an alternate winner. SPONSOR
AND NBA ENTITIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE HELD HARMLESS
AGAINST ANY LIABILITY FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING
DEATH, AND PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE ACCEPTANCE,
POSSESSION, USE OR MISUSE OF THE PRIZE OR PARTICIPATION IN THIS GAME OR PARTICIPATION
IN ANY GAME RELATED ACTIVITY. Subject to all federal, state, provincial and local
laws. Void where prohibited. All taxes and any other fees or charges associated
with receipt of a Prize and/or use are the sole responsibility of winner. No transfer
or substitution of Prizes is permitted, except by Sponsor who reserves the right
to substitute a Prize with another of comparable or greater value. Limit: one (1)
Prize per person, family or household. All prizes unclaimed by May 12, 2008 will
not be awarded.
- ODDS OF WINNING: Odds of pulling an instant win card out of a pack 1:320,965. No
Purchase Necessary odds of winning is dependent on the number of participants entering
sweepstakes. TIMING: The Game begins on January 21, 2008 at 12:00:01 a.m. Pacific
Standard Time (“PST”) and ends on May 11, 2008 at 11:59:59 p.m. PST.
- PRIZE CONDITIONS: Each participant selected as a potential winner must comply with
all terms and conditions set forth in these Official Rules and winning is contingent
upon fulfilling all such requirements. If any prize or prize notification is returned
as non-deliverable, the potential winner will be disqualified and the prize will
be awarded to an alternate winner. Subject to all federal, state, provincial and
local laws. Void where prohibited. All taxes and any other fees or charges associated
with prize receipt and/or use are the sole responsibility of winner. No transfer
or substitution of prizes is permitted, except by Sponsor who reserves the right
to substitute a prize with another of comparable or greater value.
- PUBLICITY: By accepting the prize, the winner agrees that Sponsor and those acting
under its authority, may use winner’s name, picture/portrait, likeness, voice, biographical
information (including age, hometown and state of residence) for advertising and
promotional purposes without further consideration or authorization, unless prohibited
by law.
- GENERAL CONDITIONS: All entries and prize claims become the property of Sponsor,
and none will be acknowledged or returned. Sponsor and its agents are not responsible
for lost, late, damaged, misdirected, incomplete, illegible, stolen or postage due
mail entries or redemption claims, all of which will be disqualified. All claims
are subject to verification by Sponsor. Trading cards used in this game will be
null and void and will be rejected if: (1) not obtained in accordance with these
Official Rules and through authorized channels; (2) any part of the card is determined
by Sponsor to be counterfeited, reproduced, forged, altered, mutilated, or tampered
with in any way; or (3) it contains printing, production, typographical, mechanical,
or other errors. All applicable federal, state and local laws apply. All taxes on
prizes and incidental expenses not mentioned herein are the responsibility of the
winners. In the event of a dispute, entries made by Internet will be deemed made
by the authorized account holder of the e-mail address submitted at the time of
entry. The “authorized account holder” is deemed the natural person who is assigned
to an e-mail address by an Internet access provider, service provider or other online
organization that is responsible for assigning e-mail addresses for the domain associated
with the submitted e-mail address. A potential winner may be requested to provide
Upper Deck with proof that the potential winner is the authorized account holder
of the e-mail address associated with the winning entry. If for any reason the Game
is not capable of running as planned, including due to infection by computer virus,
bugs, tampering, unauthorized intervention, fraud, technical failure, human error
or any other causes beyond the control of the Upper Deck that corrupt or affect
the administration, security, fairness, integrity, or proper conduct of the Sweepstakes,
Upper Deck reserves the right in its sole discretion, to disqualify any individual
who tampers with the entry process, and to cancel, terminate, modify or suspend
the Sweepstakes. Upper Deck assumes no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications line failure,
theft or destruction or unauthorized access to, or alteration of, entries. Upper
Deck is not responsible for any problems or technical malfunction of any telephone
network or lines, computer online systems, servers, or providers, computer equipment,
software, failure of any e-mail or entry to be received by Upper Deck on account
of technical problems or traffic congestion on the Internet or at any web site,
any combination thereof, or otherwise, including any injury or damage to entrant’s
or any other person’s computer related to or resulting from participation or downloading
any materials in the Sweepstakes. 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, UPPER
DECK RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT
PERMITTED BY LAW.
- DISPUTES: Each participant agrees that: (1) any and all disputes, claims, and causes
of action arising out of or in connection with this Sweepstakes, or any prize awarded,
shall be resolved individually, without resort to any form of class action, and
any judicial proceeding shall take place in a federal or state court within the
State of California; (2) any and all claims, judgments, and awards shall be limited
to actual out-of-pocket costs incurred, including costs associated with entering
this Sweepstakes, but in no event shall such damages include attorneys’ fees; and
(3) under no circumstances will a participant be permitted to obtain awards for,
and each participant hereby waives all rights to punitive, incidental, or consequential
damages, or any other damages other than actual out-of-pocket expenses. Participant
shall not claim or receive any damages subject to being multiplied or otherwise
increased. All issues and questions concerning the construction, validity, interpretation
and enforceability of these Official Rules, or the rights and obligations of participants
and the Sponsor in connection with the Sweepstakes, shall be governed by and construed
in accordance with the laws of the State of California, without giving effect to
any choice of law or conflict of law rules or provisions (whether of the State of
California or any other jurisdiction) that would cause the application of the laws
of any jurisdiction other than the State of California.
- WINNERS LIST: For a list of winners, send a self-addressed, stamped envelope to:
Redemption Manager, 2008 NBA Exquisite Experience Sweepstakes Winners, 5909 Sea
Otter Place, Carlsbad, CA 92010 (VT residents may omit return postage). Requests
must be received by July 11, 2008.
- SPONSOR: The Upper Deck Company, a Nevada Corporation, 985 Trade Drive, N. Las Vegas,
Nevada 89030 © 2008 The Upper Deck Company. All Rights Reserved.
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