2006 NBA UD BLACK BASKETBALL GIVE-AWAY SWEEPSTAKES - OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN, NOR WILL A PURCHASE IMPROVE THE CHANCES OF
WINNING.
- Eligibility: The 2006 NBA UD Black Give-Away Sweepstakes
(the “Game”) is open only to legal residents of the fifty (50) United
States and Canada and you must be thirteen (13) years of age or older as of August
7, 2006. 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, its member teams and NBA Properties,
Inc. (the “NBA Entities”) its 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. Buy the following packs of 2006 NBA trading card product: Rookie Debut, Reflections,
Fleer Ultra, Ovation, and Hardcourt (while supplies last). Look for the instant
win card. If you get the instant win card you can either scratch off and enter the
number online at http://www.udblack.com or call customer service at 1-800-873-7332.
B.For a chance win without purchase (while supplies last) hand print your name,
e-mail, complete address with zip code (No PO Box), date of birth and day/evening
telephone numbers with area code on a 3x5 card and mail to: 2006 NBA UD Black Give-Away
Sweepstakes, 5909 Sea Otter Place, Carlsbad, CA 92010. Limit: one (1) entry, per
person, per household, per day regardless of method of entry. No copies or mechanical
reproductions accepted. More than one entry from any person, address or household
per day 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: Twenty thousand seven hundred and seventy four
(20,774) winners will receive a pack of UD Black (ARV = $100 each). Within packs
of UD Black, there will be the potential to win additional prizes. Those prizes
include: One (1) winner will receive an invitation to Michael Jordan’s Flight
School. In order to be eligible for this prize, the winner must be 35 years of age
and have clearance to participate from a physician. This prize will include airfare,
accommodations and food for six days and five nights for the winner and a guest
(ARV=$5,000). Two (2) winners will receive a trip to the 2007 NBA Rookie Photo Shoot.
This prize will include airfare, accommodations and food for 2 days and 1 night
for the winner and a guest (ARV=$3,500 each). Four (4) winners will win an Upper
Deck “Experience.” This prize will include airfare, accommodations,
and food for three days and two nights for the winner and one guest (ARV = $5,000
each). Five (5) winners will receive an invitation to Upper Deck’s Diamond
Club (ARV=$1,000 each). Ten (10) winners will receive an Upper Deck shopping spree
(ARV=$1,000 each). One hundred and fifty (150) winners will receive a product from
Upper Deck Authenticated (ARV=$150 each). (Total ARV for all prizes is $2,146,900).
Potential 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 Prize 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 August 1, 2007 will not be awarded.
- Odds of Winning: Odds of winning a pack of UD Black is
1::57. Odds of winning an additional prize is 1::952.
- Timing: The Game begins on August 7, 2006 at 12:00:01
a.m. Pacific Standard Time (“PST”) and ends on August 1, 2007 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, 2006 NBA UD Black Give-Away Sweepstakes
Winners, 5909 Sea Otter Place, Carlsbad, CA 92010 (VT residents may omit return
postage). Requests must be received by October 1, 2007.
- Sponsor: The Upper Deck Company, a Nevada Corporation,
985 Trade Drive, N. Las Vegas, Nevada 89030 © 2006 The Upper Deck Company.
All Rights Reserved.
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