The 2023 “360 Sports Basketball Court Giveaway Consumer Sweepstakes” (“Sweepstakes”) Official Rules. NO PURCHASE NECESSARY. MUST BE 18 YEARS OR OLDER. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Official Rules. The Sweepstakes is subject to these Official Rules. VOID WHERE PROHIBITED. The Sweepstakes is sponsored by 360 SportScapes LLC, Incorporated, 87 Range Road, Windham NH 03087 (the “Sponsor”).
2. Eligibility. The Sweepstakes is open to legal residents of the United States, who reside in (a) Massachusetts, (b) Rhode Island, New Hampshire, Vermont, and Maine who live within a 150- mile radius of Boston, Massachusetts, or (c) Connecticut who live within a 75-mile radius of Boston, Massachusetts (collectively, the “Territory”), and are the legal age of majority in their state of residence (and at least 18 years or older) at the start of the Sweepstakes (“Entrant”). Entrant must own a home with a driveway (or with another similar area that can accommodate the Prize in Section 8) within the Territory (the “Home”), and have the authority to allow the Home to receive the Prize installation (as described in Section 8). By participating in the Sweepstakes, Entrant agrees to be fully and unconditionally bound by these Official Rules and the decisions of Sponsor. Entrant must have an internet connection.
3. Sweepstakes Restrictions. Employees of Sponsor, Sponsor’s affiliates, Banner Seventeen, LLC, doing business as the Boston Celtics (the “Celtics”), the National Basketball Association and its Member Teams (“NBA”), NBA Properties, Inc. (“NBAP,” and together with the Celtics, NBA and NBAP, the “NBA Entities”), Sweepstakes supervisors and members, and each of their immediate families, and each of their respective parent companies, representatives, subsidiaries, shareholders, affiliates, officers, governors, owners, distributors, retailers, advertising/promotion agencies (collectively, “Released Parties”), and members of their immediate families (parent, spouse, sibling or child and their respective spouses, regardless of where they reside) and those living in the same household of each, whether or not related, are not eligible to participate or win. The Sweepstakes is not sponsored nor administered by the NBA Entities. The Sweepstakes is subject to all applicable federal, state and local laws, rules and regulations. Void where prohibited. By entering this Sweepstakes, each Entrant represents and warrants that Entrant meets the above eligibility requirements and agrees to abide by these Official Rules.
5. Sweepstakes Period: The Sweepstakes begins at 12:00 a.m. Eastern Time (“ET”) on Friday, November 17, 2023, and ends at 1:00 p.m. ET on April 30, 2024 (the “Sweepstakes Period”). Entries must be received within the Sweepstakes Period according to the Sponsor’s internal time clock. Entries will not be accepted if received after 1:00 p.m. on April 30, 2024.
7. Sweepstakes Entry Restrictions. 7.1. Multiple Entries. Limit of one (1) Entry per day of the Sweepstakes Period per natural person. Multiple Entries submitted on the same day of the Sweepstakes Period will not be considered. Submitting the same Entry repeatedly on www.360sportscapes.com/sweepstakes will not increase your chances of winning. 7.2. Multiple Accounts. Entrants discovered to be entering under multiple email accounts will be disqualified. Sponsor reserves the right to disqualify false Entries or Entries suspected of being false. In the event of a dispute as to the identity of a Winner (defined in Section 8.1 below), Sponsor, in its sole discretion, will determine the Winner to be the person who owns the winning email account.
8. Prizes. 8.1. Prize Approximate Retail Value (“ARV”). In total there will be one (1) Sweepstakes winner as set forth below and selected by random drawing on May 1, 2024 by Sponsor from among all eligible Entries received during the Sweepstakes Period (the “Winner”). The Winner will receive the Prize (identified below). The total ARV of the prize offered during Sweepstakes Period is $15,000. Prize is (a) one (1) custom 25×25 360 SportScapes basketball court (“Court”), and (b) one (1) Dominator inground basketball hoop (“Hoop,” and together with the Court, the “Prize”), with the specific details to be determined by the Sponsor. Winner will receive the opportunity to have Sponsor install the Prize at Winner’s Home (“Residence”), with the specific installation details to be determined by Sponsor. Restrictions apply. No substitution, transfer, or cash redemption of any Prizes permitted, provided however that Sponsor reserves the right to substitute a Prize with another Prize of equal or greater value should the advertised Prize become unavailable for any reason. By accepting the Prize, Winner represents and warrants that the Winner has the authority to allow the Prize to be installed at Winner’s Home. Winner cannot assign or transfer their Prize to another person or business. Sponsor will not be responsible for awarding any un-awarded portion of a Prize to Winner if Winner undertakes activities or communicates messages or images or engages in speech publicly or made known publicly that: (i) are sexually explicit, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; (ii) are obscene or offensive, or may create public disrepute, contempt, scandal or ridicule; (iii) defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any third party’s or Released Party’s personal or intellectual property rights or contain disparaging remarks about other people or companies; (iv) are inconsistent with the positive images and/or goodwill to which Sponsor and/or any of the NBA Entities wish to associate as determined by each such party, in their sole and absolute discretion; and/or (v) otherwise violate the terms of any of the agreements that Winner has agreed to comply with as an entrant of the Sweepstakes. If the Winner cannot take possession of the Prize on date specified, they will forfeit the Prize, in Sponsor’s discretion. Prize conditions may be added or modified by companies providing those portions of the Prize. The Prize restrictions/conditions stated herein are not all inclusive. No transfer, substitution, or cash equivalent for any Prize, in whole or in part, will be permitted except at Sponsor’s sole discretion due to Prize unavailability for any reason, and only then for a Prize of greater or equal value determined by Sponsor shall be allowed. All Prize details are at Sponsor’s sole discretion and are subject to change. All other expenses relating to acceptance of the Prize not explicitly stated herein are solely the responsibility of the Winner or guest. Released Parties will not replace any prize once in Winner’s possession. Prize is not refundable or transferable and may not be substituted or exchanged for cash or credit at any time. Prize may not be sold to a third party. 8.2. Liabilities. Winner is solely responsible for any and all federal, state, and local taxes on Prize. All activities related to the Prize are at the Winner’s own risk and subject to whatever restrictions are imposed by the entities that govern such activities.
9. Odds. The odds of winning depend upon the number of eligible Entry Forms received. There will be one (1) Winner selected from among all valid entries received as described in Section 8.1 above.
10. Notification of Winners. 10.1. Notification. The potential Winner will be drawn and notified on or before 2 PM ET on May 1, 2024. The potential Winner will be notified by e-mail from the Sponsor to potential Winner’s email address. It is the sole responsibility of each Entrant to notify the Sponsor if their contact information changes. Subject to verification of eligibility and fulfillment of all requirements pursuant to these Official Rules, Winners of the Prize will receive a code (“Code”) to redeem their Court and Hoop on 360Sportscapes.com . The potential Winner will be required to respond as directed within 24 hours of attempted notification. The potential Winner may also be required to execute a liability release form, Winner’s affidavit of eligibility, and other documentation reasonably requested by the Sponsor (collectively, the “Release”). Such documentation must be completed and returned within ten (10) days from the date of notification before Sponsor awards any Prize. 10.2. Unclaimed Prizes/Alternate Winner. If the Prize notification or any Prize is returned as undeliverable, or if a Winner may not accept or receive a Prize for any reason including failing to comply with these Official Rules, failing to respond to notification after 24 hours of receiving the notification email or failing to provide any required documents, the Prize will be forfeited and Sponsor may choose an alternate Winner in accordance with these Official Rules. Sponsor may not make multiple attempts to contact the potential Winner. 10.3. Prize Delivery. Installation of the Prize will occur within approximately ninety (90) days of the later of the date on which the Sponsor receives (a) the Winner’s completed, signed Release from the Winner, and (b) the date on which Winner redeems their Court and Hoop on 360Sportscapes.com using the Code.
11. Publicity. By participating in the Sweepstakes, all Entrants agree to be bound by these Official Rules and irrevocably grant the Sponsor, the NBA Entities, and each of their respective successors, assigns and licensees the right to use such Entrants’ name, voice, photograph, video or film clips, biographical information and/or other visual likeness in any and all media or formats known or later developed without any further compensation, permission or notification for any purpose, including without limitation, commercial, advertising and promotional purposes conducted by Sponsor or any of the NBA Entities.
12. Sweepstakes Interference. 12.1. Impairment. Any portion of the Sweepstakes may be canceled, suspended and/or modified, in whole or in part, if in Sponsor’s opinion any fraud, technical failure or other factor beyond Sponsor’s control impairs the integrity or proper functioning of the Sweepstakes. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in a disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person. 12.2. Sponsor’s Remedies. Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Entrant may not enter with multiple identities or use any automated system, bot or other device or artifice to enter or obtain more than the maximum number of qualified Entries. ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE SWEEPSTAKES. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
13. Limitations of Liability. 13.1. Entrant’s Sole Remedy. If for any reason an Entry Form is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, the Entrant’s sole remedy is another Entry Form in the same Sweepstakes during the Sweepstakes Period. 13.2. Indemnification. Entrants and the Winner also agree to release, discharge, indemnify and hold harmless Sponsor and each of the Released Parties from and against any claims, actions, liability, loss, injury or damages, disability, attorneys’ fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person, including, without limitation death to Entrants, Winner, or any third party, or damages or losses to property of any kind resulting in whole or in part, directly or indirectly, by any reason, from: 13.2.1. use, redemption, acceptance, possession, ownership, or misuse of any Prize; 13.2.2. participation in any activity, event, or excursion offered in connection with the Prize; 13.2.3. use of any facility, service and/or accommodation related to the Prize; or 13.2.4. participation in any Sweepstakes-related activity or participation in this Sweepstakes. 13.3. No Liability. The Released Parties will not be liable for: 13.3.1. late, lost, delayed, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible Entries, communications or declarations, regardless of the method of transmission; 13.3.2. telephone system, telephone or computer hardware, software or other technical malfunctions, lost connections, disconnections, delays or transmission errors; 13.3.3. data corruption, theft, destruction, unauthorized access to or alteration of Entries or other materials; 13.3.4. any injuries, losses or damages of any kind, whether under a theory of contract, tort (including negligence), warranty, or any other theory, caused by the Prize or resulting from the delivery, misdelivery, acceptance, possession, use of, misuse of, or inability to use any prize, or from participation in the Sweepstakes; 13.3.5. any printing, typographical, administrative or technological errors in any materials associated with the Sweepstakes. By accepting a prize, Winner agrees that the Sponsor and the Released Parties will have no liability and will be held harmless by such Winner for any liability, loss, injury, or damage to property or to person, including death, due in whole or in part, directly or indirectly, by reason of the acceptance, participation in, use or misuse of the prize or participation in the Sweepstakes, even if caused or contributed to by the negligence of any of the Sponsor or the Released Parties. 13.4. Technical Malfunctions. Without limiting the generality of the foregoing, Released Parties are not responsible for computer malfunctions, network connections, email delivery problems, Sponsor or third-party systems failure or incompatibility, typographical, technical or key-stroke errors, or interruptions in internet services, and for incomplete, illegible, misdirected, misprinted, late, lost, damaged or stolen notifications. 13.5. Force Majeure. In the event Sponsor is prevented from continuing with the Sweepstakes by any event beyond its control, including but not limited to, due to COVID-19 concerns, restrictions or regulations, or due to fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, or any federal, state or local government law, order, or regulation, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor will have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor may, if possible, select the Winners from all eligible, non-suspect Entries received as of the date of the event giving rise to the termination.
14. Severability. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not included.
15. Governing Law and Venue. Disputes regarding these Official Rules and/or this Sweepstakes will be governed by the internal laws of the State of New Hampshire, and each Entrant irrevocably and unconditionally agrees that it will not commence any action, litigation or proceeding of any kind whatsoever against Sponsor in any way arising from or relating to this Sweepstakes or these Official Rules in any forum other than the appropriate district or State courts of the State of New Hampshire.
16. Disputes. DECISIONS OF SPONSOR ARE BINDING AND FINAL. NO CLAIMANT IN ANY DISPUTE INVOLVING THE RELEASED PARTIES WILL BE ENTITLED TO CLAIM OR OBTAIN INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES. SPONSOR’S FAILURE TO ENFORCE ANY PROVISION IN THESE OFFICIAL RULES WILL NOT CONSTITUTE A WAIVER OF THAT PROVISION. AS A CONDITION OF PARTICIPATING IN THIS SWEEPSTAKES, ENTRANT WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR HAVE A TRIAL BY JURY FOR ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS SWEEPSTAKES.
17. Sweepstakes Results: For identification of the Winner and/or a copy of these Official Rules you can visit send a hand-printed, self-addressed, stamped envelope stating the specific name of this Sweepstakes to Attention: Ted Renda, 87 Range Road, Windham, NH 03087. Requests must be received within ninety (90) days of the Sweepstakes Entry Period end date. © 2023, 360 SportScapes, LLC. All rights reserved. 360 SportScapes is a trademark of 360 Sports Systems, LLC. All other trademarks are the property of their respective owners.