Program Terms & Conditions
1. Participation in Jr. NBA Vietnam (the “Program”) is open to all basketball players in Vietnam from 5 to 14 years of age who have registered for the Program (“Participants”) with the written permission of his/her parent(s)or legal guardian(s) (“Guardians”); provided, however, that only Participants born between September 1, 2004 and August 31, 2006 will be eligible to be selected as Jr. NBA Vietnam All-Stars.
2. Employees and immediate family members of NBA Properties, Inc. (“NBAP”), NBA Media Ventures, LLC, NBA Asia, Limited, the National Basketball Association (the “NBA”), the NBA member teams, WNBA Enterprises, LLC, the Women’s National Basketball Association and its member team, NBA Entertainment, a division of NBAP, the NBA Development League, LLC and its teams and each of their respective affiliates (collectively, the “NBA Entities”) are not eligible to register for or participate in the Program. Registration entries are void where participation is prohibited by law. No purchase is necessary for participation in the Program.
3. Each of the Guardians and Participants agrees that:
(a) the selection process to pick Program prize winners will be conducted by a committee of NBAP staff;
(b) the participation of any Participant in the Program may be terminated, without prior notice, at any time and for any reason by the NBAP in its sole and absolute discretion, and that NBAP’s decision is final and no correspondence will be entertained;
(c) in the event of a dispute, any Participant’s entitlement to participate in the Program and/or receive any prize is subject to the sole discretion and final determination of NBAP; and
(d) Each Participant will be required to submit a release and waiver form, executed by both the Participant and his/her Guardian, as a condition to participation in the Program.
4. By registering to participate in the Program, each of the Guardians and Participants undertakes, represents and warrants to the NBA Entities that:
(a) Participant shall abide by all rules, procedures and conditions for participation in the Program, which will be determined by NBAP in its sole discretion;
(b) the information provided for registration by Guardian and/or Participant is accurate and valid. The Guardian is lawful legal representative of the Participant. Guardian and/or Participant shall present government-issued identification (e.g. birth certificates of the Participants, ID cards of the Guardians and guardianship registration documents in the case of wards) used for registration for the Program to prove that Participant’s age and identity is as represented during registration before Participant is allowed to commence participation the Program. Participant shall be disqualified from the Program if Guardian and/or Participant fails to do so;
(c) Participant is in good physical condition and able to participate in the Program;
(d) Participant does not violate any laws or regulations or the rights of any third party by participating in the Program;
(e) Guardian permits Participant to participate in the Program and Guardian and/or Participant fully acknowledges and appreciates the potential risk of the Program, including the risk of bodily injury, and expressly and knowingly accepts all potential risk of injury; and
(f) they shall assume all risks and consequences arising from Participant’s participation in the Program, and Guardian and/or Participant agrees not to hold the NBA Entities liable for any losses, damages or expenses that they may suffer from the Program.
5. Each of the Guardians and Participants agrees that except as may be required under applicable law, the NBA Entities make no warranties about any prize offered as part of the Program, including warranties as to the quality, merchantability or fitness for purpose of such prize.
6. Unless otherwise specified, each of the Guardians and Participants shall be responsible for all travelling expenses incurred by any of them including but not limited to meals, drinks, transfers, laundry charges, activities, incidentals, taxes (including airport taxes, departure taxes), energy surcharges, gratuities, services charges, travel insurance and all other ancillary costs.
7. Each of the Guardians and Participants shall ensure that he/she has valid documentation, including but not limited to valid passports and visas, which meet the requirements of immigration and other government authorities at every destination, and he/she shall be liable for any and all fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities. Where any Participant or prize winner is refused entry to any destination he/she shall forfeit the prize and/or participation in its entirety and no compensation or substitute shall be offered.
8. Prizes may be subject to change (whether due to unavailability or otherwise) and cannot be transferred, assigned, redeemed for cash, substituted, or altered, except by NBAP at its sole discretion, and such prize may then be substituted for one of comparable or similar value. Each of the Guardians and Participants shall be solely responsible for all applicable taxes and all other expenses not specified herein.
9. By participating in the Program and providing any information, personal or otherwise, to the NBA Entities, each of the Guardians and Participants consents to the NBA Entities and their affiliates, partners and service providers for collecting, analyzing, using, processing, storing, sharing, disclosing and transferring such information to third parties and partners for the purposes of marketing (including sending advertising emails and text messages), planning, promotions, research, events and/or any other purposes and programs henceforth. The information collected, analyzed, used, processed, stored, shared, disclosed or transferred may be retained and may continue to be used by the NBA Entities and their affiliates, partners and service providers until: (i) the relevant purposes for the use of such information are no longer applicable; and (ii) they are no longer required by applicable law, regulations, contractual obligations or legitimate business purposes to retain such information and the retention of such information is not required for the establishment, exercise or defense of any legal claim.
10. Each of the Guardians and Participants agree to be bound by these Terms and Conditions and agree that: (a) the NBA Entities and their respective affiliates, partners and service providers may use (unless prohibited by law) the Participant’s name, voice, city/state/country of residence, photographs, video or film clips, and/or other visual likeness for advertising and/or trade purposes and/or for any other purpose in any media or format now or hereafter known without further compensation (financial or otherwise), permission from or notification to the Guardians or Participants; and (b) to the full extent permitted by law, the NBA Entities and their respective parent companies, subsidiaries, affiliates, officers, directors, employees, governors, owners, distributors, retailers, agents, assignees, advertising/promotion agencies, representatives, agents, designees and assigns shall have no liability and will be released and held harmless from any claim, action, liability, loss, injury or damage, including, without limitation (but subject to operation of law), personal injury or death to Participant or any third party or damage to personal or real property due in whole or in part, directly or indirectly, by any reason, including the acceptance, possession, use or misuse of the prize and/or participation in the Program.
11. Each of the Guardians and Participants agree that content uploads (including but not limited to texts, photographs and videos) to the Jr. NBA social media pages shall not contain nudity, profanity, racism, violence in any form or other information prohibited by Vietnam law.
12. It is a condition of accepting any prize that the winning Participants must comply with all the conditions of use of the prize imposed by the NBA or any third party or prize supplier. The NBA reserves the right in its sole discretion to disqualify or retract the prize from any Participant who the NBA has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardize the fair and proper conduct of the Program. The NBA Entities’ legal rights to recover damages or other compensation from such offending Participants and/or their Guardians are reserved.
13. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the NBA’s ability to proceed with the contest on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the NBA may in its absolute discretion cancel the competition and recommence it from the start on the same conditions, subject to any requirements of applicable law.
14. The NBA reserves the right to revise these terms and conditions, and any aspect of the Program (including but not limited to its structure, scope, content, rules and prizes) at any time and without notice. By accepting these terms and conditions, the Guardian and Participant accept the terms and conditions and any amendments thereof, and authorize the NBA Entities and their affiliates, partners and service providers to collect, analyze, use, process, store, share, disclose and transfer personal information as outlined under these terms and conditions.