NBPA X Ballogy 5-Shot Challenge

1. Sponsor

The NBPA X BALLOGY 5-SHOT CHALLENGE (“Promotion”) is sponsored and administered by Ballogy, Inc., 13875 Bee Cave Pkwy, Austin, Texas 78738, U.S.A. (“Sponsor” and “Administrator”).

2. Eligibility

The Promotion is open only to individual legal residents of the fifty (50) United States or the District of Columbia who (a) are eighteen (18) years old or older or if under the age of eighteen (18) or the legal age of majority in their state, have received their parent’s or legal guardian’s permission to enter the Promotion, as specified in Section 5(b) below, (b) who submit a valid Entry, as described in Section 5 and (c) who have access to the internet through a mobile device or computer (each, an “Entrant”). For the purposes of these Official Rules, an “Entrant” shall include the parent or legal guardian of an Entrant who is under the age of eighteen (18) or under the legal age of majority in their state. Employees of National Basketball Players Association, National Basketball Players Inc. d/b/a THINK450, Panini North America, Inc., Take Two Interactive Software, Inc. and the Player/Influencer (collectively, the “Mentioned Parties”), Sponsor, Administrator, and each of their respective subsidiaries, affiliates and agents, and the immediate family (defined as parents, children, siblings and husband or wife) of each such employee, together with those with whom such employees are domiciled, are not eligible to participate.

Sponsor and Administrator each reserve the right to disqualify any Entrant if Sponsor or Administrator determines in its sole discretion that Entrant’s participation in the Promotion or receipt of prize would violate federal, state, or local law.  Entrants may be required to submit proof of their eligibility.

3. Agreement to Official Rules

Participation in the Promotion constitutes Entrant’s full and unconditional agreement to and acceptance of these Official Rules.

4. Entry Period

The Promotion begins on August 24, 2020 at 12:00 pm EDT and ends on November 1, 2020 at 11:59 pm CDT (the “Entry Period”). Administrator’s computer will be the official timekeeping device for the Promotion.

5. Create and Submit an Entry

To participate, Entrant must do the following during the Entry Period:

  1. Download the Ballogy mobile software application (the “Ballogy App”) on Apple here or Android here;
  2. Create a user account (children under 13 must have a parent or guardian’s verifiable consent before registering for a user account, pursuant to Administrator’s privacy policy);
  3. Join the official NBPA group within the Ballogy App;
  4. Each Monday through Friday of the Entry Period, a video will be posted on the Ballogy App of a professional basketball player or social influencer (the “Player/Influencer”) making a different basketball-related shot, as determined by the Player/Influencer, for a total of five (5) shots each week during the Entry Period.  Ballogy App users will be asked to record a video of themselves making each shot as presented;
  5. Entrant will upload each video as a “post” within the official NBPA group on the Ballogy App;

AMOE (Alternative Method of Entry): Entrants may also enter the Sweepstakes without creating and submitting an Entry as described above, via an Alternate Method of Entry (“AMOE”). An Entrant may submit an AMOE by filling out and submitting an online form with the Entrant’s full name, the full name of one (1) parent or legal guardian (if Entrant is under 18 years of age or the legal age of majority in their state), mailing address, valid Email address, and checking the opt-in statement from the parent or legal guardian.  The online form is located below.

Each Sunday during the Entry Period between 12:00 am EDT and 12:00 pm EDT, all videos posted to the NBPA group will be reviewed by the Administrator.  Each video that meets the criteria in Section 6 below is considered one (1) valid “Entry”.  Each Entrant is allowed one Entry per day during each Monday through Friday period.  Additionally, each Entrant who receives an Entry on each day of each Monday through Friday period will receive five (5) additional entries per week (collectively, the “Bonus Entries”), resulting in a total of ten (10) Entries each week during the Entry Period.

Only one (1) AMOE per household per Monday through Friday period is permitted during the Entry Period for a maximum of five (5) AMOEs per week during the Entry Period.  Additionally, for each household that submits five (5) AMOEs per week during the Entry Period will receive five (5) additional entries per week (collectively, the “Bonus AMOEs”), resulting in a total of ten (10) AMOEs each week during the Entry Period.

Multiple daily Entries or AMOEs from any Entrant will not be accepted.

In case of dispute as to identity of an Entrant, entry will be declared made by the authorized account holder of the email address or Ballogy Account used to submit the Entry. “Authorized Account Holder” is defined as the natural person who is assigned the account by the email provider, online service provider, social media provider or other organization. Any other attempted form of entry is prohibited; no automatic, programmed; robotic or similar means of entry are permitted.

Neither Sponsor nor Administrator is not responsible for lost, late, incomplete, invalid, illegible or misdirected Entries or for any error, human, technical or otherwise.  Sponsor and Administrator each reserve the right in their sole discretion to disqualify any Entrant it finds to be tampering with the operation of the Promotion or to be acting in violation of these Official Rules.

6. Video Criteria

In order to receive one Entry per day during each Monday through Friday period, the video must meet the following criteria, as determined solely in the discretion of the Administrator:

  1. The video must include the Entrant’s best depiction of the basketball-related shot presented each Monday through Friday and must meet the criteria of the shot, as described by each Player/Influencer.
  2. The video must not be edited or have the appearance of being edited.
  3. The video must be posted within the NBPA group. Videos posted elsewhere in the Ballogy App will not qualify for an Entry.
  4. The video may not contain any trademarks, logos, or copyrighted elements other than elements owned by the Entrant.  Any content that appears in the video including, without limitation, images, music, audio, speech, or other audiovisual materials used must be entirely original, created and performed solely by the Entrant, or be in the public domain.  Use of any content that is not original or in the public domain may result in disqualification of the video, in the Administrator’s sole discretion.
  5. The video may not be obscene or indecent, it must not contain defamatory statements, it must not include threats to any person, place, business, or group, it must not invade privacy rights or any other rights of any person, business, or group, and it must not name or depict any third party.
  6. The video may not depict or encourage any dangerous, life-threatening, or otherwise risky behavior.
  7. The video must otherwise comply with Administrator’s Terms of Service, found at https://live.ballogy.com/terms_and_conditions/.

7. Winner Selection

Each Sunday during the Entry Period between 12:00 pm EDT and 6:00 pm EDT, Administrator will select one (1) potential winners at random from all eligible Entries and AMOEs, using the randomization engine located at www.random.org. Winners do not need to be present at the time of the drawing to win. Odds of winning depend on total number of eligible Entries and AMOEs received.

8. Prizes

One (1) weekly prize winner will receive:

a) one (1) “Sneaker Budget” in the form of a digital gift card to the online store of the winner’s choosing, valued at $200 and

b)  one (1) code redeemable for the NBA 2K21 video game (Approximate Retail Value (“ARV”) = $60). Code will be distributed by email at a time determined at the Sponsor’s discretion after the game has been released.

While an Entrant may submit an Entry each Monday through Friday throughout the Entry Period, Entrant may not be a potential winner more than once. Prizes are not transferable, and no cash substitutes for prizes are available, except by Sponsor, which reserves the right, in its sole discretion, to substitute different prizes of comparable value.  Sponsor’s and Administrator’s decisions shall be final and conclusive in all matters relating to the Promotion.  Applicable local, state, and federal taxes and any customs charges or tariffs on prizes are the sole responsibility of and must be paid by the winner(s).

9. Winner Notification and Delivery

Each Sunday between 12:00 pm EDT and 6:00 pm EDT, Administrator will attempt to notify potential winners via the e-mail address or other contact information provided on the Entry.

Parental consent is required before prize fulfillment for potential winners under age eighteen (18) (or the legal age of majority in their state).  Each potential winner, or potential winner’s parent or legal guardian, as applicable, may, at Sponsor’s or Administrator’s discretion, be required to sign and return an affidavit of eligibility and release of liability, as well as a publicity release, except where prohibited by applicable law.  Failure to return a signed affidavit and release of liability prior to accepting delivery of the prize may result in forfeiture of the prize, except where prohibited by applicable law.  Proof of sending will not be deemed to be proof of receipt by Sponsor or Administrator. If for any reason a potential winner cannot be reached after a reasonable attempt has been made, or does not return a signed affidavit and release, the prize will be awarded to an alternate winner, selected by random drawing from among remaining Entries.  The prize will be sent to the address provided by Entrant on his or her completed Entry, unless a different address has been provided in writing by Entrant to Administrator or Sponsor.  Allow up to eight (8) weeks for delivery.  Failure to comply with any term or condition in these Official Rules may result in disqualification at Sponsor’s or Administrator’s sole discretion.  Potential winner(s) may waive their right to receive a prize, in which case an alternate winner will be selected in the manner described above. The reporting and payment of any taxes on prizes are the sole responsibility of the winner(s). Any applicable forms will be filed with the appropriate taxing authority.

10. Release

Each Entrant hereby releases and agrees to hold harmless Sponsor, Administrator, the Mentioned Parties and each of their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, damage to or loss of property, liability for personal injury, death or other damages or expenses, arising out of in any way from participation in the Promotion or receipt or use or misuse of any prize.

11. Privacy and Publicity

Except as set forth herein, all information submitted by entrants in the Promotion will be treated according to Administrator’s Privacy Policy (https://live.ballogy.com/terms_and_conditions/).

12. General Conditions

All Entries become the property of Sponsor and Administrator, and none will be returned.  Sponsor and Administrator each reserve the right to cancel or modify the Promotion if fraud, technical failures, sabotage, security breach, or any other factor beyond Sponsor’s or Administrator’s reasonable control impairs the integrity of the Promotion as determined by Sponsor or Administrator in their sole discretion.  In such event, Sponsor and Administrator each reserve the right to award the prizes at random from the eligible Entries received up to the time of the impairment.

13. Limitations and Liability

The Released Parties are not responsible, to the extent permitted by law, for: (1) any incorrect or inaccurate information, whether caused by Entrant, printing errors or omission or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of Entries; or (5) any injury or damage to property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Promotion or receipt or use or misuse of any prize.  If for any reason an Entrant’s Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another Entry in the Promotion provided that if it is not possible to award another Entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor or Administrator, in their discretion, may elect to hold a random drawing from among all eligible Entries received up to the date of discontinuance for any or all of the prizes offered herein.  No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor and Administrator each reserve the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.

14. Miscellaneous

Entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Promotion, or any prizes awarded, other than the administration of the Promotion or the determination of winners shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Texas; (2) any and all claims, judgments and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages 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 each Entrant, Sponsor, and Administrator in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules (whether of the State of Texas, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas.

15. Promotion Results

The list of winners and a copy of these Official Rules will be available upon request for thirty (30) days after the conclusion of the Promotion by mailing a request to: Ballogy, Inc., 13875 Bee Cave Pkwy, Austin, Texas 78738, U.S.A., Attn: Official Rules.

Void where prohibited.

Alternative Method of Entry

I am a parent or legal guardian of the Entrant and I consent to the Entrant participating in the NBPA X Ballogy 5-Shot Challenge.