I. PARTICIPATION IN FAN WATCH CAMPAIGN:
a. During the NBA Finals 2013 live games, visit nba.com/fanwatch and follow the online instructions to Tweet a photo to Twitter and/or post a photo to Instagram™ with “#NBAFan” (hereafter “Photo”) that expresses the theme of showing you are watching the NBA Finals games, and are an “NBA Fan.” Photos must comply with these Official Rules to be displayed on the NBA Finals Companion (hereafter “Platform”), within Fan Watch (hereafter “Campaign”).
b. The National Basketball Association and its member teams, NBA Properties, Inc., and NBA Media Ventures, LLC (collectively, the “NBA Entities”) reserves the right, but not the obligation, to review any Photo for violation of these Official Rules and may, at its sole discretion, reject, or otherwise exclude a Photo for any reason, including without limitation, if the Photo contains any Prohibited Content (as defined in Section II) or any other commentary or material which NBA Entities, in its sole discretion deems inappropriate.
c. By using the “#NBAFan” hashtag, user agrees and consents that the NBA Entities may use the user’s name, city, state, likeness, and /or photo/text submission worldwide, including on the Internet and broadcast television, without limitation and without further payment or consideration, except where prohibited by law. This consent includes the right to depict user’s tweet incorporating the #NBAFan hashtag on the Platform, the Campaign, and the international television broadcast of NBA Finals games, in the NBA Entities’ sole discretion.
d. By submitting a Photo, user assigns all intellectual property, including but not limited to copyright, title, and interest in the Photo in perpetuity worldwide to the NBA Entities. If necessary, user will sign any necessary documentation that may be required for the NBA Entities or their designees to make sure of the intellectual property rights user is granting herein.
e. Users hereby waive any objection to, use, distribution, reproduction or display of their Photo, and any claim for compensation whatsoever in connection therewith. Such waiver shall include any claim for infringement of any so-called “Moral Right,” “Droit Moral” or similar right or interest.
II. PHOTO GUIDELINES & CONTENT: Photos must meet the following requirements:
a. Photo cannot defame, misrepresent or contain disparaging remarks about the NBA Entities, or their products, or other people, products or companies or communicate messages or images inconsistent with the positive images and/or goodwill to which the NBA Entities wish to associate.
b. Photo cannot (a) be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity; (b) promote the excessive or irresponsible consumption of alcohol, or promote use of alcohol, drugs, tobacco, firearms/weapons, any activities that may appear unsafe or dangerous, or any particular political agenda or message; (c) be obscene or offensive, endorse any form of hate or hate group; (d) contain an image of anyone under 13 years of age; (e) contain copyrighted materials owned by others (including songs, sound bites/tracks or other media) without permission; (f) contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission; or (g) depict, and cannot itself be in, violation of any law.
d. Any Photo that, in the sole opinion of the NBA Entities, is not in accordance with the guidelines as stated herein or on the Website (www.nba.com/fanwatch ), or is deemed to be inappropriate for publication is ineligible for display within the Campaign.
e. Incomplete, illegible, deceptive or garbled Photos are not eligible for display within the Campaign.
III. LIMITATIONS AND LIABILITY
The NBA Entities are not responsible for interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Website, or other connections availability, accessibility or traffic congestion, miscommunications, failed computer, network, telephone, satellite or cable hardware or software or lines, or technical failure, or jumbled, scrambled, delayed or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network. Persons who tamper with or abuse any aspect of this Platform, Campaign, Domain and/or Website, or act in violation of the Official Rules, or act in any manner to threaten or abuse or harass any person, or violate the NBA Entities terms of service, as solely determined by the NBA Entities, will be removed from Campaign participation. The NBA Entities are not responsible for any incorrect or inaccurate information whether caused by users, tampering, hacking, or by any of the programming or equipment associated with or used in this Campaign, and assume no responsibility for any errors, omission, deletion, interruption or delay in operation or transmission or communication line failure, theft or destruction or unauthorized Website access. Any use of robotic, macro, automatic, programmed or like posting methods will void all such Photos, and may subject that user to be blocked from Campaign participation. The NBA Entities are not responsible for injury or damage to entrants or any other person’s computer or property related to or resulting from participating in this Campaign. Should any portion of the Campaign be, in the NBA Entities’ sole opinion, compromised by virus, worms, bugs, unauthorized human intervention or other causes which, in the sole opinion of the NBA Entities, corrupt or impair administration, security, or fairness of this Campaign, or posting of Photos, the NBA Entities reserve the right at their sole discretion to suspend, modify or terminate the Campaign.
Users agree that NBA Entities will have no liability whatsoever for, and are released and shall be held harmless by entrants against, any liability, for any injuries, losses or damages of any kind, to persons, including death, or property, or rights of publicity or privacy, defamation, copyright infringement or portrayal in a false light resulting in whole or in part, directly or indirectly, from participation in this Campaign or in any Campaign -related activity.
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