NBA 2K15 AMAZON.COM FLASH SALE TERMS AND CONDITIONS

SPONSOR IS UNDER NO OBLIGATION TO MAKE THE FLASH SALE OFFER AVAILABLE UNLESS OR UNTIL THE CONDITIONAL EVENT TAKES PLACE

1. Promotional Period: The NBA 2K15 Amazon.Com Flash Sale promotion (“Promotion”) begins at 12:00:00 AM Pacific Time (“PT”) on March 29, 2015 and ends at 11:59:59 PM PT on March 30, 2015 (“Promotion Period”). Sponsor has the right, but not the obligation, to extend the Promotion Period, in its sole and absolute discretion. If Sponsor chooses to extend the Promotion Period, Sponsor will announce the extension on Twitter at @NBA2k.

2. Promotional Flash Sale Offer: Eligible participants can purchase NBA 2K15 (for the following eligible platforms (each an “Eligible Platform”): PlayStation®4 computer entertainment system (“PS4TM”), Microsoft Xbox One and PC) for the Flash Sale Price (plus tax and shipping) on Amazon.com the following day between 12:00:00 PM PT and 11:59:59 PM PT (midnight) (“Flash Sale Period”), while supplies last (collectively, the “Flash Sale Offer”). The Flash Sale Price will equal Twenty United States Dollars (US $20.00) off the NBA 2K15 SRP, plus one (1) additional United States Dollar (US $1.00) off the NBA 2K15 SRP for every point scored by Eligible Players above twenty (20) combined total points and up to fifty (50) combined total points, during a single NBA game during the Promotion Period. The Flash Sale Price shall not exceed Fifty United States Dollars (US $50.00) off the NBA 2K15 SRP. The Flash Sale Period will end on the same day that it started at 11:59:59 PM PT. The Eligible Players are the following NBA players:

  • John Wall
  • James Harden

Flash Sale Offer good only for residents of the Fifty (50) United States and Washington D.C. on Amazon.com during the Flash Sale Period, while supplies last. Flash Sale Offer not combinable with other offers or discounts and only available on new purchases of NBA 2K15 on the Eligible Platforms. Not redeemable on previously-purchased NBA 2K15 games or other games or in any manner other than provided herein. If the Conditional Event does not take place for any reason whatsoever, including due to failure to play NBA game(s), Sponsor has no obligation to make available the Flash Sale Offer. Void outside of the Fifty (50) United States and Washington D.C. and where prohibited, taxed, or restricted by law. All federal, state and local laws and regulations apply. All applicable taxes and shipping costs are the sole responsibility of the participant.

3. General Conditions: Sponsor reserves the right in its sole discretion to deny the Flash Sale Offer to any individual it finds to be engaging in fraud or undermining the legitimate operation of this Promotion or acting in an abusive or disruptive manner or in violation of these Terms. Any attempt by any person to undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Promotion should (in its sole discretion) virus, bugs, non-authorized human intervention, cheating, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Promotion. Sponsor is not responsible for late, non-compliant, or misdirected requests. Requests not complying with all offer requirements will not be honored. By participating, participants agree to release and hold harmless Sponsor, Amazon.com, Inc., the National Basketball Association (“NBA”), and their respective advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, the “Released Parties”), from and against any liability, loss, claims or causes of action arising out of participation in the Promotion and/or receipt or use of the Flash Sale Offer or any Promotional Items (e.g., NBA 2K15), including, but not limited to: (a) unauthorized human intervention in the Promotion; (b) technical or printing errors; (c) errors in the administration of the Promotion or the processing, fulfillment or redemption of requests; or (d) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the Promotion or receipt or use of any Promotional Items. Participants further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Promotion, and in no event shall the Released Parties be liable for attorney’s fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

4. Disputes: Participants waive all rights to trial in any action or proceeding instituted in connection with these Terms, including, without limitation, the promotion. Any controversy or claim arising out of or relating to these Terms and/or the Promotion shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, City of New York. THESE TERMS AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Terms and/or in connection with the entering of any judgment on an arbitration award in connection with these Terms and/or the Promotion, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of New York in the State of New York. The parties agree not to raise the defense of forum non conveniens.

5. Sponsored by: 2K Games, Inc., a wholly owned subsidiary of the United States company Take-Two Interactive Software, Inc. The Sponsor’s address is 2K Games, Inc., 10 Hamilton Landing, Novato, CA 94949 United States.