NBA 2K16 Spike Lee Casting Call Contest
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
The Contest may only be entered in or from the 50 United States and the District of Columbia, Canada (excluding Quebec), Austria, Australia, Belgium, France, Germany, Ireland, Spain, Switzerland, the Netherlands, New Zealand, Portugal or the United Kingdom and entries originating from any other jurisdiction are not eligible for entry. This Contest is governed exclusively by the laws of the United States. You are not authorized to participate in the Contest if you are not located within the 50 United States or the District of Columbia, Canada (excluding Quebec), Austria, Australia, Belgium, France, Germany, Ireland, Spain, Switzerland, the Netherlands, New Zealand, Portugal or the United Kingdom.
1. Eligibility. Participation open only to legal residents of the fifty (50) United States and the District of Columbia, Canada (excluding Quebec), Austria, Australia, Belgium, France, Germany, Ireland, Spain, Switzerland, the Netherlands, New Zealand, Portugal or the United Kingdom, who are at least 18 years old and the age of majority in their jurisdiction of residence as of date of entry whichever is older. Void outside of the 50 United States and the District of Columbia, Canada (excluding Quebec), Austria, Australia, Belgium, France, Germany, Ireland, Spain, Switzerland, the Netherlands, New Zealand, Portugal or the United Kingdom and where prohibited, taxed or restricted by law. Employees, officers and directors of 2K Games, Inc. (“Sponsor”), National Basketball Association (“NBA”), Spike Lee, and their respective parent companies, subsidiaries, affiliates, partners, retailers, advertising and promotion agencies, and manufacturers or distributors of Contest materials and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter. Only individuals can enter. Entries from teams, companies or groups are not permitted. Sponsor reserves the right to disqualify any entry, for whatever reason, including, but not limited to, a perceived or actual conflict of interest. All federal, state, provincial and local laws and regulations apply.
2. Start/End Dates. Entry period begins at 12:00:01 PM PDT / 03:00:01 PM EDT / 07:00:01 PM GMT on August 20, 2015 and ends at 12:00:01 PM PDT / 03:00:01 PM EDT / 07:00:01 PM GMT on September 2, 2015 (“Contest Period”). Sponsor’s computer is the official time-keeping device for the Contest.
3. How to Enter.
To enter the Contest, read the Official Rules and:
- Visit http://2kgam.es/SpikeCastingCall (“Site”) and click on the link to watch an instructional video on how to enter the contest (“Instructional Video”). Instructional Video will be posted on or about 12:00:01 PM PDT / 03:00:01 PM EDT / 07:00:01 PM GMT on August 20, 2015.
- Create a video (“Video”), which should be no longer than 30 seconds in length, acting out the choreographed scene (the “Scene”) assigned by Spike Lee in the Instructional Video to be released on the Site at the kick off of the Contest. To be eligible, Videos must follow Submission Guidelines and Content Restrictions listed in Section 4.
- At the beginning of your Video identify your Twitter handle by holding up a sign with your Twitter handle written on it, or say your Twitter handle out loud to the camera to verify you are the owner of the account.
- Upload your Video to Twitter in accordance with the following instructions: (See individual platform guidelines for specific instructions on how to upload Video).
- Log into your Twitter account and upload your Video to your account.
- Follow the instructions to become a follower of Sponsor’s page on Twitter, located at @NBA2K (“Sponsor’s Twitter Page”), post a tweet with a link to your Video on Twitter, and include the hashtags #BeTheStory and #Contest. Your tweet must include the hashtags #BeTheStory and #Contest.
- You must have a Twitter account to enter this Contest and you must be an active holder of a non-private Twitter account (i.e., you must make sure your tweets are set to “public” and not “private”) and be a follower of @NBA2K. If you do not have a Twitter account, you can create one by visiting www.twitter.com. Twitter accounts are free.
- You must make sure that your account settings are not Private and are Public.
If you choose to enter via Twitter using your mobile device, standard data fees may apply. You should consult your wireless service provider's pricing plan for details. You agree to incur any and all charges demanded by your wireless carrier. You should also check your device's features for capabilities and check the device manual for specific use instructions.
All entry information, Videos, tweets, and posts shall be collectively referred to herein as the “Submissions” or each as a “Submission.” All Submissions must comply with the Guidelines and Restrictions (as defined below), as determined by Sponsor in its sole and absolute discretion. Sponsor reserves the right to cancel or modify this Contest in the event an insufficient number of entries are received that meet the minimum judging criteria.
By entering, each entrant warrants and represents the following with respect to his/her Submission: (a) entrant is the sole and exclusive owner of all aspects of the Submission, apart from the Scene and/or any of Sponsor’s and NBA’s intellectual property, including copyrights, trademarks, names, logos, designs, artwork, publicity rights and characters (collectively, “Sponsor IP”), which may only be used pursuant to the limited license described more fully herein; (b) apart from any included Sponsor IP, the Submission is entrant’s own creation; (c) the Submission will not infringe on any rights of any third party, including but not limited to copyright, trademark, privacy, publicity and/or any other intellectual property right and will not include the name, photo, or likeness of any third parties; (d) the Submission complies with the Guidelines and Restrictions (defined below); and (e) the Submission has not been submitted previously in a promotion of any kind, won any kind of award and/or been exhibited or displayed publicly through any means.
Limit one (1) Submission per person. Entrants are not permitted to submit a Submission more than once during the Contest Period. More than one Submission by the same person will be subject to disqualification. All terms and conditions of Twitter.com apply. Multiple entrants are not permitted to share the same Twitter account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different Twitter accounts, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any Twitter account, the authorized account holder of the email address used to register on the platform will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder. No automated entry devices and/or programs permitted. All entries, including Submissions, become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed submissions are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor.
4. Submission Guidelines and Content Restrictions: By entering the Contest, each entrant agrees that his or her Submission conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove any Submission and disqualify an entrant from the Contest if it believes, in its sole discretion, that the entrant’s Submission fails to conform to the Guidelines and Restrictions.
- The Submission must consist of one (1) Video, no longer than 30 seconds in length, featuring entrant acting out the Scene.
- At the beginning of the Video identify your Twitter handle by holding up a sign with your Twitter handle written on it, or saying your Twitter handle aloud to the camera to verify you are the owner of the account.
- Submissions must be uploaded via Twitter and then a link to the Submission must be tweeted on Twitter, and the tweet must include the hashtags #BeTheStory and #Contest.
- The Submission cannot have been submitted previously in a promotion of any kind, won any award or been exhibited or displayed publicly through any means.
- The Submission must not contain material that violates or infringes another’s rights, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights;
- The Submission must not disparage Sponsor, any other person or party;
- The Submission must not contain brand names or trademarks of any entity other than the Sponsor IP, which entrant has a limited license to use for the sole purpose of creating a Submission in this Contest;
- The Submission must not contain footage, images or artwork not created by entrant or owned by Sponsor;
- The Submission must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
- The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Submission is created.
- The Submission must comply with Twitter’s terms and conditions, or will be subject to disqualification.
Entrants acknowledge that other entrants may have used ideas and/or concepts in their Submission that may have similarities to ideas or concepts included in entrant’s Submission, and entrants understand and agree that they shall not in any way be entitled to any compensation because of any such similarities. Sponsor’s decisions are final and binding in all matters relating to this Contest, including interpretation and application of these Official Rules.
5. License: Providing a Submission whether ultimately considered to be eligible or ineligible, constitutes entrant’s consent to grant Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, in perpetuity, and to incorporate it into other works, in any form, media or technology now known or later developed, including, but not limited to, any and all Internet media, including Sponsor’s web sites and social media platforms, for any purpose whatsoever, including for promotional, advertising or marketing purposes.
6. Sponsor IP. Sponsor grants eligible entrants a limited, revocable, non-sublicensable, license to use Sponsor’s IP for the sole purpose of creating and submitting the Submission for review and assessment in this Contest. Entrants are not permitted to make any further use of Sponsor’s IP for any purpose whatsoever. In addition, entrants recognize that all right, title, and interest in Sponsor’s IP as well as all derivative works created using Sponsor’s IP shall vest exclusively to the Sponsor or the NBA (as applicable), and entrant agrees that he/she has not and will not take any action that might harm or adversely affect such rights. No right, title, or interest in and to the Sponsor’s IP except for the limited license granted to entrant in these Official Rules is transferred or created. Each entrant further acknowledges and agrees that Sponsor’s IP rights are valid and enforceable, and that entrant shall do nothing to challenge the validity or enforceability of Sponsor’s IP in any forum. Entrants agree that the use of Sponsor’s IP is permitted only for the purpose of making a Submission for entry in this Contest, and that any use of Sponsor’s IP (whether in the Submission or otherwise) beyond this scope infringes the rights of Sponsor and will result in irreparable harm to Sponsor.
7. Independently Developed Submissions. Each entrant understands and agrees that Sponsor’s use in matters independently developed of material similar to or identical with the Submission or containing features or elements similar to or identical with those contained in the Submission will not obligate Sponsor to negotiate with entrant, nor will it entitle entrant to any compensation of any kind. Each entrant agrees and acknowledges that nothing herein shall preclude Sponsor from using any material in or similar to the Submission without obligation to entrant, including, but not limited to, if Sponsor has or has determined that it has an independent legal right to use such other material, including without limitation, because such features or elements were not new or novel, or were not originated by entrant, or were or may hereafter be independently created by or submitted to Sponsor.
8. Finalist Round/Judging Panel. On or about September 4, 2015, Sponsor or its designated judges, as determined by Sponsor in its sole and absolute discretion, shall review all eligible Submissions. Sponsor will select five (5) Finalists based on the Judging Panel Criteria (defined below). The judging panel will judge the Submissions based on the following equally-weighted judging criteria (“Judging Panel Criteria”): (a) creativity, (b) charisma, and (c) enthusiasm for the 2K NBA Games franchise. Subject to verification and compliance with these Official Rules, the five (5) highest scoring Submissions shall be selected as Finalists. In the event of a tie, all tied entries will be re-judged by an additional judge selected by Sponsor who will break the tie using the Judging Panel Criteria. By entering the Contest, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Contest.
9. Public Voting Period. The five (5) Finalist Submissions will be judged by the public during the public voting period (“Public Voting Period”), which begins on September 4, 2015 at 12:00:01 PM PDT / 03:00:01 PM EDT / 07:00:01 PM GMT and ends on September 10, 2015 at 12:00:01 PM PDT / 03:00:01 PM EDT / 07:00:01 PM GMT. During the Public Voting Period, Finalist Submissions will be judged by the public, who will vote on which of the Finalist Submissions is the best Submission based on charisma.
On or about September 4, 2015 at 12:00:01 PM PDT / 03:00:01 PM EDT / 07:00:01 PM GMT, Sponsor will post the Submissions from the five (5) Finalists at http://2kgam.es/SpikeFinalFive (“Site”). The Site will include a link to a poll where the public will vote for the best Submission based on charisma. Voters may only vote for one (1) Submission, and may only vote one time during the Public Voting Period.
The Submission receiving the highest number of votes during the Public Voting Period will be designated as the potential winner, subject to verification, including ensuring compliance with these Official Rules and the Guidelines and Restrictions included herein, as determined by Sponsor in its sole and absolute discretion.
If the potential winner is a Canadian resident, prior to becoming eligible to win a prize he/she must correctly answer a time-limited skill-testing question in order to be declared a winner.
Limit one (1) vote per person throughout the Public Voting Period. Any attempt by any voter to submit more than the stated number of votes will void that voter’s votes. The use of robotic or automatic devices or proxy voting for voting is prohibited and Sponsor reserves the right to nullify any and all such votes and to disqualify from voting the responsible individual. Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means, including offering prizes or other inducements to members of public, as determined by Sponsor, in its sole discretion engage in systematic voting from the same user profile or use a third party to submit votes on behalf of the Entrant or any group of people; then it may result in the disqualification, in the sole and absolute discretion of the Sponsor, of the Votes, Photos, Video and/or Finalist to which such votes relate. Sponsor reserves the right to nullify any and all such votes and to disqualify from Contest the responsible entrant. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected votes, which will be void. Only valid votes received by Sponsor will count towards entrant’s Public Voting score.
10. Prize. One (1) winner will receive a trip to New York to attend the NBA 2K16 Launch Event with one (1) Guest. The trip includes two (2) round-trip coach air tickets from a major regional airport near the winner’s homes to one of the major regional airports near New York, New York, three (3) nights of double-occupancy hotel accommodations for the winner and Guest (two (2) people per hotel room) in a standard hotel room or equivalent, $500 spending money, transportation to/from airport and hotel, and passes to the NBA 2K16 Launch Event held on September 21, 2015.
Winner will also be provided the opportunity to be featured as the face of the Premiere Event movie as determined by Sponsor in its sole and absolute discretion. If winner is invited to be the face of the Premiere Event movie, and winner wishes to accept the opportunity, winner must travel to Novato, California to be taped for the Premiere Event movie between September12, 2015 and September 19, 2015. Sponsor will be responsible for transportation to the taping. If accepted, winner agrees to sign any releases requested by Sponsor in connection with such taping, as determined by Sponsor in its sole and absolute discretion. All logistics and timing with respect to such taping and transportation will be in Sponsor’s sole and absolute discretion. For clarity, Sponsor does not guarantee that winner will become the face of the Premiere Event but is only providing the opportunity to be considered to be the face of the Premiere Event movie. In addition, if winner is invited to become the face of the Premiere Event movie, winner may decline to become the face of the Premiere Event movie and to travel to Novato, California on dates designated by Sponsor. In such event, no transportation to Novato, California will be provided.
Prizes are non-transferable. No substitutions or cash redemptions. In the case of unavailability of any prize or part of prize, Sponsor reserves the right to substitute a prize of equal or greater value. Any and all taxes and unspecified expenses are the responsibility of winner. Limit one (1) prize will be awarded.
Winner must travel to NBA 2K16 Launch Event on dates designated by Sponsor (arriving on Sunday, September 20, 2015 and departing on Wednesday, September 23, 2015). Exact travel dates to be determined by Sponsor subject to availability and other restrictions and must have no impediment to entering to US. Winner and Guest are responsible for any passport, visa(s) and other travel documentation or requirements. (Approximate Retail Value (“ARV”): $3500.00 USD/$4543.52 CDN). Actual value of trip may vary based on point of departure and airfare fluctuations. Any difference between stated approximate retail value and actual value of Prize will not be awarded. All prize details not specified in the Official Rules will be determined in Sponsor’s sole and absolute discretion. Selection of airline and hotel are solely within Sponsor’s discretion. Meals, gratuities, luggage fees, incidental hotel charges and any other travel-related expenses not specified herein are the sole responsibility of winner. All travel must be taken on dates specified or prize will be forfeited and may be awarded to an alternate; no alternative travel dates are available. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. If in the judgment of Sponsor, air travel is not required due to winner's proximity to New York, ground transportation will be substituted for roundtrip air travel at Sponsor's sole and absolute discretion. The difference in value will not be awarded to the winner. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. Additional prize award details and travel information to be provided to the Winner at the time of notification. Winner and Guest are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged.
ALL ENTRANTS ACKNOWLEDGE AND AGREE THAT SPONSOR SHALL HAVE NO OBLIGATION TO POST, DISPLAY, OR OTHERWISE USE ANY SUBMISSIONS, INCLUDING WITHOUT LIMITATION THE WINNING SUBMISSION. FOR SAKE OF CLARITY, ENTRANTS UNDERSTAND AND AGREE THAT EVEN IF ENTRANT IS A WINNING SUBMISSION SPONSOR IS UNDER NO OBLIGATION TO USE THE WINNING SUBMISSION FOR ANY PURPOSE WHATSOEVER. HOWEVER, SPONSOR WILL HAVE THE RIGHT, BUT NOT THE OBLIGATION, AS DETERMINED BY IT IN ITS SOLE AND ABSOLUTE DISCRETION, TO USE ANY SUBMISSION. IF ANY SUBMISSION IS USED BY SPONSOR, INCLUDING THE WINNING SUBMISSION, ENTRANTS WILL NOT RECEIVE ANY COMMISSION ON ANY PRODUCTS OR MERCHANDISE WITH SUCH ENTRANT’S SUBMISSION (IF APPLICABLE).
11. Notification. On or about September 11, 2015, potential winner will be notified via a reply or retweet to their Submission and/or a Direct Message (note: in order to receive such Direct Message, potential winner has to (a) be following @NBA2K and (b) may have to have his/her Tweet Privacy settings “unchecked”) via their Twitter account. Potential winner will be required to email Sponsor within three (3) calendar days in order to claim prize and meet eligibility requirements. Potential winner will be required to sign and return, where legal, an Affidavit/Declaration of Eligibility, Liability/Publicity Release and/or rights transfer document within ten (10) days of prize notification. If potential winner cannot be contacted or does not contact Sponsor within three (3) calendar days of first notification attempt, if any prize or prize notification is returned as undeliverable, if a Canadian potential winner incorrectly answers skill, if any potential winner rejects his/her prize or in the event of noncompliance with these Contest rules and requirements, such prize will be forfeited and may be awarded to the Submission with the next highest number of votes. Upon prize forfeiture, no compensation will be given.
12. Conditions. Sponsor shall not be liable or responsible in the event any entrant or winner’s Submission is not used for any reason. Submissions may be cut, edited, reformatted, rearranged, combined with other materials and/or otherwise modified, in Sponsor’s sole and absolute discretion. Any and all federal, state and local taxes are the sole responsibility of the winner. Participation in Contest and acceptance of prize constitutes winner’s permission for Sponsor to use his/her name, address (city and state/province/territory and country), likeness, photograph, picture, portrait, voice, biographical information, Submission and/or any statements made by winner regarding the Contest or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. By participating, entrants and winner agree to release and hold harmless Sponsor, NBA, Twitter, Spike Lee and their respective partners and promotion and advertising agencies and each of their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, the “Released Entities”), to the maximum extent permitted under applicable law, from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Contest, or possession, acceptance and/or use or misuse of prize or participation in any Contest-related activity and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action. Entrants who do not comply with these Official Rules or attempt to interfere with this Contest in any way shall be disqualified. Sponsor is not responsible if Contest cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.
13. Additional Terms. Any attempted form of entry other than as set forth in Section 3 above is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. The Released Entities are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Contest, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Contest or downloading any materials in this Contest. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Contest should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In such case, Sponsor may select the winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any votes or any individual it finds, in its sole discretion, to be tampering with the entry or voting process or the operation of the Contest or Site. Sponsor may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
14. Limitation of Liability; Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ENTRANT’S ACCESS TO AND USE OF THE SITE OR ANY WEBSITES ASSOCIATED WITH THIS CONTEST AND/OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE CONTEST. WITHOUT LIMITING THE FOREGOING, THIS CONTEST AND ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO ENTRANT. CHECK ENTRANT’S LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
15. Disputes; Governing Law. Except where prohibited by law, the parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest and any controversy or claim arising out of or relating to these Official Rules and/or the Contest 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 OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, U.S.A.,WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Contest, 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.
17. List of Winners/Name of Winner. To obtain the name of winner, send a self-addressed, stamped envelope by October 11, 2015 to: NBA 2K16 Spike Lee Casting Call Contest Winner’s List Request, 2K Games, Inc., 10 Hamilton Landing, Novato, CA 94949 United States. Canadian residents may omit return postage.
18. Sponsor. 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.
19. Miscellaneous. In the event of any conflict between the English version of these Official Rules and any translation, the English version shall prevail. The invalidity or unenforceability of any provision herein shall not affect in any way the validity and enforceability of any other provision in these Official Rules.
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