LAKELAND MAGIC JERSEY DESIGN CONTEST
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR PARTICIPATE IN THE CONTEST. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. CONTEST BEGINS AT 6:00 PM ET ON JUNE 27, 2019 AND ENDS AT 11:59PM ET ON JULY 21, 2019.
1. HOW TO ENTER: There is one (1) way to enter the contest:(1) Online. Complete the official questionnaire available at www.lakelandmagic.com/jerseycontest and click on “submit”, email your originally designed artwork on the uniform outline template file (.jpg, .png or .pdf files only) to ehayes@lakelandmagic.com with the label “Lakeland Magic Jersey Design Contest|Firstname Lastname”, and submit the Affidavit of Eligibility and Liability Release Form to ehayes@lakelandmagic.com (an “Entry”). Any Entry submitted by a minor must be supported by verifiable parental consent from the minor’s parent or legal guardian (“Parental Consent”). The Parental Consent requirement shall be satisfied if the parent or legal guardian completes and returns the Affidavit of Eligibility and Liability Release Form to ehayes@lakelandmagic.com.
By submitting an Entry, you warrant that the submitted artwork is an original work, no copyrights, trademarks, rights of privacy and/or publicity, or intellectual property rights of any person or entity are violated; and you have sole right, title, claim, or interest in the photo/video. Artwork may not: be sexually explicit or suggestive, profane or pornographic, or contain nudity; be violent or disparaging of any ethnic, racial, gender, age, or religious group, or the disabled; include any use of logos or trademarks (other than those of the Lakeland Magic); and be inconsistent with a positive association with the Lakeland Magic. Any contestant who submits artwork that depicts any of the foregoing characteristics will be disqualified. By submitting an entry, entrants agree to the use of any submitted artwork, in any and all advertising, promotions, and other publicity conducted by the Indemnified Parties (as defined in Section 7) in perpetuity in any medium without additional authorization, compensation, or remuneration to the extent permitted by law.
All entries must be received by 11:59 PM (ET) on July 21, 2019 to be eligible to participate in the contest. No mechanically reproduced entries or illegible, incomplete, forged or altered entries will be accepted. The Sponsor is not responsible for: (i) late, lost, stolen, damaged, garbled, delayed, postage due, misaddressed, or misdirected entries or mail; (ii) technical, hardware or software malfunctions, lost or unavailable network or internet connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications, whether caused by the sender or by any of the equipment or programming associated with or utilized in this contest; (iii) the incorrect or inaccurate capture of information whether caused by Website users, tampering, hacking or by any equipment or programming associated with or used in the contest; (iv) errors of any kind whether human, mechanical, electronic, network or otherwise arising out of or relating to the contest; (v) theft, loss, or destruction of, or damage to, an Entry, in whole or in part; (vi) electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind or insufficient space in an entrant’s e-mail account to receive email messages; and (vii) any other factors beyond the reasonable control of the Sponsor. Each entrant assumes all risk of damaged, lost, late, incomplete, invalid, incorrect or misdirected Entry. Each Entry must be emailed and submitted separately. Limit of one (1) Entry per person. All entries become the exclusive property of the Sponsor and will not be returned.
2. PRIZE: One (1) Grand Prize: Winning Entry will be printed on the Lakeland Magic uniforms to be worn for the Art Theme Night game during the 2019-20 season, two (2) tickets to the Art Theme Night Lakeland Magic game during the 2019-20 season, on court recognition, a personalized Lakeland Magic Art Theme Night uniform (adult sizes S through 2XL only) and proceeds from the Art Theme Night jersey auction donated to a Polk County charity of the winner’s choice* with an approximate retail value of three hundred and ninety dollars ($390.00). Grand Prize will be awarded (assuming sufficient number of eligible entries). Sponsor retains the right to substitute prizes of equal or greater value when necessary. Any difference between the stated value and actual value will not be awarded. * The selected charity must fit within one of the five core pillars of the Lakeland Magic – Homelessness, Hunger, Health & Fitness, Education/Literacy, and Youth Basketball.
3. ELIGIBILITY: The contest is open to individual legal residents of Florida who reside within fifty (50) miles of Lakeland, Florida, ages thirteen (13) and up as of the beginning of the contest, except for employees and their immediate families (spouse, parents, siblings, and children) and members of the same household of the Central Florida Basketball Partners, LLC (“Lakeland Magic”), NBA G League and its member teams, NBA Development League, LLC, NBA Development League, Inc, Orlando Magic, Ltd., Orlando Events Center Enterprises, LLC, RP Funding Center, the National Basketball Association (“NBA”) and its Member Teams, NBA Properties, Inc. and each of their respective parent organizations, subsidiaries, affiliates, directors, officers, owners, advertising and promotion agencies, and agents. Proof of eligibility may be required. Limit one (1) entry per person; anyone who submits multiple entries is subject to disqualification.
4. SELECTION/VERIFICATION OF FINALISTS AND WINNER: All contestants must submit the Affidavit of Eligibility and Liability Release by July 25, 2019. To become a finalist, a contestant must receive one of the top three (3) aggregate scores from the judges based on the judging criteria. Entries will be judged on a 1-10 scale on each of the following criteria which will receive the weighting noted in parentheses: Forty percent (40%) for innovative design/creativity/submitted statement, Thirty-five percent (35%) for authenticity/originality, and Twenty-five percent (25%) for embodying the Magic organization/culture. Finalists will be determined by select representatives of the Lakeland Magic, whose decisions are final on all matters relating to this contest. Finalists will be notified upon conclusion of the judging. In the event of a tie, the finalist will be selected based on the date of submission with the finalist being the one whose Entry was submitted earlier in the entry period.
The three (3) finalists’ designs will be placed on www.lakelandmagic.com/jerseycontest starting on August 1, 2019 by 5:00 PM where fans will be able to vote for the design they would like to see on the Art Theme Night uniforms to be worn by the Lakeland Magic players at the Art Theme Night game during the 2019-20 season. Voting will remain open until 11:59 PM on August 15, 2019. The finalist with the most votes will receive 10 points. The finalist the second most votes will receive five (5) points and the finalist with the third most votes will receive two (2) points. The grand prize winner will be the finalist who has the highest combined score between the judging and the voting. The grand prize winner will be notified upon the conclusion of the voting period. In the event of a tie, the grand prize winner will be the one who had the higher aggregate score during the judging period. If a tie remains, the grand prize winner will be the contestant whose entry was submitted earlier in the entry period.
The prizes are not redeemable for cash and may not be transferred or substituted. Notwithstanding anything to the contrary herein, any prize to be awarded to a minor shall be awarded to the parent and/or guardian, on behalf of the minor, listed on the Entry. No more than the advertised number of prizes will be awarded.
5. VERIFICATION OF WINNER AND DELIVERY OF PRIZES: Prizes may be awarded to the runner-up of the contest if: (i) required documents are not returned within twenty-four (24) hours after sending to the finalists; (ii) winner fails to meet the eligibility requirements set forth in Section 3; (iii) the prize notification letters or prizes are returned as undeliverable; (iv) two (2) attempts to contact the winner by phone and/or email account are unsuccessful; or (v) winner declines a prize.
6. DISPUTE RESOLUTION
(a) Informal Dispute Resolution. Prior to filing any arbitration proceeding pursuant to paragraph 6(b) hereof, the party intending to file such a proceeding shall notify the other party in writing of the existence and the nature of the dispute. The parties each agree that within ten (10) business days of the other party's receipt of such notice, a representative of each party shall meet in-person for a minimum of one (1) eight (8) hour day, or such shorter period of time if the dispute is more quickly resolved, in Orlando, Florida in order to attempt to amicably resolve the dispute. If such informal dispute resolution attempts prove to be unsuccessful, the notifying party may initiate the dispute resolution procedures available as set forth herein. Each party shall bear its own costs associated with the meeting and in no event shall either party be liable to the other for any costs or expenses incurred as a result of such meeting.
(b) Arbitration. Except as provided in paragraph 6(c) with respect to injunctive proceedings, and paragraph 6(a) with respect to informal dispute resolution, all controversies, disputes or claims arising between the parties arising out of or related to the contest shall be submitted promptly for arbitration to be conducted in Orlando, Florida, and administered by the American Arbitration Association. Such arbitration proceedings shall be resolved by a single arbitrator selected by mutual agreement of the parties. If the parties are unable to agree on the appointment of the arbitrator to resolve the dispute within thirty (30) days from the date when the request for arbitration initially has been communicated to the other party, such appointment shall be made by the American Arbitration Association. The arbitrator shall have the right to award or include in the award any relief deemed proper under the circumstances, including attorneys’ fees and costs incurred by the prevailing party. The award and decision of the arbitrators shall be conclusive and binding upon all parties hereto and judgment upon the award may be entered in any court of competent jurisdiction. The parties waive any right to contest the validity or enforceability of such award.
(c) Injunctive Relief. The parties acknowledge that violation of these Official Rules would cause irreparable harm that would not be adequately compensable by monetary damages. In addition to other relief, it is agreed that preliminary and permanent injunctive relief will be available to prevent any actual or threatened violation of such provisions.
7. GENERAL: This contest is void where prohibited or restricted by law and is subject to all applicable federal, state and local laws and regulations. The contest shall in all respects be governed by, and construed in accordance with, the laws of the State of Florida, including all matters of construction, validity and performance, without giving effect to its conflict of laws provisions. Taxes and fees, if any, are the sole responsibility of the winner or the parent or legal guardian of the winner. Winner or the parent or legal guardian of winner may be required to sign an IRS form 1099 or the equivalent. By participating in this contest, each contestant or the parent or legal guardian of such contestant accepts the conditions stated in these Official Rules, agrees to be bound by the decisions of the judges, and warrants that he or she is eligible to participate in the contest. Sponsor reserves the right, in their sole discretion, to disqualify any contestant from this contest or any other promotion conducted now or in the future by the Lakeland Magic, NBA G League and its member teams, NBA Development League, LLC, NBA Development League, Inc, Orlando Magic, Ltd., Orlando Events Center Enterprises, LLC, RP Funding Center, the NBA and its Member Teams, NBA Properties, Inc. and each of their respective parent organizations, subsidiaries, affiliates, directors, officers, owners, advertising and promotion agencies, and agents if he or she tampers with the entry process or his or her fraud or misconduct affects the integrity of the contest. Sponsor reserves the right to cancel, terminate or modify the contest should any virus, bug, tampering, technical failure, unauthorized human intervention or other cause beyond Sponsor’s control corrupt or affect the administration, security, fairness or proper conduct of the contest. The Sponsor is not liable to a winner or to any other person for failure to supply the prizes described herein (or any part thereof) by reason of such prizes (or any portion thereof) becoming unavailable or impracticable to award for reasons beyond the reasonable control of the Sponsor, or for any force majeure event, technical or equipment failure, terrorist acts, labor dispute, or act/omission of any kind (whether legal or illegal), transportation interruption, civil disturbance, or any other cause beyond the reasonable control of the Sponsor. Contestants or the parent or legal guardian of contestants agree to hold harmless and indemnify the Lakeland Magic, NBA G League and its member teams, NBA Development League, LLC, NBA Development League, Inc, Orlando Magic, Ltd., Orlando Events Center Enterprises, LLC, RP Funding Center, the NBA and its Member Teams, NBA Properties, Inc. and each of their respective parent organizations, subsidiaries, affiliates, directors, officers, owners, advertising and promotion agencies, and agents (collectively, the “Indemnified Parties”) from any and all liability, loss or damages or causes of action arising from or in connection with contestant’s participation in or winner’s receipt or use of the prizes awarded in the contest. Contestants or the parent or legal guardian of contestants agree to the use of their name, likeness, biographical data, and/or voice in any and all advertising, promotions, and other publicity conducted by the Indemnified Parties, in any medium, without additional authorization, compensation or remuneration to the extent permitted by law. Sponsor is responsible only for delivery of prizes, and not for use, utility, quality or otherwise.
8. WINNER’S LIST: To obtain the winner’s name, send a self-addressed, stamped envelope to: Lakeland Magic Jersey Design Contest, 701 West Lime Street, Lakeland, FL 33815. Requests must be received by August 22, 2019. The list will be sent after selection of the winner.
9. SPONSOR: Central Florida Basketball Partners, LLC, 701 West Lime Street, Lakeland, FL 33815 (the “Sponsor”).