OFFICIAL RULES FOR THE
DALLAS MAVERICKS T-SHIRT DESIGN CONTEST
(THE “CONTEST”)
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW AND NBA RULES.
SPONSOR: Dallas Mavericks, 1333 N. Stemmons Fwy. Dallas, TX 75207 (“Dallas Mavericks” or “Sponsor”).
CONTEST: The Dallas Mavericks are hosting an open invite for eligible local Artists (“Artist”) within the Eligibility Area to submit a personal portfolio illustrating owned past work and style for a chance to engage with the Dallas Mavericks for a promotional activity related to their submission (in Sponsor’s sole discretion).
CONTEST PERIOD: The Contest period (“Entry Period”) begins. The Entry Period begins Friday, August 18, 2023 at 12:01 AM CST and ends Sunday, August 27, 2023 at 11:59 PM CST. Participation in the Contest does not constitute participation in any other promotion, contest or sweepstakes held by Sponsor. Limit one entry per Artist for the Contest during Entry Period.
WHO’S ELIGIBLE: Contest is open to individuals who: (i) are age 18 or older legal residents of the United States with a primary residence address within the state of Texas excluding residents within seventy-five (75) miles from either Oklahoma City, OK, San Antonio, TX or Houston, TX city limits (“Eligibility Area”); (ii) agree and adhere to these Official Rules; and (iii) successfully complete the entry process (including submitting a complete entry form) as provided during the applicable Entry Period. Employees of (a) Dallas Basketball Limited, (b) NBA Properties Inc. (c) NBA Media Ventures, LLC, (d) the National Basketball Association and its Member Teams, and each of their respective parent, subsidiary, and related companies and divisions (collectively, defined as the “NBA Entities”), and each of their respective parent companies, affiliates, owners, subsidiaries, divisions, directors, officers, members, partners, trustees, franchisees, governors, agents, owners, shareholders, participating vendors, distributors, advertising production and promotion agencies, agents and their immediate family members (i.e., spouse, parent, child, sibling, and the “steps” of each,) and persons living in the same household of each (collectively, the “Contest Entities”) are not eligible to enter the Contest. By entering the Contest, participants agree to accept and be bound by all terms of these Official Rules and Regulations and the decisions of Dallas Mavericks are final and binding in all matters. Void outside of the Eligibility Area and where prohibited or restricted by law. The Contest is subject to all applicable federal, state, territory, provincial and local laws, rules, and regulations.
HOW TO ENTER: During the Entry Period, eligible Artists may visit mavs.com/teedup to complete and submit an online entry form, including various ways to provide a personal portfolio illustrating owned work and style, in accordance with Official Rules. By successfully submitting a complete eligible entry form as directed during the Entry Period (the “Artwork”), you will be entered into the Contest.
Limit one (1) entry per Artist. Entries that do not fully comply with the requirements set forth herein will be disqualified at Sponsor’s sole discretion. Artwork provided by Artist must be solely the original creation of the Artist. Artwork must not infringe any third-party rights, and must be suitable for publication (i.e., it may not be obscene, contain profanities or indecent, in Sponsor’s sole discretion). Artwork cannot defame or invade publicity rights or the privacy of any person, living or deceased, or otherwise infringe on any person’s personal or proprietary rights. No information regarding Entries will be disclosed.
Incomplete and/or inaccurate entries are void. All entries must include a valid e-mail address for the entrant. If the email address supplied is not valid, the entry will be void. If an entrant uses different or multiple email accounts to obtain more than one (1) entry, all such entries will be void. All information submitted online by entrants is subject to, and will be treated in a manner consistent with, NBA.com’s Terms of Use accessible at: http://www.nba.com/termsofuse/ and Privacy Policy accessible at: https://www.nba.com/privacy-policy.
CRITERIA OF WINNER: Following the conclusion of the Entry Period, the Dallas Mavericks will judge all eligible entries using the below criteria and notify the winning artists responsible for the entry. All eligible entries received will be judged by a panel of Dallas Mavericks employees and rated on a 100-point scale based on the following criteria:
- Design of Portfolio (in the form of website, and/or traditional portfolio in digital format, and/or social channels, and/or etc.) – 10%;
- Originality/Creativity – 30%;
- Expansiveness and uniqueness of style(s) demonstrated – 30%;
- Appropriateness to graphic tee design capabilities – 30%.
In the event of a tie, the entry with the highest score in Originality/Creativity and appropriateness to graphic tee design capabilities will be declared the winner. Subject to verification of eligibility and compliance with the terms of these Official Rules, the submitters of the Dallas Mavericks favorite entries will each be declared a potential winner of the Contest (“Winner”). The decisions of the Dallas Mavericks are final and binding on all matters relating to this Contest.
PRIZE: A minimum of 3 winners have the opportunity to engage with the Dallas Mavericks for a promotional activity related to their Artwork (in Sponsor’s sole discretion) (the “Prize”). Approximate Retail Value (“ARV”) – $0.00. The Prize does not include any guarantee that the Sponsor will use or publish your future promotional activities or Artwork, which is at Sponsor’s sole discretion.
PRIZE CONDITIONS: Winners must (a) have the ability, using lawful means, to claim the Prize within forty-eight (48) hours of receiving notification from a Dallas Mavericks’ representative who will notify the Winner as described in the “Notification” section below, and (b) fulfill the documentation requirements described in the “Notification” section below. All Prize details shall be determined in the sole and absolute discretion of the Dallas Mavericks. All costs and expenses associated with the Prize acceptance and use not specified herein as being provided are the sole responsibility of each individual Winner. Each Winner is fully responsible for all applicable federal, state, territory, provincial and local taxes (including income and withholding taxes). The Prizes are non-transferable and non-assignable, with no cash redemptions except at the Dallas Mavericks’ sole and absolute discretion. The Dallas Mavericks reserves the right to substitute any Prize (or any portion thereof) with a prize of comparable or greater value at its sole and absolute discretion. The Dallas Mavericks reserves the right to substitute any Prize (or any portion thereof) with a prize of comparable or greater value at its sole and absolute discretion.
NOTIFICATION OF WINNERS: The winner(s) will be notified via email (the “Prize Notification”). THE WINNER MUST REPLY AND AGREE VIA EMAIL (OR BY OTHER MEANS IN THE SOLE DISCRETION OF THE DALLAS MAVERICKS) TO SUCH PRIZE NOTIFICATION WITHIN THE REQUIRED RESPONSE TIME TO CLAIM THE PRIZE. IN THE EVENT THAT ANY POTENTIAL WINNER DOES NOT RESPOND TO ANY SUCH PRIZE NOTIFICATION WITHIN THE REQUIRED RESPONSE TIME, THE POTENTIAL WINNER IS ADJUDGED TO BE INELIGIBLE, OR DECLINES THE PRIZE FOR ANY REASON, OR IF THE PRIZE NOTIFICATION IS RETURNED AS UNDELIVERABLE, A DISQUALIFICATION WILL RESULT, THE PRIZE WILL BE FORFEITED AND, AT THE DALLAS MAVERICKS’ SOLE DISCRETION AND TIME PERMITTING, AN ALTERNATE POTENTIAL WINNER MAY BE SELECTED USING THE ABOVE JUDGING CRITERIA FROM AMONG ALL REMAINING ELIGIBLE ENTRIES RECEIVED FOR THE APPLICABLE ENTRY PERIOD. THE WINNER MAY BE REQUIRED TO SUBMIT HIS/HER VALID SOCIAL SECURITY NUMBER AND/OR OTHER IDENTIFICATION TO THE DALLAS MAVERICKS AND MAY BE REQUIRED TO EXECUTE AND RETURN AN AFFIDAVIT OF ELIGIBILITY AND RELEASE OF LIABILITY AND, UNLESS PROHIBITED BY LAW, PUBLICITY (INCLUDING FOR THE FUTURE PROMOTIONAL ACTIVITIES AND DESIGNS TO BE CREATED BY WINNER), WITHIN THE REQUIRED RESPONSE TIME FROM TIME OF ISSUANCE. Failure to submit any identification required by the Dallas Mavericks or to return the required documents within the specified time period, noncompliance with these Official Rules or the return of any Prize (or any portion thereof) or Prize Notification as undeliverable may result in disqualification and Prize forfeiture and, at the Dallas Mavericks’ sole discretion and time permitting, may cause an alternate potential winner to be selected from among all remaining eligible entries received for the Entry Period.
PRIVACY POLICY: Any personally identifiable information collected during a recipient’s participation in the Giveaway will be collected by the Dallas Mavericks, Sponsors, or their designees and used by and/or shared with the Dallas Mavericks, Sponsors, and/or their affiliates, designees, agents and marketers for purposes of the proper administration and fulfillment of the Contest as described in these Official Rules and for other uses (including marketing and advertising) and in accordance with the policy stated at http://www.nba.com/privacy_policy.html (the “Policy”). By entering this Contest, you consent to the foregoing.
You hereby agree, represent and warrant that (i) you are solely responsible for the content and Artwork you create you provide in connection with this Contest (your “Content”), (ii) you own all rights in and to your Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such Content, (iii) the use of your Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary, or other rights, of any third party, or any law, rule or regulation, (iv) the Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful, (v) you are a United States resident submitting your Content from a location within the United States, and (vi) you hereby release, discharge and agree to hold Dallas Mavericks and any person acting on its behalf, harmless from any liability related in any way to the use of your Content. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of Dallas Mavericks by authorizing the use of your Content.
WAIVER OF LIABILITY/PUBLICITY RELEASE: By participating in the Contest and submitting an entry, each entrant agrees to (i) be bound by these Official Rules, including all entry requirements, and (ii) waive any and all claims against the Dallas Mavericks, the other NBA Entities and each of their respective parent companies, affiliates, owners, partners, members, subsidiaries, officers, directors, employees, agents, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, and any and all other companies associated with the Contest, and all of their respective officers, directors, employees, agents and representatives (collectively, “Released Parties”) for any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from the participation in the Contest or from the receipt or use of any Prize (or any portion thereof) or any travel or activity related to the receipt or use of any Prize (or any portion thereof). By entering this Contest, each entrant gives his/her express permission to be contacted by the Dallas Mavericks by telephone, e-mail and/or postal mail for Contest purposes. Each Winner, by acceptance of any Prize, grants to the Dallas Mavericks, the NBA and each of their respective designees the right to publicize such Winner’s name, address (city and state/territory/province of residence), photograph, video, voice, statements and/or other likeness and prize information for advertising, promotional, trade and/or any other purpose in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, unless prohibited by law.
THE CONTEST, AND THE PRIZES ARE PROVIDED “AS IS” AND SPONSOR DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND (EXPRESS OR IMPLIED) REGARDING THE CONTEST, OR THE PRIZES. SPONSOR DOES NOT WARRANT THAT THE WEBSITE, ANY OF THE WEBSITE’S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NOTWITHSTANDING ANYTHING ELSE HEREIN OR OTHERWISE, SPONSOR SHALL NOT BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THESE OFFICIAL RULES OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, GOODWILL, OR ANTICIPATED PROFITS) (B) AMOUNTS IN EXCESS OF THE PRIZE FOR THE APPLICABLE CONTEST, (C) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, AND/OR (D) ANY MATTER BEYOND SUCH PARTIES’ REASONABLE CONTROL.
DISPUTES/GOVERNING LAW: BY ENTERING THIS CONTEST, ENTRANT AGREES THAT (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THE CONTEST, BUT IN NO EVENT ATTORNEYS’ FEES; AND (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND EACH ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, INDIRECT, 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. THESE OFFICIAL RULES AND THE CONTEST ARE GOVERNED BY AND CONTROLLED BY THE LAWS IN AND OF THE STATE OF TEXAS, APPLICABLE TO CONTRACTS MADE AND PERFORMED THEREIN WITHOUT REFERENCE TO THE APPLICABLE CHOICE OF LAW PROVISIONS. ALL ACTIONS, PROCEEDINGS OR LITIGATION RELATING HERETO WILL BE INSTITUTED AND PROSECUTED SOLELY WITHIN DALLAS, TEXAS. THE ENTRANT HEREBY CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS OF TEXAS WITH RESPECT TO ANY ACTION, DISPUTE OR OTHER MATTER PERTAINING TO OR ARISING OUT OF THE CONTEST INCLUDING, WITHOUT LIMITATION, ANY PRIZE AWARDED IN CONNECTION WITH THE CONTEST, AND WAIVES EVERY DEFENSE THAT SUCH JURISDICTION IS INCONVENIENT OR IMPROPER. IF ANY PROVISION, OR any PORTION THEREOF, OF THESE OFFICIAL RULES ARE DECLARED OR FOUND BY A COURT OF COMPETENT JURISDICTION TO BE ILLEGAL, UNENFORCEABLE OR VOID, THEN SUCH PROVISION, OR PORTION THEREOF, WILL BE NULL AND VOID BUT EACH OTHER PROVISION HEREOF NOT SO AFFECTED WILL BE ENFORCED TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY.
GENERAL CONDITIONS: Released Parties are not responsible for stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated, postage-due or garbled entries, transmissions, e-mail or mail; or for lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider (ISP), wireless network, website, or other connections including those through and/or by any website, availability or accessibility or miscommunications or failed computer, satellite, telephone, cable or wireless transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; wireless service congestion; failures or malfunctions of phones, phone lines or telephone systems, wireless towers or cellular tower equipment; any error, omission, interruption, defect or delay in wireless or other transmission, processing, or communication; non-delivery; misdirected, blocked, or delayed e-mail notifications; printing, typographical or other errors appearing within these Official Rules, in any Contest-related advertisements or other materials; or any other errors, problems or difficulties of any kind whether human, mechanical, electronic, network, computer, telephone, wireless service, mail, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the Prizes or in any Contest-related materials, or the cancellation or postponement of any National Basketball Association game, event or exhibition. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to entrants’ or to any other person’s computer and/or wireless device related to or resulting from participating in this Contest or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Contest or website or attempt to undermine the legitimate operation of the Contest by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other entrant or any representative of the Dallas Mavericks or who are in violation of these Official Rules, as solely determined by the Dallas Mavericks, will be disqualified and all associated entries will be void. Any attempt to deliberately damage the content or operation of this Contest is unlawful and subject to legal action by the Dallas Mavericks, National Basketball Association and/or their respective agents. The Dallas Mavericks shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Contest, and to resolve all disputes in its sole discretion. Released Parties (i) make no warranty, guaranty or representation of any kind concerning any Prize (or any portion thereof) or the website, and (ii) disclaim any implied warranty. The Dallas Mavericks’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
The Dallas Mavericks reserves the right, in their sole discretion, to cancel or suspend the Contest (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the Contest (or any portion thereof). In the event of cancellation, the Dallas Mavericks may elect to identify the Winner and award the Prizes from among all non-suspect, eligible entries, in accordance with the judging criteria, received for the Entry Period up to the time of such cancellation. The Dallas Mavericks also reserves the right, in their sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Contest.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE DALLAS MAVERICKS WILL DISQUALIFY ANY ENTRANT RESPONSIBLE FOR THE ATTEMPT, AND THE DALLAS MAVERICKS AND/OR THEIR RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Entries generated by a script, macro or other mechanical or automated means will be disqualified. In the event of dispute as to the identity or eligibility of any potential winner based on an e-mail address, the winning entry will be declared made by the Authorized Account Holder of the e-mail address submitted at the time of entry provided he/she is eligible according to these Official Rules. The “Authorized Account Holder” is defined as the natural person to whom the applicable Internet service provider or other organization (such as a business or educational institution) has assigned the e-mail address for the domain associated with the submitted e-mail address.
The NBA Entities will have no liability or responsibility for any claim arising in connection with participation in this Contest or any prize awarded. The NBA Entities have not offered or administered this Contest in any way.
WINNER LIST: For the names of the prize winners, send a self-addressed, stamped envelope with the message below written in the notice by August 31 10, 2024, to: Dallas Mavericks, 1333 N. Stemmons, Suite 105, Dallas, Texas, 75207. In the notice please write: “Please send the Official Winners list for the 2023-2024 DALLAS MAVERICKS T-SHIRT DESIGN CONTEST”