NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
The Sweepstakes may only be entered in or from the 50 United States and the District of Columbia. This Sweepstakes is governed exclusively by the laws of the United States.
Eligibility. Participation open only to legal residents of the fifty (50) United States and the District of Columbia, who are at least 18 years old and have reached the age of majority in their state of residence at time of entry. Void outside of the fifty (50) United States and the District of Columbia, and where prohibited, taxed or restricted by law. Employees, officers and directors of 2K Games, Inc. (“Sponsor”), NBA Properties, Inc., the National Basketball Association, the Women’s National Basketball Association, NBA Media Ventures LLC, NBA TV LLC, and the NBA & WNBA member teams (collectively “the NBA Entities”), the National Basketball Players Association, the Women’s National Basketball Players Association, the National Football League Players Association (as licensing agents for the Women’s National Basketball Players Association), the NBA 2K League (current and past players are not considered employees and are eligible to enter), and Sony Computer Entertainment America LLC (collectively, the “Sweepstakes Parties”) and their respective parent companies, subsidiaries, affiliates, partners, retailers, advertising and promotion agencies, manufacturers or distributors of Sweepstakes 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, in its sole and reasonable discretion, including, but not limited to, a perceived or actual conflict of interest. All federal, state and local laws and regulations apply.
2. Start/End Dates. Entry period begins on September 10, 2021 at 8:00:00 AM Pacific Time (U.S.) and ends on September 10, 2021 at 12:29:59 PM Pacific Time (U.S.) (“Sweepstakes Period”). Sponsor’s computer is the official time-keeping device for the Sweepstakes.
3. How to Enter. To enter the Sweepstakes:
Read the Official Rules and log onto your Twitter account and follow the links and instructions to become a follower of Sponsor’s page on Twitter, located at @NBA2K (“Sponsor’s Twitter Page”);
Look for the Sweepstakes Tweet, which will be labeled “24K GOLD PS5” (“Sweepstakes Tweet”);
Reply to the initial “24K GOLD PS5” Sweepstakes Tweet with the hashtags #2KDay and #Sweepstakes. No additional information should be submitted with your reply.
Tweets will be tweeted from the @NBA2K handle during the Sweepstakes Period. Your tweet must be a reply to this initial Sweepstakes Tweet and include the hashtags #2KDay and #Sweepstakes.
You must be an active holder of a non-private Twitter account and be a follower of the @NBA2K Twitter handle to be eligible to enter this Sweepstakes (i.e., you must make sure your tweets are set to “public” and not “private”). You must have a Twitter account to enter this Sweepstakes. If you do not have a Twitter account, you can create one by visiting www.twitter.com. Twitter accounts are free.
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 be solely responsible for any and all charges you incur in entering, or participating in, the Sweepstakes (including, without limitation, 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, posts and reply tweets 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 in Section 4), as determined by Sponsor in its sole and reasonable discretion.
Limit one (1) Submission per person throughout the Sweepstakes Period. Entrants are not permitted to submit more than one (1) Submission throughout the Sweepstakes Period. Duplicate Submissions by the same person will be subject to disqualification. Entrants must comply with terms and conditions of Twitter.com. Multiple entrants are not permitted to share the same Twitter account. Any attempt by any entrant to obtain more than one entry 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.
No automated entry devices and/or programs permitted. All entries, including Submissions, become the sole and exclusive property of the Sponsor to the maximum extent permitted by law 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 Sweepstakes, 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/or disqualify an entrant from the Sweepstakes if it believes, in its sole discretion, that the entrant’s Submission fails to conform to the Guidelines and Restrictions.
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 Sweepstakes;
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; and
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.
5. License. Providing a Submission 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, for any purpose whatsoever, including for promotional or marketing purposes. Each entrant hereby irrevocably and unconditionally waives and agrees never to assert any moral rights such entrant may have in connection with their Submission.
6. Random Drawing/Odds. On or about September 16, 2020, one (1) potential winner will be selected in a random drawing from all eligible entries received during the Sweepstakes Period (“Winner”). Odds of winning will depend upon the number of eligible entries received. The random drawing will be conducted by Sponsor. By entering the Sweepstakes, you fully and unconditionally agree to be bound by the governing rules and Sponsor’s decisions, which will be final and binding in all matters relating to the Sweepstakes.
7. Grand Prize. One (1) Winner will receive one (1) 24K GOLD Luxury Customized Limited Edition PlayStation®5 (with adaptor, if necessary) [JS(1] [JK(2] [JS(3] (“Prize”).
Approximate Retail Value (“ARV”) of Prize: $10,407.00 (USD). 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 reasonable discretion.
Sponsor will endeavor to fulfil the Prize during the week commencing October 10, 2021. If in the event the Prize cannot be awarded or is delayed due to shipping, manufacturing and/or other issues, including COVID-19, Sponsor may provide Winner with the cash value of the Prize (the “Substitute Prize”), as determined by Sponsor in its sole and reasonable discretion. If Winner chooses not to accept Substitute Prize, the Prize will be forfeited and awarded to the next runner-up. All decisions in connection with the Prize and the Substitute Prize (if any) shall be made in Sponsor’s sole and absolute discretion.
TAX GROSS UP PAYMENT: In addition to the Prize awarded to Winner, Winner will also receive a single cash payment in the form of a corporate check which is intended to assist with any federal, state, or other tax obligations related to the Prize (the “Tax Gross-Up Payment”), if applicable. The amount of Tax Gross-Up Payment will be computed based upon the actual retail value of the Prize and assuming that the Winner’s combined tax rate for all federal, state, and other tax obligations related to such Prize is 33%. The Tax Gross-Up Payment is intended to assist with any federal, state, or other tax obligations related to the Prize. The Tax Gross-Up Payment may not be sufficient to cover Winner’s entire tax liability related to winning the Prize. Winner may be required to provide Sponsor a W-9 form. Winner’s reportable winnings and the gross-up payment will be included on Winner’s 2021 Form 1099-MISC and will be subject to withholding. Sponsor will comply with all tax reporting requirements, including a Form 1099-MISC issued to Winner.
Prize is non-transferable. No substitutions or cash redemptions except by Sponsor. 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. All taxes and unspecified expenses are the responsibility of Winner.
8. Notification. Potential Winner will be notified on or about September 16, 2021, and will be required to sign and return, where legal, an Affidavit or Declaration of Eligibility, Liability/Publicity Release and/or rights transfer document (collectively, “Affidavit/Release”) within five (5) days of receipt.
The potential Winner will be notified by Sponsor via a direct message on Twitter or reply to the potential Winner’s Submission. Potential Winner will be required to email Sponsor within five (5) calendar days in order to claim his or her Prize.
If any potential Winner cannot be contacted within five (5) calendar days of first notification attempt, if any prize or prize notification is returned as undeliverable, if Winner rejects his/her prize or in the event of noncompliance with these Sweepstakes rules and requirements then Prize will be forfeited and an alternate Winner will be selected from all remaining eligible entries. No compensation will be given upon prize forfeiture.
9. Conditions. Any and all federal, state and local taxes are the sole responsibility of Winner. Participation in Sweepstakes and acceptance of prize constitutes Winner’s permission for Sponsor to use his/her name, address (city and state ), likeness, photograph, picture, portrait, voice, biographical information, Submission and/or any statements made by Winner regarding the Sweepstakes 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, the Sweepstakes Parties, Twitter, Inc. 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”), 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 the Sweepstakes, or possession, acceptance and/or use or misuse of Prize or participation in any Sweepstakes-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 Sweepstakes in any way shall be disqualified. Sponsor is not responsible if Sweepstakes cannot take place or if any prize cannot be awarded due to reasons beyond Sponsor’s reasonable control, such as travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather, epidemics, pandemics, or acts of terrorism.
10. 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 Sweepstakes, including any injury or damage to entrant’s or any other person’s computer relating to or resulting from participating in this Sweepstakes or downloading any materials in this Sweepstakes. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Sweepstakes should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud, epidemics or pandemics, or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. 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 individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Sweepstakes or web site. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes 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. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill (if required) as it deems appropriate or necessary to comply with applicable law.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES 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.
11. Limitation of Liability; Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY 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/OR USE OF SPONSOR’S TWITTER HANDLES AND/OR DOWNLOADING FROM OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND THE PRIZE 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 LIMITATION 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 ENTRANTS, OR SHALL ONLY APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN THE EVENT THAT ANY OF THE ABOVE LIMITATIONS OR EXCLUSIONS OF LIABILITY ARE NOT ENFORCEABLE UNDER APPLICABLE LAW, THE AFFECTED LIMITATION OR EXCLUSION OF LIABILITY SHALL BE DEEMED OMITTED FROM THESE OFFICIAL RULES AND SHALL IN NO WAY AFFECT THE LEGALITY, VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THESE OFFICIAL RULES.
12. Disputes; Governing Law. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules and/or the Sweepstakes 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 WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES SUBJECT TO THE ENFORCEMENT OF THE MANDATORY PROVISIONS OF ANY OTHER APPLICABLE LAW. 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 Sweepstakes, 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.
Entrants’ personal data submitted to, or collected by, Sponsor in connection with the Sweepstakes will be processed by Sponsor and/or data processors appointed by Sponsor for the purposes of conducting, administering and marketing the Sweepstakes. Each entrant understands that Sponsor has a valid legitimate interest in processing such personal data for these purposes. The winner of the Sweepstakes also understands that:
(a) Sponsor may disclose the winner’s name and age to each of the NBA Entities (some of whom may be located in countries outside the European Economic Area that have data protection laws that are different to those of the country in which the entrant is located) for the purposes of marketing the Sweepstakes in any media or format now or hereafter known, and/or for any other purpose that is compatible with such purposes, in either case without further compensation (financial or otherwise), permission or notification;
(b) each NBA Entity to which any entrant’s personal data is disclosed by Sponsor shall be an independent controller with respect to such disclosed personal data; and
IN THE EVENT THERE IS A DISCREPANCY OR INCONSISTENCY BETWEEN DISCLOSURES OR OTHER STATEMENTS CONTAINED IN ANY SWEEPSTAKES MATERIALS AND THESE OFFICIAL RULES, THE TERMS OF THE OFFICIAL RULES SHALL PREVAIL, GOVERN AND CONTROL.
16. Name of Winner. To obtain the name of Winner, send a self-addressed, stamped envelope by October 10, 2021 to: 24K Gold PS5 Sweepstakes Winner’s List Request, 2K Games, Inc., 10 Hamilton Landing, Novato, CA 94949 United States.
17. 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.
THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH TWITTER. YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO TWITTER.