- PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU IF YOU REGISTER FOR THIS PROGRAM.
General / Overview
The following Terms & Conditions shall apply to the relationship between The Professional Basketball Club, LLC, an Oklahoma limited liability company, as owner and operator of the Oklahoma City Thunder, a men’s professional basketball team, which is a member of the National Basketball Association (the “Thunder”), all subsidiaries of the Thunder and the entrant (the “Entrant” or “You”). By registering each Entrant accepts these Terms & Conditions, as well as the manner in which the Thunder operates the Watch and Win contests. These Terms & Conditions constitute the entire agreement between the Thunder and the Entrant and supersede and replace all prior commitments, undertakings, or representations, whether written or oral, between the Entrant and the Thunder with respect to the Watch & Win contests.
Acceptance of Terms & Conditions
If You do not agree to the Terms & Conditions, do not participate in the Watch and Win contests. By participating in the Watch and Win contests, You agree to and are bound by these Terms & Conditions.
Changes to Terms & Conditions
The Thunder may change (add to, delete, or amend) the Terms & Conditions from time to time, with or without cause. Should this occur, You agree that the Thunder may provide You notice of such changes in any of the following ways: via an email from the Thunder, via an RSS feed, and/or by posting a change notice on the website for a reasonably limited time. It is Your responsibility to review any revised Terms & Conditions. Should You find any subsequent revisions to the Terms & Conditions unacceptable, You must cease participating in the Watch and Win contests. By continuing to participate in the Watch and Win contests following notice of a revision to the Terms & Conditions, You agree to and are bound by the Terms & Conditions as revised.
No purchase is necessary to enter. If you participate in the Thunder Watch and Win contests, you are solely responsible for preserving the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Entrants must be at least 18 years of age as of the date of entry. The Thunder, in its sole discretion, reserves the right to refuse service, terminate accounts, or remove or edit content. Entrants may only participate in the Watch and Win contests in, or from, the State of Oklahoma. Entries originating from any other jurisdiction will be deemed ineligible. The Watch and Win contests are void wherever prohibited or restricted by law. Participation in the Watch and Win contests is reserved exclusively for private users and not for commercial or semi-commercial retailers. The Thunder reserves the right to limit in its sole discretion the number of user accounts per household. Members, managers, employees, officers and directors of the Professional Basketball Club, LLC, the National Basketball Association and its Member Teams, NBA Properties, Inc., the Women’s National Basketball Association and its Teams and Operators, WNBA Enterprises, LLC, and their respective parents, subsidiaries, affiliates, partners, dealers, advertising and promotional agencies, manufacturers or distributors of the Sweepstakes materials and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of each are NOT ELIGIBLE.
Entrants must create an account profile by visiting THUNDER.NBA.COM and clicking on the Thunder Watch and Win Challenge or by visiting thunderwatchandwin.com. Upon creating an account profile, the entrant may earn points by answering Thunder related trivia questions and engaging in other Thunder interactive content. You may register only once for the Watch and Win contests, and You must provide a postal address where You reside (P.O. boxes or similar arrangements are not permitted). You agree not to have more than one account. You must not provide misleading information when registering. You may not collude to exchange information with other Entrants. Your chosen username must not be offensive, rude, disparaging, or intended to deceive or delude other Entrants. Your username may not advertise for other websites or services or otherwise violate the intellectual property rights of any third party. Entrant’s creation of a Thunder Watch and Win account profile constitutes permission for the Thunder, the Professional Basketball Club LLC, the National Basketball Association and its Member Teams, NBA Properties, Inc., the Women’s National Basketball Association and its Teams and Operators, WNBA Enterprises, LLC, and their respective parents, subsidiaries, affiliates directors, officers, governors, employees, agents and sponsors to use the entrant’s name, picture, image, likeness, action, social media feeds, location and other identifiable information to the maximum extent permitted by applicable law. If the Thunder receives information that Your username is illegal or in breach of these Terms & Conditions as evaluated in the Thunder’s sole discretion, Your user account may be frozen until You change the username. The Thunder also may permanently close Your account without prior notice to You for violating these Terms & Conditions. You are responsible for keeping Your user account password confidential. The Thunder will never ask for Your password except during login. You should never provide Your password to anyone, including employees of the Thunder. User accounts are non-transferable. Only You may use Your user account. You agree to be liable for all offensive or unlawful activities that are undertaken using Your user account.
The Thunder reserves the right to temporarily or permanently terminate Your account at the Thunder’s sole discretion if it determines or suspects You have violated these Terms & Conditions, any laws, or the rights of our other users or other third parties. Examples of unauthorized usage include, but are not limited to a violation of the Watch and Win contest rules below, the creation of multiple accounts by the same individual or other fraudulent account activity or behavior. You agree that if the Thunder, in good faith and in its sole discretion, determines that You have breached these Terms & Conditions, the Thunder may withhold, cancel, or otherwise retain any and all of Your pending prizes and may also liquidate any points remaining in your account.
Watch and Win Contests
Game Day Contest: The game day sweepstakes (the “Game Day Sweepstakes”) begin at 12:00AM CST on October 30, 2013 and end at 11:59PM CST on April 16, 2014. Entrants must enter the Game Day Sweepstakes by creating a profile and accepting these terms and conditions. One (1) Winner will be chosen after every game. Entrants may only qualify via the aforementioned method of entry. By participating, each Entrant agrees to these rules and the decisions of the Thunder, which shall be final and legally binding in all matters relating to the Game Day Sweepstakes. The points earned have no monetary value and are non-transferable. Entrants may not obtain any money in exchange for points. All points remaining in an Entrant’s account at the end of each Game Day Sweepstakes will expire and be deleted. The Thunder will choose one (1) Winner from all entries after every Thunder game. Winners will receive one of the following items, which shall be selected by the Thunder in the Thunder’s sole discretion: Thunder tickets to one home game, Thunder prize packs, authentic Thunder player shoes, or a $100 Thunder Shop gift card. Ties will be resolved by random selection. Each Game Day Sweepstakes starts at 12:00AM CST of the day for which a Thunder home or away game is played and ends on 11:59PM CST of that same day.
Weekly Contest: The weekly sweepstakes (the “Weekly Sweepstakes”) begin at 12:00AM CST on October 30, 2013 and end at 11:59PM CST on April 16, 2014. Entrants must enter the Weekly Sweepstakes by clicking the enter button on each weekly contest. One (1) Winner will be chosen after every week during the regular season. Entrants may only qualify via the aforementioned method of entry. By participating, each Entrant agrees to these rules and the decisions of the Thunder, which shall be final and legally binding in all matters relating to the Weekly Sweepstakes. The points earned have no monetary value and are non-transferable. Entrants may not obtain any money in exchange for points. All points remaining in an Entrant’s account at the end of each monthly Sweepstakes will expire and be deleted. The Thunder will choose one (1) Winner from all entries after every week during the NBA regular season. Winners will receive one of the following items, which shall be selected by the Thunder in the Thunder’s sole discretion: autographed Thunder player photos or Thunder personalized jersey. The Weekly Sweepstakes starts on Wednesday, October 30, 2013 and ends Wednesday, April 16, 2014 with each Weekly Sweepstakes beginning every Wednesday at 12:00AM CST to the following Tuesday at 11:59PM CST.
Monthly Contest: The monthly sweepstakes (the “Monthly Sweepstakes”) begin at 12:00AM CST on October 30, 2013 and end at 11:59PM CST on April 16, 2014. Entrants must enter the Monthly Sweepstakes by clicking the enter button on each monthly contest. One (1) Winner will be chosen after every month during the regular season. Entrants may only qualify via the aforementioned method of entry. By participating, each Entrant agrees to these rules and the decisions of the Thunder, which shall be final and legally binding in all matters relating to the Monthly Sweepstakes. The points earned have no monetary value and are non-transferable. Entrants may not obtain any money in exchange for points. All points remaining in an Entrant’s account at the end of each monthly Sweepstakes will expire and be deleted. The Thunder will choose one (1) Winner from all entries after every month during the regular season. Winners will receive one of the following items, which shall be selected by the Thunder in the Thunder’s sole discretion: autographed Thunder player jersey or a Thunder team autographed basketball. The Monthly Sweepstakes starts on Wednesday, October 30, 2013 and ends Wednesday, April 16, 2014. The timeline for each monthly contest are as follows: 12:00AM CST on October 30, 2013 to November 30, 2013 at 11:59PM CST; 12:00AM CST on December 1, 2013 to December 31, 2013 at 11:59PM CST; 12:00AM CST on January 1, 2014 to January 31, 2014 at 11:59PM CST; 12:00AM CST on February 1, 2014 to February 28, 2014 at 11:59PM CST; 12:00AM CST on March 1, 2014 to March 31, 2014 at 11:59PM CST; and 12:00AM CST on April 1, 2014 to April 16, 2014 at 11:59PM CST.
Grand Prize Contest: The grand prize sweepstakes (the “Grand Prize Sweepstakes”) begin at 12:00AM CST on October 30, 2013 and end at 11:59PM CST on April 16, 2014. Entrants must enter the Grand Prize Sweepstakes by specifically clicking the enter button on each grand prize contest. Two (2) Winners will be chosen during the regular season for the periods set forth in these rules. Entrants may only qualify via the aforementioned method of entry. By participating, each entrant agrees to these rules and the decisions of the Thunder, which shall be final and legally binding in all matters relating to the Grand Prize Sweepstakes. The points earned have no monetary value and are non-transferable. Entrants may not obtain any money in exchange for points. All points remaining in an entrant’s account at the end of each Game Day Sweepstakes will expire and be deleted. The Thunder will choose one (1) Winner from all entries received between October 30, 2013 to March 16, 2014 (the “First Period”) and one (1) Winner from all entries received between March 16, 2014 to April 14, 2014 (the “Second Period”). The Winner from the First Period will receive a fly-away trip to Houston to watch the Thunder against the Houston Rockets, which will be played on April 4, 2014. Tickets, hotel and flight for the Winner and one guest are included. The Second Period Winner will receive either two (2) tickets for the April 16, 2014 Thunder home game against the Detroit Pistons or tickets to the first Thunder home playoff game. Such Second Period grand prize selection shall be conducted by the Thunder in the Thunder’s sole discretion. The recording of the grand prize points for the First Period starts on 12:00AM CST, Wednesday, October 30, 2013 and ends 11:59PM CST, Sunday, March 16, 2014 and for the Second Period starts on 12:00 AM CST, Monday, March 17, 2014 and ends 11:59PM CST, Wednesday, April 14, 2014.
Odds of Winning
Odds of winning any Watch and Win contest depend on the number of points earned by You as well as the total number of entries. Ties will be resolved by random selection.
Winners will be contacted by a Thunder representative via phone within twenty-four (24) hours after a Winner is chosen so that the prize may be delivered to the Winner at the address listed on the Winner’s account profile on the date the Winner is declared. If any such Winner cannot be contacted or declines the prize selected by the Thunder, then such Winner will forfeit the right to be the Winner and the Thunder may select a replacement Winner. The Thunder are not responsible for lost or stolen prize shipments and will only be responsible for non-receipt of a prize due to the shipment of the prize to an address different than the one in the Winner’s account profile as of the date that the Winner is declared.
Deliveries are made exclusively to the 48 continental states of the United States and Washington D.C. Unless otherwise stated, delivery will be made directly from the Thunder to the address provided by You. Delivery times vary; therefore, any time provided is only a guide. The Thunder shall be entitled to involve third parties, including, without limitation, the United States Postal Service, to satisfy its contractual obligations without being required to notify the Winner. Obvious damage to the item from transport or packaging damaged during transport must be reported to the Thunder upon receipt.
Risk of Loss
The risk of loss and title for all prizes won passes to You upon the Thunder’s delivery to the third party carrier.
Disclaimer of Warranty and Liability Regarding Participation
Neither the Thunder nor any of its members, managers, officers, directors, employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), or any third party who provides products or services purchased from or distributed by the Thunder, or the like, warrant that websites affiliated with the Watch and Win contests will be uninterrupted, error-free, or free of viruses, worms, trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products, and services published in association with the Watch and Win contests may contain inaccuracies or typographical errors. The Thunder makes no warranty as to the results that may be obtained from participation in the Watch and Win contests or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided. The Thunder shall not be responsible for any opinions, views, advice, or statements posted by other Entrants or third parties other than an authorized Thunder spokesperson. Advertisers, content providers, users, guests, independent writers, and experts are not authorized Thunder spokespersons. At no time should the opinions, views, advice, or statements provided by advertisers, content providers, users, guests, independent writers, or experts be relied upon for important personal decisions without independent verification. YOUR PARTICIPATION IN THE WATCH AND WIN CONTESTS IS AT YOUR SOLE RISK. THE WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY THE THUNDER ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE THUNDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE THUNDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WATCH AND WIN CONTESTS, SECURITY OF THE WEBSITE, THE RESULTS THAT MAY BE OBTAINED FROM PARTICIPATION IN THE WATCH AND WIN CONTESTS, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. WITHOUT LIMITING THE FOREGOING, THE THUNDER DOES NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT, THAT THE SITE WILL MEET YOUR REQUIREMENTS, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR INSTALLATION OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS & CONDITIONS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE THUNDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF THE THUNDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THE LIMITATIONS OF THIS SECTION SHALL APPLY NOTWITHSTANDING ANY RELIANCE ON ANY INFORMATION OBTAINED FROM THE THUNDER OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT THE THUNDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS LIMITATION SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE. THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE ON THE THUNDER SERVICES OR PRIZES WON THROUGH PARTICIPATION IN THE WATCH AND WIN CONTESTS, FROM INABILITY TO USE THE WEBSITE OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE THUNDER’S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS, INCLUDING THE EXCLUSION OF IMPLIED WARRANTIES, MAY NOT APPLY TO YOU. If You are dissatisfied with any portion of the Watch and Win contests, You should discontinue Your participation.
Disclaimer of Warranty and Liability Regarding Prizes
THE THUNDER MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRIZES, OR ANY RELATED SERVICES PERFORMED BY THE THUNDER OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY PRIZE WON, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT THE THUNDER SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE USE, IMPROPER HANDLING, MODIFICATION, OR MISUSE OF THE PRIZES BY YOU OR ANY OTHER PERSON FOLLOWING DELIVERY BY THE THUNDER. IN NO EVENT SHALL THE THUNDER BE LIABLE TO YOU OR ANY OTHER PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE, AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.
You agree to indemnify, defend, and hold the Thunder and its members, managers, shareholders, directors, officers, employees, agents, affiliates, licensors, and other partners (collectively, the “Indemnified Persons”) harmless from any loss, cost, expense, liability, claim, or demand, including reasonable attorneys' fees, suffered by any Indemnified Persons due to, arising out of, or in connection with (i) Your participation in the Watch and Win contests, (ii) any violation of these Terms & Conditions by You or any person acting in collusion with You, (iii) any violation of applicable law or court order by You, (iv) any negligence or willful misconduct by You, (v) the receipt or use of any prize won, and (vi) any printing, production, typographical, mechanical, technical or other error in these terms and conditions, administration of the Watch and Win contests or in the announcement of the prize.
A system outage has occurred if no entries can be created due to an unforeseeable disruption in a system. The Thunder is not responsible for any costs incurred by You due to a system outage. The Thunder reserves the right to revoke any points awarded or prizes won as a result of a system error, fraud, technical problems, or any other reasonable reason. With current technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet. The Thunder, therefore, provides no guarantee for the constant and uninterrupted availability of the website and other technical systems. The Thunder shall not be liable for any damage incurred by users or third parties from participating in the Watch and Win contests.
It is expressly acknowledged by Entrants that nothing herein grants Entrant a license or right to use any trademarks, service marks, trade names, logos, color combinations, insignias and other appropriate identifying marks and slogans related to and owned by the Thunder (collectively, the “Team Marks”). Entrant recognizes the significant value of goodwill associated with the Team Marks and acknowledges that the goodwill associated thereto belongs to the Thunder and that such Team Marks have secondary meaning in the minds of the public. Entrant shall not take any action that would have a materially adverse effect on the Team Marks or the rights of the Thunder in and to the Team Marks.
Any controversies or claims between the parties, including controversies or claims arising out of or relating to these Terms and Conditions, shall be fully and finally settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect or such other arbitration service as may be agreed by the parties (the “Arbitration Rules”), conducted by one arbitrator either mutually agreed upon by the Parties or chosen in accordance with the Arbitration Rules, except that the parties thereto shall have any right to discovery as would be permitted by the Federal Rules of Civil Procedure for a period of ninety (90) days following the commencement of such arbitration and the arbitrator thereof shall resolve any dispute which arises in connection with such discovery. Entrant agrees to submit any controversies or claims between the parties, including controversies or claims arising out of or relating to these terms and conditions, to binding arbitration in good faith on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding. The prevailing party shall be entitled to costs, expenses and reasonable attorneys’ fees, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any arbitration conducted pursuant to this provision shall take place in Oklahoma City, Oklahoma.
Applicable Law / Severability Clause
This Terms & Conditions Agreement and Your participation in the Watch and Win contests shall be governed by the laws of the United States of America and the State of Oklahoma. Without in any way limiting the “Dispute Resolution” requirements set forth above, any court proceeding related to the Watch and Win contests or these Terms & Conditions may be brought only in a federal or state court sitting in Oklahoma. You agree to accept the jurisdiction of such courts. If any provision of these Terms & Conditions is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of these Terms & Conditions shall remain in force and effect and such invalid, unenforceable, or void provisions will be deemed to be modified so as to effect the original intent of these Terms & Conditions as closely as possible.
Protection of Data: Collection, Processing, and Use of our Customers’ Personal Information
Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. These links are provided strictly for Your convenience and do not constitute an endorsement or approval of these websites. We assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We cannot take any responsibility for the content, protection, or privacy guidelines of third-party websites.
Except as provided otherwise in these Terms & Conditions, all notices, requests (including those for the name of the Winner), instructions, and other communications given to the Thunder by You must be given in writing by hand delivery in return for a receipt, sent certified or registered U.S. mail (return receipt requested), or sent by FedEx or a similar overnight courier service, addressed to Oklahoma City Thunder, c/o Watch and Win Challenge, 100 West Reno, Oklahoma City, OK 73102.