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* NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. 1. ELIGIBILITY: The Sweepstakes is open to individuals who are legal U.S. residents residing within a 75-mile radius of FTX Arena (601 Biscayne Blvd, Miami, FL 33132) (the “Arena”) and eighteen (18) years of age or older at the time of entry. Void where prohibited. Employees, officers, directors, contractors and agents of The Southern Region Advertising Council, Inc. (“Sponsor”), BMW of North America LLC (“BMW NA”), participating BMW dealerships, Genesco Sports Enterprises, Inc. (“Administrator”), their respective parent, subsidiary and affiliated companies, Web masters/suppliers, advertising and promotion agencies involved in the administration, development, fulfillment and execution of this Sweepstakes (collectively “Sponsor and Promotion Parties”), Miami Heat Limited Partnership (“MHLP”), Basketball Properties, Ltd. (“BPL”), each of their respective IRS dependents, immediate family members (spouse, parent, child, sibling and their respective spouses), and individuals residing in their same household are not eligible to participate or win. The Sweepstakes is subject to applicable federal, state, and local laws and regulations. Sponsor reserves the right, at any time, to verify eligibility requirements in any manner it deems appropriate. By participating, participants agree to these Official Rules, which are final and binding in all respects. 2. SWEEPSTAKES TIMING: The Sweepstakes begins on May 23, 2022 at 8:00:00 a.m. Eastern Time (“ET”) and ends on July 31, 2022 at 11:59:59 p.m. ET (“Sweepstakes Period”). The time clock of the computer administering this Sweepstakes is the official time-keeping device of the Sweepstakes. 3. TO ENTER: During the Sweepstakes Period, eligible individuals may enter the Sweepstakes by visiting mhsuitestakes.eventsbmw.com (“Website”)* and following the online instructions to register and submit an online entry. Limit one (1) entry per person/email address for the entire Sweepstakes Period. *The Website can also be accessed by scanning the code on a Sweepstakes advertisement at a participating BMW Center. A participant cannot participate solely by scanning the code. Participants must have a smart phone or other web-enabled device with a camera feature or code reader application and may incur data charges from their wireless service provider for each use of the code, depending on their service plan. Check with your wireless service provider for details on these and any other applicable charges. Participants are solely responsible for any such wireless or data charges associated with such use, including the downloading (if applicable) and use of the code reader. If you do not have a code reader on your phone or device, search for one in your mobile device’s application store to find available code readers for your phone or device. Code readers may not be available on all devices. Mobile entry is not required to submit an entry or win a prize in this Sweepstakes. Entry submission must be manually keystroked or entered by the individual participant. All participants must have a valid email address. Multiple participants may not share the same email address. A potential winner may be requested to provide Sponsor with proof that he or she is the authorized account holder of the email address associated with the winning entry and/or an eligible participant. In the event of a dispute over the identity of a participant, the entry will be declared made by the authorized account holder of the email address used during the submission process. The “authorized account holder” is the person who is assigned to the email address by the online service provider. A potential winner may be required to provide identification sufficient to show that he or she is the authorized account holder of such account. Automated and/or repetitive electronic submission of entries (including but not limited to entries made using any script, macro, bot or sweepstakes service) will be disqualified and transmissions from these or related email addresses/IP addresses may be blocked. Additionally, if it is discovered that a participant used multiple identities, email addresses, phone numbers and/or mailing addresses or manipulated such information, for the purpose of obtaining more than one (1) entry, he or she will be disqualified, and any prize won shall be forfeited. 4. RANDOM DRAWING: The potential winner will be selected in a random drawing to be held on or about August 2, 2022 from among all eligible entries received by the Administrator, whose decisions shall be final and binding in all matters relating to this Sweepstakes. Odds of winning depend on the number of eligible entries received. 5. PRIZE DETAILS: One (1) prize will be awarded, consisting of two (2) suite tickets for eight (8) Miami Heat home games scheduled to take place during the 2022-2023 NBA regular season. Limited food and beverages included in suite. Transportation, accommodations, parking, gratuities, and all other expenses not specified herein are solely the winner’s and their guest’s responsibility. (For avoidance of doubt, the winner will receive a total of sixteen (16) tickets (i.e., two (2) tickets for eight (8) games)). Selection of games is at Sponsor’s sole discretion and will be determined at a date later than the publication of these Official Rules. Approximate Retail Value (“ARV”) is $7,200.00. Prize conditions applicable to each Game: Each game is subject to availability, change, and cancellation. Tickets are only valid for the date shown on the ticket. If a winner cannot attend the game on the date specified, prize shall be forfeited, and Sponsor shall have no further obligation to such individual. Tickets are subject to terms and conditions as stated on tickets. Restrictions, conditions and limitations may apply. Seating assignments are in Sponsor’s sole discretion. Lost, stolen or damaged tickets will not be replaced or exchanged. Tickets are not for re-sale and cannot be sold after awarded. Winner agrees to comply with all applicable Arena regulations in connection with the prize. If a guest is a minor, the minor guest must be accompanied by their parent or legal guardian who must be the winner. Winner’s guests (or if a guest is a minor, their parent or legal guardian) may be required to sign and return a liability/publicity release before prize is awarded. Sponsor and Promotion Parties, MHLP and BPL reserve the right to remove or to deny entry to winner and/or guest who engages in a non- sportsmanlike or disruptive manner, or behaves with the intent to annoy, abuse, threaten or harass any other person at the game. Winner agrees that acceptance of the prize is done so entirely upon their own initiative, risk, and responsibility. Winner must accept prize as stated by Sponsor, or prize may be forfeited and awarded to an alternate winner. Any difference between stated value and actual value of the prize will not be awarded. Prize is non-transferable and no cash equivalent or substitution of prize is offered, except at the sole discretion of the Sponsor. Sponsor reserves the right to substitute a prize of equal or greater value at its sole discretion. Taxes, if any, on the prize are solely the responsibility of the winner. Winner will be required to provide a valid social security number and will receive an IRS 1099 tax form for the ARV of the prize. 6. WINNER NOTIFICATION: The potential winner will be notified by phone and/or email, and unless collected at the time of registration, the potential winner will be required to follow instructions within the notification to provide Administrator with their full contact information (including full name, email address, complete mailing address, phone number and date of birth) and/or accept the prize within twenty-four (24) hours of notification or prize may be forfeited and awarded to an alternate winner. The potential winner will also be required to complete, sign and return an IRS Form W-9 (including social security number) and an Affidavit of Eligibility/Liability Release with (where lawful) a publicity release (“Affidavit”) within twenty-four (24) hours of notification as stated on the Affidavit. If (a) an attempted prize notification or prize is returned as undeliverable, (b) the potential winner does not respond to the prize-claim instructions as stated within the notification, (c) any required documents are not returned within the required number of days, (d) the potential winner cannot be verified, or (e) the potential winner is otherwise unable to accept the prize as stated, the prize may be forfeited and awarded to an alternate winner, in Sponsor’s sole discretion. Sponsor, MHLP, BPL, and each of their respective agencies are not responsible for suspended or discontinued landline, wireless or online service which may result in the potential winner not receiving the prize notification; nor is Sponsor MHLP, and BPL responsible for any change in participant's email address, phone number or mailing address. 7. GENERAL CONDITIONS: As a condition of entering, each participant agrees (and agrees to confirm in writing) that the Sponsor and Promotion Parties, MHLP, BPL, FTX Arena, Miami-Dade County, City of Miami, the National Basketball Association and each of its member teams, NBA Properties, Inc., NBA Media Ventures, LLC and each of their respective parent companies, subsidiaries, affiliates, their respective directors, officers, owners, governors, employees, agents, and representatives (collectively “Released Parties”) are released, will have no liability whatsoever for, and shall be held harmless by participants against any liability for any injuries, losses or damages of any kind to person(s), including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of the prize, including travel thereto or participation in this Sweepstakes or any Sweepstakes-related activities. Except where legally prohibited, winner grants (and agrees to confirm such grant in writing) permission to Sponsor and those acting under its authority the right to the use of his or her name, picture, likeness, voice, and biographical information and statements, at any time or times, for advertising, trade, publicity, and promotional purposes without additional compensation, in all media now known or hereafter discovered, worldwide and on the Internet, without notice, review or approval. The names of individuals, companies, products, trademarks and/or logos are used for identification purposes only and are the intellectual property of their respective owners. 8. LIMITATIONS OF LIABILITY: None of the Released Parties are responsible for lost, illegible, late, misdirected, incomplete, mutilated, or non-delivered entries or emails; or for interrupted or unavailable satellite, network, server, Internet Service Provider, telephone or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical failure or jumbled, garbled, corrupted, scrambled, delayed or misdirected transmissions, or computer hardware or software or telephone malfunctions, failures, or technical errors or difficulties, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of entry, or other information, or the failure to capture, or loss of, any such information. None of the Released Parties are responsible for any incorrect or inaccurate information, caused by any equipment or programming associated with or utilized in this Sweepstakes; or assume any responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of the Website or any equipment used for Sweepstakes. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or operation of the Sweepstakes, to be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person. Use of Website is at user’s own risk. Released Parties are not responsible for injury to participant resulting from participating in this Sweepstakes. If, for any reason, the Sweepstakes, in the sole opinion of Sponsor, is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures or any other causes which, in sole opinion of the Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend Sweepstakes, and randomly award the prize from among eligible non-suspect entries received prior to action taken, or as otherwise deemed fair and equitable by Sponsor. Additionally, the Released Parties are not liable in the event any portion of the Sweepstakes (including the prize) is compromised, modified, or canceled due to pandemics or epidemics, outbreaks of infectious disease or any other public health crisis including quarantine measures of any government authority or other restrictions, weather, fire, strike, acts of war or terrorism, government restriction, or any other condition beyond their control (a “Force Majeure Event”). 9. PRIVACY POLICY: Please see the privacy policy located at https://www.bmwusa.com/privacy-policy/index.html for details of the policy regarding the use of personal information collected in connection with this Sweepstakes. Additionally, any communication between participant and Sponsor or its agencies regarding this Sweepstakes (e.g., phone calls, text messages, chats, emails, etc.) may be recorded for quality assurance and training purposes. Winner’s name may be included in a publicly available winner’s list. 10. BINDING ARBITRATION: Any controversy or claim arising out of or relating to this Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply South Carolina law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than those claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE PARTICIPANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN SPONSOR’S SWEEPSTAKES, EACH PARTICIPANT AND PRIZE WINNER AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRDPARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT OR PRIZE RECIPIENT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT AND PRIZE WINNER'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY PARTICIPANT. 11. GOVERNING LAW/JURISDICTION: By entering, participants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of South Carolina, USA, without giving effect to any choice of law or conflict of law rules, and any matters or proceedings which are not subject to arbitration as set forth in these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of South Carolina, in Greenville, South Carolina. By entering, participants consent to the jurisdiction and venue of the federal, state, and local courts located in Greenville County, South Carolina, USA. 12. WINNER’S LIST: For the name of the winner, send a self-addressed, stamped envelope to: The BMW Miami Heat Mashup Tour Suite Sweepstakes Winner’s List, PO Box 130, c/o GSE, Dept. 22-8116-26, Glencoe, MN 55336-0130, for receipt by August 31, 2022. 13. SPONSOR: The Southern Region Advertising Council, Inc., 1155 Hwy 101 South, Greer, SC 29651.
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