Start Date: February 1, 2022
End Date: February 25, 2022
These Frequently Asked Questions (“FAQs”) and Terms and Conditions (the “Terms”) apply to you and govern your participation in the Promotion. You should read these FAQs and Terms carefully before participating.
“We” or “us” means International Media Content Limited, a company registered under the laws of St. Lucia with registered offices at PO Box BW400, Baywalk Mall, Rodney Bay Castries, St. Lucia. References to “we”, “our”, “us” and “Digicel” in these Terms also include our subsidiaries and affiliates (“Affiliates”) from time to time.
“I” or “you” means the subscriber of the SportsMax mobile application (the “App”) participating in the Promotion (and “my” and “your” shall have the same meaning).
By participating in the Promotion, you agree to be bound by these Terms.
If you do not agree to or accept any of these Terms, or if you are under the age of eighteen (18) you should not participate in the Promotion.
1. What is the “The NBA Experience” Promotion?
We are offering our SportsMax subscribers the opportunity to participate in “The NBA Experience” Promotion. Participants will compete to win a trip to see two NBA games, live and in-person in Phoenix, Arizona during the period of March 9, 2022 to March 14, 2022. Participants should watch the NBA TV and NBA League Pass channels (the “Channels”) in the App during the Promotional Period for a chance to win. The top two participants with the highest time spent watching the Channels in the App across all Participating Markets will be selected as the winners, subject to these Terms.
2. When does the Promotion start and end?
The Promotion is valid from February 1, 2022 to February 25, 2022 (the “Promotional Period”).
3. How do I Participate in the Promotion?
Follow these steps to participate in the Promotion:
Step 1: Ensure that you have the SportsMax App installed and have an active subscription. The App can be downloaded in the Google Play Store on Android devices and in the App Store for Apple devices.
Step 2: Watch the Channels in the App for a chance to win prizes (channel selection across markets will vary):
· NBA TV
· NBA League Pass channels 1-8
Step 3: Spend a record time watching the Channels mentioned in Step 2 to secure your spot for a chance to win.
4. Who can participate in this Promotion?
You may participate in the Promotion if you are an active SportsMax subscriber residing in any of the following countries during the Promotional Period (“Participating Markets”):
British Virgin Islands
The following persons may not participate in the Promotion:
a. Winners from the SportsMax “NBA All Access 2022 Sweepstakes” Promotion;
b. Postpaid corporate & business account customers;
c. Any person who, at any time on or after August 1st, 2021, was or is a director, officer, employee, or agent of any Digicel market or any of their respective parents, subsidiaries, divisions, or affiliated companies, franchisees or service agencies, independent contractors or suppliers of services to any Digicel market;[JH2]
d. Families of our employees;
e. Employees and families of employees of any company associated with this Promotion;
f. Digicel Postpaid customers with overdue amounts;
g. Persons under the age of eighteen (18); and
h. Any person who does not reside in one of the Participating Markets.
5. What kind of prizes can I win and when?
TWO winners will be selected. EACH winner will win the Prize: an all-expense paid trip to two NBA games in Phoenix, Arizona during the period March 9-14, 2022. The Prize includes:
a. Access to pre-game shoot around and/or practice;
b. VIP Back of House Tour at the Footprint Center;
d. Transportation to and from the airport;
e. Air travel to and from the USA;
f. Transportation to and from the NBA Games; and
g. A daily per diem.
6. How and when will the winner be selected and announced?
The top two persons who spend the most time watching the Channels in the App at the end of the Promotional Period will win the prize. The winners will be announced on [February 28th] on our social media platforms and/or via SMS text message as well as released to the NBA team.
If there is a tie regarding the exact time for participants of the competition, Digicel shall perform an equal-chance tiebreaker at its discretion.
7. What do I need to know if I win?
a. If you win, Digicel will contact you by telephone.
b. A maximum of three (3) attempts will be made to call you within a period of twenty-four (24) hours.
c. Where there is no tie, if you do not answer any of our calls, the participant with the second highest time spent in the App will be selected as the first-place winner.
d. Where there is a tie, if you do not answer any of our calls, the other participant with the highest time spent in the App will become the first-place winner. If both winners in the tie do not answer, the participant who watched the second most content in the App will be awarded the first-place prize if they answer our call.
e. The above process will be followed until the two top winners are identified.
f. During the telephone call, our Digicel representative will advise you where and how to redeem your prize.
g. You will be required to provide government-issued identification.
h. You agree that if you are a winner, you will permit photographs of you to be taken and for your image, likeness and name (your “Likeness”) to be used for public relations and marketing purposes free of cost, including the publishing of your Likeness on social media, mainstream media, the App and other platforms that we may choose. If you refuse to do so, you acknowledge that this will result in forfeiture of your right to claim the prize.
i. You must meet the requirements for travel to the United States of America, which means: valid and up to date documentation for the purpose of travel to the USA, full vaccination against COVID-19, negative PCR test, and any other requirements which may become necessary at the time of travel to be granted entry to all NBA activities and without any criminal record. This also includes any possible further requirements which may become necessary at the time of travel.
Additional Terms and Conditions
A. This Promotion is offered for your personal use and not for commercial use and you agree not to sell any prizes redeemed through this Promotion.
B. Winners will be required to participate in any planned publicity in connection with this Promotion. By accepting the prize, the winners consent to the use of their name, likenesses, images and/or photographs for any and all programming and/or publicity or advertising purposes, commercial or otherwise, in all media and formats used by Digicel, NBA or their agencies, without further compensation, throughout the entire world in perpetuity. If the winners refuse to do so, they forfeit their right to claim the prize.
C. Digicel will not be responsible for additional luggage costs or other costs associated with the winners’ trip.
D. Winners are responsible for arriving at the airport, as advised by Digicel, on time and according to the airline regulations to take the flight or ground transportation on time. If a winner misses the flight or ground transportation due to their own fault, the winner will be responsible for any additional costs incurred for alternate flight and/or ground transportation arrangements.
E. Digicel will not be responsible for the experience while at the NBA Games.
F. Upon accepting a prize, you will be responsible for reading and accepting any terms and conditions that may be associated with that prize.
G. You are required to use a compatible smartphone to run the App and participate in the Promotion. A compatible smartphone is an Android (OS 5.0 or higher) or Apple (iOS 11 or higher) smartphone.
H. We reserve the right to disqualify you or terminate this offer if, in our sole opinion, the Promotion is being abused, such abuse to include but not be limited to selling or attempts to sell the prizes, whether on a commercial basis or otherwise, general abuse deemed as an attempt to undermine the integrity of our services.
I. We reserve the right to modify, extend or discontinue (permanently or temporarily), this Promotion being offered to you, at our discretion.
J. You are solely responsible for all associated fees and costs incurred by you for claiming and collection of prizes and for connectivity and data usage in relation to your use of the App.
K. If a prize is unavailable, we may, at our discretion, substitute the prize with an alternative prize of equal value and/or specification.
L. We reserve the right to award any forfeited prize to the next qualifying participant in order of most content viewed in the App.
M. Prizes are not exchangeable and are not redeemable for cash.
N. We reserve the right to, at any time, with or without notice, vary or cancel the terms and conditions of this Promotion. In the event of us giving notice to you of any such changes to or cancellation of the Promotion, it shall suffice for us to give you notice via messages to your handset/device or to post such notification on the Digicel website or the App. Any such notification shall be effective immediately or as of the date referred to in such notifications.
P. Except in the event of its negligence, neither Digicel, nor any other person or party associated with the Promotion, their associated companies, agents, contractors and sponsors or any of its personnel involved in the Promotion, shall be liable whatsoever for any loss or damage incurred or suffered, death or personal injury suffered or sustained, or costs incurred, arising from either participation in the Promotion or from claiming or collecting any prize.
Q. For customer support, or to report a problem or send us your feedback, please visit the “Support” or “Help” option on the App.