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2019 Celtics
• Feb 6, 2019

TD BANK "CELTICS UNEXPECTED PRIZE PACKAGE" Giveaway – OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
Sponsored by TD Bank, N.A. (“Sponsor”), 1701 Route 70 East, Cherry Hill, NJ 08034.
1. Eligibility. The TD Bank "Celtics Unexpected Prize Package” giveaway (the “Promotion”) is open only to natural persons who are legal residents of the U.S. who are (a) residents of Massachusetts, (b) residents of Rhode Island, New Hampshire, Vermont, and Maine who live within a one hundred fifty (150) mile radius of Boston,Massachusetts, and (c) residents of Connecticut who live within a seventy-five (75) mile radius of Boston, Massachusetts, and who are 18 years of age or older at time of entry (must be at least age of majority in state of residence at the time of entry). Employees, officers, and directors of Sponsor, its parent, the Boston Celtics, the National Basketball Association and its Member Teams, NBA Properties, Inc., and each of their respective affiliates, subsidiaries, advertising/promotion agencies, and partners, and the immediate family members (parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouse of an Employee) and/or those living in the same household (legally related or not) of each of the foregoing entities are not eligible to enter or win. By participating in the Promotion, each entrant unconditionally accepts and agrees to comply with and abide by these rules (the “Official Rules”)and the decisions ofSponsor,including the interpretation ofthese Official Rules,which will be final and binding in all respects.
2. How to Enter. The Promotion will be offered through Sponsor’s TD Bank Twitter page, beginning on or about 2:00 p.m. ET on Thursday, February 7, 2019 and ending at 7:00 p.m. ET on Thursday, February 7, 2019, or when Sponsor receives twenty (20) eligible entry responses, whichever is sooner (the “ Promotion Period” ). To enter, the entrant must log into his or her Twitter account and respond to the Celtics Unexpected Prize Package post by mentioning their favorite Celtics player. A valid Twitter account is required for entry into the Promotion. (To create a Twitter account, go to https://twitter.com/signup, fill out the form, and click, "Sign up." Twitter terms of service apply). Twitter is not a sponsor or administrator of this Promotion. Given the nature of this Promotion, the Promotion Period may be very brief. Limit one (1) entry per person. Sponsor reserves the right to disqualify inappropriate, off-color, defamatory, or harassing images or messages.
No other methods of entry will be accepted. All entries become the property of Sponsor and will not be returned. Entries are limited to individuals only; commercial enterprises and business entities are not eligible. Use of a false account will disqualify an entry. Sponsor is not responsible for entries not received due to inability to access the internet, web or mobile service outage, interruption or delays, hardware or software malfunctions, and other technological problems.
Entries are subject to any applicable restrictions or eligibility requirements listed in these Official Rules and any terms or restrictions in the social media platform used for entry. Entries will be deemed to have been made by the authorized account holder of the Twitter account submitted at the time of entry and qualification. Multiple participants are not permitted to share the same Twitter account. Should multiple users of the same Twitter account enter the Contest and a dispute thereafter arises regarding the identity of the entrant, the authorized account holder of said Twitter account at the time of entry will be considered the entrant. Proof of submission of an entry will not be deemed proof of receipt by the website administrator for online entries. When applicable, the Sponsor’s website administrator's computer will be deemed the official time keeping device for the Promotion. Entries will be disqualified if found to be incomplete and/or if Sponsor determines, in its sole discretion, that multiple entries were submitted by the same entrant in violation of the Official Rules.
3. Prize(s) and Values. Twenty (20) prizes will be awarded in this Promotion. Each selected and verified winner will receive Boston Celtics® branded items valued at approximately $130.00. Prize is non-transferable. No cash or prize substitution except at Sponsor’s sole discretion. Prize items determined at Sponsor’s sole discretion and may vary. Prize details not specified here will be determined in Sponsor’s sole and absolute discretion. Limit 1 prize per person/household. Prize awarded “AS IS” without warranty of any kind, express or implied. Any taxes on prize value are the responsibility ofwinners.
4. Winner Selection / Prize Claiming. The first twenty (20) Twitter posts received in response to the TD Bank Celtics Unexpected Prize Package post with an appropriate comment will be chosen as potential winners. Odds of winning depend on the number and timing of responsive posts. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules are ineligible and will be disqualified. Inappropriate, off-color, defamatory, or harassing messages, as determined by the Sponsor, will be disqualified. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Sponsor will have complete discretion over interpretation of the Official Rules, administration of the Promotion, and selection of winner. The potential winner(s) will be notified by a form of electronic message (tweet, post, direct message, etc.) in a reasonable time after the winners are selected. Entry in the Promotion constitutes an entrant’s consent to receive an electronic message from Sponsor relating to the Promotion. Notification is deemed to have occurred immediately upon placing the electronic message. Selected potential winner(s) will be required to respond (as directed) to the notification within forty-eight (48) hours of attempted notification. If the potential winner(s) do not respond or are unable to verify the information submitted with their entry, the entrantwill automatically be disqualified and their prize,if any, will be forfeited.Winners will be required to provide a full name and mailing address for prize delivery. Sponsor will direct message winner(s) through Twitter platform to obtain full name and mailing address, and prize will be mailed to the address winner provides to Sponsor. Prize claims are subjectto verification and compliance with these Official Rules as determined in Sponsor’s sole discretion. Prize winner(s) will be required to complete,sign,and submit an affidavitof eligibility/liability release and (where legal) a publicity release (“Documents”) and return to Sponsor within fourteen (14) days of receipt of notification or else forfeit prize. If any potential winner is found to be ineligible or declines a prize for any reason prior to award, such person will be disqualified. Winner may be required to provide Sponsor with a valid social security number or tax ID number before the prize(s) will be awarded for tax reporting purposes. Winners are solely responsible for all federal, state and local taxes and all fees and costs associated with the prize. Non-compliance with Official Rules shall result in disqualification and award ofthe prize to an alternate winner. Iflegitimately claimed,all prizes will be awarded.
5. Publicity Release; License. To the full extent permitted by law, winner irrevocably grants Sponsor the right, license and permission to use his or her name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Promotion or in connection with any other Sponsor products, services, advertising and promotional materials, worldwide, in perpetuity, with no obligation, prior notice or approval, or consideration in addition to awarding of the prize to winner. By submitting an entry, entrants also grant the Sponsor a perpetual, fully-paid, irrevocable, non-exclusive license to reproduce, prepare derivative works of, distribute, display, exhibit, transmit, broadcast, televise, digitize, perform and otherwise use and permit others to use anywhere, their entry submission materials in any manner, form, or format now known or hereinafter created, including on the internet and social media, and for any purpose, including,but not limited to, advertising or promotion ofthe Contest, the Sponsor and/or its products and services, withoutfurther consent from or compensation to the entrant.
6. Tampering with Promotion. Sponsor and its designated advertising and promotion agencies (the “Promotion Entities”) are not responsible for actions of entrants or other third parties in connection with the Promotion,including any entrants’ or third party’s attempts to circumventthe Official Rules or otherwise interfere with the administration,security,integrity or proper conductof the Promotion. Persons found tampering with or interfering with the proper conduct of the Promotion, or whom Sponsor believes to be causing any malfunction, error, disruption or damage will be disqualified. Any attempt to cheat the Promotion,as determined atthe sole and absolute discretion ofthe Sponsor will resultin entrant’s immediate disqualification,and other possible consequences, including legal action and disqualification from /all existing and future promotions. ANYONE ATTEMPTING TO DEFRAUD SPONSOR OR TAMPER WITH, DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION WILL BE DISQUALIFIED AND MAY BE SUBJECT TO LEGAL ACTION. SPONSOR RESERVES RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
7. Suspension / Modification / Termination. In the event Sponsor is prevented from continuing with the Promotion or awarding a prize by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war, interference with the Promotion by any party, or any federal, state or local law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control, then Sponsor has the right to modify, suspend, or terminate the Promotion or the award of any prize. Without limiting the foregoing, Sponsor reserves the right, in its sole and absolute discretion to modify, suspend or terminate the Promotion for any reason if Sponsor determines that the Promotion cannot be administered in a fair, proper, secure, and lawful manner. If due to an error, more prizes are claimed than are intended to be awarded for any prize level, the intended prizes will be awarded in a random drawing from among all verified and validated prize claims received for that prize level.In no event will more than the stated number of prizes be awarded.
8. Waiver / Disclaimers/ Release. In consideration of participation in the Promotion and a chance to win the prize, ENTRANTS HEREBY RELEASE, DISCHARGE AND HOLD HARMLESS THE SPONSOR, THE BOSTON CELTICS, THE NATIONAL BASKETBALL ASSOCIATION AND ITS MEMBER TEAMS, NBA PROPERTIES, INC., PROMOTION ENTITIES AND PRIZE SUPPLIERS, AND TWITTER AND EACH OF THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (“ RELEASED PARTIES” ) FROM AND AGAINST ALL CLAIMS, LIABILITY, COSTS, LOSSES, DAMAGES, INJURIES AND EXPENSES OF ANY KIND (INCLUDING ATTORNEY FEES AND LEGAL EXPENSES) ARISING OUT OF OR RELATED TO PARTICIPATION IN THE PROMOTION AND/OR RELATED TO THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE OR TRAVEL IN CONNECTION WITH A PRIZE AWARD. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THIS RELEASE, DISCHARGE AND HOLD HARMLESS AGREEMENT EXTENDS TO CLAIMS OF PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH RELATED TO OR ARISING FROM PARTICIPATION IN THE PROMOTION, AND CLAIMS OF VIOLATION OF PROPRIETARY RIGHTS OR RIGHTS OF PUBLICITY OR PRIVACY, WHETHER OR NOT CAUSED BY THE ALLEGED NEGLIGENCE OF ONE OR MORE OF THE RELEASED PARTIES. Sponsor is not responsible for any typographical, human or other error in the printing, offering, selection, operation, or announcement of any Promotion activity and/or prize. Exceptas prohibited by applicablelaw,each entrantirrevocably waives any rightto trial by jury in any litigation directly or indirectly arising outofor in connection with thisPromotion,any documentor agreement entered into in connection herewith, any prize available in connection herewith, and any of the transactions contemplated hereby or thereby. EACH ENTRANT FURTHER AGREES TO INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND LIABILITY RESULTING OR ARISING FROM THE ENTRANT’S ACTS OR OMISSIONS IN CONNECTION WITH THE PROMOTION, INCLUDING ANY VIOLATION OF LAW OR THESE OFFICIAL RULES, OR ANY MISCONDUCT IN CONNECTION WITH THE USE OF A PRIZE. Releases and indemnities hereunder are intended to be as broad as the law allows and apply to all claims not known or suspected to exist with the intent of waiving the effectoflaws requiring the intentto releasefuture unknown claims.
Entrants agree that the Released Parties shall have no responsibility or liability for discontinued prizes or delayed or canceled events; human error; incorrect or inaccurate transcription of registration and/or account information; late or misdelivered mail; any technical malfunctions of the internet or mobile network, computer malfunction; interruption or inability to access Sponsor’s or other
Promotion Entities’ websites; interruption or inability to access any third-party website or platform; any hardware or software compatibility problems; any damage to entrant’s (or any third person’s)
computer and/or its contents related to or resulting from participation in any part of the Promotion; any lost or delayed data transmissions, omissions, interruptions, viruses, bugs, or defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties.
9. Entry Information. As a condition ofentering, each entrantconsents to the collection,use,and sharing ofentrant’s personal information by andwith Promotion Entities for purposes of
administering the Promotion and to comply with applicable laws, regulations and rules. Any information provided to Sponsor may be used to communicate with entrant regarding the Promotion or included on a winner’s list. Sponsor reserves the right to use personal information collected in connection with this promotion in accordance with Sponsor’s privacy policy, located at:

https://www.tdbank.com/exc/pdf/privacy_shareinformation.pdf
https://www.td.com/us/en/personal-banking/privacy/


10. Governing Law/ Limitation of Liability. All issues concerning construction, validity,interpretation, and enforceability of theseOfficial Rules or the rights andobligations of entrants,Sponsor or Released Parties in connection with the Promotion will be governed by and construed in accordance with the laws of the state of New Jersey, without giving effect to any choice of law or conflict of law rules or provisions that would cause the applicationofany other state’s laws, and all disputes will be resolved in the courts of Jersey.If any provision of theOfficial Rules or the Documents is
found invalid or otherwise unenforceable or illegal, all other provisions will remain in effect and be construed in accordance with their terms. Sponsor’s failure to enforce any term of Official Rules will not constitute a waiver. Entrants agree to waive any rights to claim ambiguity of these Official Rules. In the event of discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and
absolute discretion. In the event there is a discrepancy or inconsistency between the English language version and any translated version of these Official Rules, unless otherwise provided by law, the English language version shall prevail and govern.
ENTRANT AGREES THAT TO THE FULLEST EXTENT PERMITTED BY LAW: (1) ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) NO ENTRANT WILL BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT 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 NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO MULTIPLIED OR ENHANCED DAMAGES; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE/EQUITABLE RELIEF. SOME JURISDICTIONSDO NOT ALLOW LIMITATION/EXCLUSION OF LIABILITY; SO THEABOVE MAY NOT APPLY TO YOU.
11. Social Media Promotion. Although the Promotion may be featured on Twitter and/or other social media platforms,the Promotion is in no way sponsored,endorsed,administered by,or associated with Twitter and/or such other social media platforms and you agree that Twitter and all other social media platforms are not liable in any way for any claims, damages, or losses associated with the Promotion.
12. List of Winner(s)/Official Rules Requests. For a winners list or a copy of these Official Rules, send SASE to: TD Bank Celtics Unexpected Prize Package Twitter Contest [Winners List] [Official Rules], Attn: Marketing, TD Bank, N.A., 12000 Horizon Way, Mount Laurel, NJ 08054, within 60 days of the Promotion Period. VT residents may omit return postage for Official Rules requests.
“Boston Celtics” is a registered trademark of Banner Seventeen, LLC. The Boston Celtics are not a sponsor or administrator of this Promotion. Sponsor: TD Bank, N.A., 1701 Route 70 East, Cherry Hill, NJ 08034
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