January 2, 2019 #HEATCheckIn Swag-Away Official Rules


1. Eligibility. The #HEATCheckIn Swag-Away (the “Sweepstakes”) begins at approximately 7:00 p.m. EST on January 2, 2019 and ends at approximately 8:00 p.m. EST on January 2, 2019 (the “Entry Period”). Eligible entrants must be a lawful resident of the United States and be at least sixteen (16) years of age at the time of entry. Employees of, and the immediate family members of employees of the Released Parties (as defined in Section 4), their affiliates and subsidiaries, are ineligible. This Sweepstakes is subject to federal, state and local regulations.

2. How to Enter. Follow the official Twitch channel of HEAT Check Gaming (twitch.tv/HEATCheckGaming) if you have not already done so. Then, after the #HEATCheckIn stream begins at 7:00 p.m. EST, type !Giveaway in the stream chat. Once you type !Giveaway in the stream chat, you will be automatically entered to win. To be eligible, your comment must not infringe on the privacy or intellectual property rights of any third party, or be obscene or offensive in any way, as determined by Sponsor in its sole discretion. Each entry will be deemed to have been submitted by the natural person assigned to the Twitch account associated with the entry. No software-generated, robotic, programmed, script, macro or other automated online or text message entries are permitted. Sponsor discourages the creation of multiple accounts. Limit one (1) entry per person. No other method of entry is acceptable. By participating in the Sweepstakes, participant agrees to be bound by all the Official Rules of the Sweepstakes.

3. Drawing and Prize. After the conclusion of the Entry Period on January 2, 2019 two (2) winning entries will be randomly selected by Sponsor from among all eligible entries. Each winner will receive one (1) HEAT Check Gaming New Era Snapback cap. The approximate retail value (“ARV”) of each prize is $32.00. The actual value may vary and Sponsor is not responsible for any difference between the actual value and ARV. The specific New Era Snapback will be determined by Sponsor in its sole discretion. Eligibility will be determined in accordance with these rules by the Sponsor, whose decisions are final in all matters relating to the Sweepstakes. Odds of winning the prize depend on the number of participating eligible entrants. Winner will be contacted by Direct Message via Twitch. Winner must respond to such message within fifteen (15) minutes or else he or she will forfeit the prize. In the event of non-responsiveness as described in the preceding sentence, or noncompliance within any of these rules, the prize will be forfeited in connection with the relevant entrant. The potential winner may be required to complete, sign, and return an affidavit of eligibility, and/or a liability and publicity release, within twenty-four (24) hours of prize notification. In the event that no eligible entries are submitted, the Sponsor will not give away the prize. In the event of prize winner non-responsiveness, forfeiture, or other disqualification, the Sponsor will only select an alternate winner one (1) time. The Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize or any portion thereof should become unavailable for any reason.

4. Limitation of Liability. Heat Check Gaming, LLC, Miami Heat Limited Partnership, the Miami HEAT, the AmericanAirlines Arena, Basketball Properties, Ltd., Miami-Dade County, City of Miami, the National Basketball Association and its Member Teams, NBA Properties, Inc., NBA Media Ventures, LLC, Court Culture, LLC, and each of their respective parent companies, subsidiaries, affiliates, advertising/promotion agencies and each of their directors, officers, employees and agents (collectively the “Released Parties”) are not responsible for lost, late or misdirected mail, miscommunications, entries, failed telephone, satellite or cable hardware or software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network. Entries become the property of Sponsor and will not be returned or acknowledged. Entrants who tamper with or abuse any aspect of this Sweepstakes, or act in violation of the Official Rules, or act in any manner to threaten or abuse or harass any person in relation to this Sweepstakes, as determined by the Sponsor in its sole discretion, will be disqualified. Any attempt by a person to deliberately damage or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws and the Sponsor reserves the right to seek damages from any such person to the fullest extent of the law. Released Parties are not responsible for injury or damage to participants’ or any other persons’ property related to or resulting from participating in this Sweepstakes. The Sponsor will resolve all disputes in its sole discretion. By participating in the Sweepstakes, each participant agrees to release, hold harmless and indemnify the Released Parties from and against any and all liability, losses, damages, rights, claims and causes of action (however named or described) of any kind resulting from or arising out of the participation in the Sweepstakes and/or the acceptance, possession, receipt or use of any prize, including without limitation, personal injuries, death and property damage.

No responsibility is assumed by any of the Released Parties hereunder for any error, including typographical and/or technological error, omission, interruption, deletion, defect, delay in operation, theft or destruction or unauthorized

access to, or alteration of electronic data; or any other problems in connection with the Sweepstakes, including, but not limited to, technical malfunctions in the posting of the rules on-line or the functionality of any website or web or other digital service. Any trade names, trademarks or service marks shown as part of the materials associated with the Sweepstakes are the property of their respective owners. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.

The Sponsor is not responsible if the Sweepstakes cannot take place as planned, in whole or in part, or if the prize cannot be awarded, due to acts of God, war, natural disasters, weather, acts or threats of terrorism, strikes, lockouts, other labor disputes, fire, acts of government, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or other events outside of the reasonable control of the Sponsor (each a “Force Majeure Event”). If the Sweepstakes cannot take place as planned, in whole or in part, or if the prize cannot be awarded due to a Force Majeure Event, or if a Force Majeure Event corrupts or affects the administration, security, fairness, or integrity of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes, the prize(s), or any portion thereof. Sponsor reserves the right to modify and amend these Official Rules from time to time for clarification purposes.

5. Publicity. Entry into the Sweepstakes and/or acceptance of a prize constitutes permission to use winners’ name, voice, biographical information and/or likeness for purposes of advertising and promotion and/or publicity purposes in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed) without further compensation and/or authorization as permitted by law by the Released Parties and/or each of their respective parent companies, subsidiaries, affiliates and advertising/promotion agencies (collectively the “Publicity Parties”).

6. Personal Information. By entering the Sweepstakes and voluntarily providing your personal information as described in these Official Rules, you agree to the collection and use of your personal information by the Publicity Parties for the purpose of administering the Sweepstakes, including, without limitation, contacting you with respect to the Sweepstakes, disclosing the list of the winner(s), and verifying your identity, eligibility, e-mail address, postal address, and/or telephone number. You further agree that your personal information may be used to send materials related to future promotions, events, and the marketing of goods and services of the Publicity Parties, but will not otherwise be disclosed to third parties, except as disclosed in the privacy policy available at www.nba.com/news/privacy_policy.html, unless otherwise required by law. If you do not want us to use your personally identifiable information in this manner, please do not provide us with this information and do not enter the Sweepstakes.

7. Governing Law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any participant and/or entrant, will be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules or provisions (whether of Florida, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than Florida.

8. Disputes. This Sweepstakes is governed by the laws of the United States and the State of Florida, without respect to the conflict of law doctrines. As a condition of participating in this Sweepstakes and/or accepting an awarded prize, each entrant agrees that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Sweepstakes will be resolved individually, without resort to any form of class action, exclusively before a court located in Miami Dade County, Florida, having jurisdiction. Further, in any such dispute, under no circumstances will any entrant be permitted to obtain an award for, and hereby waives all rights to claim, punitive, incidental, and/or consequential damages, including reasonable attorneys’ fees, and entrant further waives all rights to have damages multiplied or increased.

9. Sponsor. Heat Check Gaming, LLC, 601 Biscayne Boulevard, Miami, Florida 33132.

10. Winners List. For the names of the winners, send a self-addressed, stamped envelope to be received by February 15, 2019 to: Miami HEAT, ATTN: Social Media, “January 2, 2019 #HEATCheckIn Swag-Away Official Rules” 601 Biscayne Boulevard, Miami, Florida 33132.