Essentia Shoot to Win Contest

Official Rules

Eligibility: Essentia Shoot to Win Contest (“Contest”) open to legal residents of the New York, 13 years or older. An eligible minor must have a parent’s or legal guardian’s permission to participate. Employees, officers, directors, representatives and agents of Nestlé USA, Inc. (“Sponsor”), Brooklyn Nets, LLC (“BKLYN”), Brooklyn Events Center, LLC (“BEC”),  the National Basketball Association and its member teams, (collectively, “NBA Entities”), or any of their respective parents, affiliates, subsidiaries, advertising and promotion agencies, or any other company or individual involved with the design, production execution or distribution of the Contest (collectively with Sponsor, the “Contest Entities”), as well as the immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children and their respective spouses, regardless of where they reside) and household members of each such individuals, whether or not related, are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest, including whether a participant successfully shoots the basketball through the basketball hoop. Void outside NY and where prohibited or restricted by law.

Contest Period:  The Contest dates and locations are as follows (“Contest Period”):

• 10/28/23 from 12 PM Eastern Time (“ET”) to 4:00 PM ET, at J.J. Byrne Playground Basketball Courts, 5th Ave, Brooklyn, NY 11215
• 10/29/23 from 12 PM Eastern Time (“ET”) to 4:00 PM ET, at McLaughlin Park Basketball Courts, 24 Cathedral Pl, Brooklyn, NY 11201

To Participate:  During a Contest Period, eligible individuals can participate in a basketball shoot out at the designated location above as follows:

All eligible individuals who wish to participate in the Contest must sign and return a Contest Release prior to participating. If an eligible minor, such Contest Release must be signed by a parent or legal guardian and such parent or legal guardian must be present at all times during their child’s or legal ward’s participation. Any prize won by an eligible minor will be awarded to their parent or legal guardian. If an eligible individual (or, if an eligible minor, their parent or legal guardian) fails or refuses to sign all required documents or a parent or legal guardian is not present (if an eligible minor), such individual will be permitted to participate. Participation limited and Sponsor doesn’t not guarantee that everyone who wishes to participate will have the opportunity to do so. Participants will be selected on a first come, first served basis, while prizes remain available.

• Round 1:  Participant will take one shot from[a designated spot] behind the 3-point line. If the participant makes a successful shot, they will win the Round One Prize (described below) and advance to Round 2.
• Round 2: Participant will take one shot from a designated spot at half court.  If participant makes a successful shot, they will win the Round One Prize (described below).

No practice or warm-up shots will be permitted.  All prize awards are subject to verification of eligibility and compliance with the terms of these Official Rules.

Participants (and, if eligible minors, their parents or legal guardians) understand that the Contest may be filmed, photographed and/or otherwise recorded by Sponsor (“Contest Footage”). Participants (and, if eligible minors, their parents or legal guardians) understand that Sponsor shall own all right, title and interest in the Contest Footage and that Sponsor, BKLYN, BEC, the NBA Entities, and all of their respective affiliates, designees, successors and assigns (collectively “Licensed Parties”) will have the unlimited right to use the Contest Footage (including, without limitation, participant’s name, city and state of residence, voice, performance and image), edited or altered as they see fit, and any material based thereon or derived therefrom, together with any other material, in any manner, and in any and all media whether now known or hereafter devised, anywhere in the world, in perpetuity, for any lawful purposes, including, without limitation, for purposes of advertising or trade without prior notice to, or approval or inspection by, participant. Licensed Parties are under no obligation to make use of the rights granted herein.

Prizes: Round One Prize Fifty Six (56) of a $25 Nets merchandise gift card (Approximate Retail Value (“ARV”): $25.00 each). Terms and conditions apply to use of gift card. Round Two Prize Fourteen (14) of Two (2) tickets to the Nets vs Magic home game on 12/2/23 (ARV: $60 per pair).  Total ARV for all prizes: $3,200.  Tickets will be awarded and sent to winner via email.  Please allow two (2) weeks for delivery. Limit one (1) prize per person for all Essentia Shoot Out Contests combined Travel to/from game is not included as part of prize.  If a winner cannot accept prize as specified, prize will be forfeited. If the game is delayed, postponed or cancelled for any reason, the terms of the tickets shall govern. Winners and guests must to abide by any terms, conditions and restrictions provided by the ticket. Winners and guests will be required to comply with all venue rules and regulations, including all COVID-19 protocols in effect at the venue at the time of the game. Failure to do so may result in forfeiture of the prize as determined by Sponsor. Winners and guests fully understand that (a) the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof, “COVID-19”) is extremely contagious and there is an inherent risk of exposure to COVID-19 in any place where people are or have been present; (b) no precautions, including the protocols that may be implemented from time to time based upon public health and government-sponsored guidelines (collectively, the “Protocols”), can eliminate the risk of exposure to COVID-19; (c) while people of all ages and health conditions have been adversely affected by COVID-19, certain people have been identified by public health authorities as having greater risk based on age and/or underlying medical conditions; and (d) exposure to COVID-19 can result in being subject to quarantine requirements, illness, disability, other short-term and long-term health effects, and/or death, regardless of age or health condition. No cash substitutions for prizes will be permitted and prizes are non-refundable and non-transferable, except at sole discretion of sponsor. Sponsor reserves the right to substitute prize of comparable or greater value, at its sole discretion. Winners are responsible for all federal, state and local taxes and all other costs and expenses associated with prize acceptance and use not specified herein as being awarded.  Prizes are awarded “as is” with no warranty or guarantee, either express or implied. All prize details are at Sponsor’s sole discretion. If there are fewer winners than prizes offered, not all prizes will be awarded.

Entry Conditions and Release: By entering, each participant (and, if an eligible minor, their parent or legal guardian) agrees to release and hold harmless the Contest Entities from and against any losses, damages, rights, claims or causes of action of any kind arising, in whole or in part, directly or indirectly, out of participation in the Contest (including any injury or harm resulting from participation in the Contest) or resulting directly or indirectly, from acceptance, possession, use, or misuse of any prize awarded in connection with the Contest, including without limitation personal injury, death, and/or property damage, as well as claims based on publicity rights, defamation, and/or invasion of privacy. Contest Entities are not responsible for errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the conducting of the Contest, the announcement of the prizes, or in any Contest-related materials. Sponsor reserves the right to cancel or modify the Contest if any factor impairs the integrity of the Contest, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the operation of the Contest or to be acting in violation of these Official Rules, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage or undermine the legitimate operation of the Contest is a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including, without limitation, attorney’s fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.  Under no circumstances will participant (and, if an eligible minor, their parent or legal guardian) be permitted to obtain awards for, and participant (and, if an eligible minor, their parent or legal guardian) hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses incurred, excluding attorneys’ fees and court costs. All causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action. (Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you.)

Privacy: Information provided by you for this Sweepstakes is subject to Sponsor’s privacy notice: http://privacy.nestleusa.com/ as applicable.

Winners List:  For a copy of the winners list, please send a self-address, stamped envelope to: Nestlé USA, Attn: Essentia Water Marketing, Shoot_To_Win Contest Brooklyn, 1812 N. Moore St, Arlington, Va 22209, for receipt by no later than 30 days after the end of the Contest. Be sure to include the date of the Contest for which you would like the winners list.

Sponsor: Nestlé USA, 1812 N Moore St, Arlington, VA 22209 © Nestlé.

The Contest is not sponsored, endorsed, or administered by the NBA Entities.