2023 Wisconsin Herd Jersey Design Art Challenge presented by BMO Contest Official Rules
(1) No purchase necessary to enter or win. A purchase will not increase your chances of winning. Void where prohibited by law.
(2) Eligibility: The 2023 Wisconsin Herd Jersey Design Art Challenge presented by BMO (the “Contest”) is open to legal residents of the State of Wisconsin who are, at the time of entry: (a) eighteen (18) years of age or older; (b) the parent or legal guardian of a child who is younger than eighteen (18) years of age, the child of whom draws a Submission (defined below) on behalf of his/her parent or legal guardian (“Youth”); and (c) the parent or legal guardian of a Youth who attends one of the schools participating in this Contest (each, a “Participating School”). Employees, directors, owners or agents of Future Bucks LLC (“FBL”) (owner and operator of the National Basketball Association G League (“NBAGL”) franchise known as the Wisconsin Herd (the “Herd”), the NBAGL and its Member Teams, NBA Properties, Inc. (collectively the “NBAGL Entities”), BMO Harris Bank, N.A. (“BMO”), and each of their respective parents, subsidiaries, affiliates (including Milwaukee Bucks, LLC, owner and operator of the Milwaukee Bucks, a National Basketball Association (“NBA”) franchise), directors, owners, employees, agents, marketing agencies, and their immediate families (spouse, parent, child, sibling, and their respective spouses, regardless of where they reside) (all together, the “Released Parties”), are not eligible to enter or win. The Contest is subject to all applicable federal, state and local laws, rules and regulations.
(3) How to Enter: During the Contest Term (defined below), an eligible entrant may pick up a BMO saucer from a Participating School and draw (by hand) what the Herd means to you on the saucer (“Submission”). Go to https://bucks.formstack.com/forms/wisconsin_herd_art_contest and click on the Contest banners, buttons, and/or links to access the entry form for the Contest and fill in the required information on the entry form as well as upload a photo of the Submission. By successfully transmitting a completed entry form during the Contest Term (defined below), as directed, you will automatically receive one (1) entry in the Contest. Entrants must fully complete and submit all non-optional data requested on the online entry form to be eligible. After you have entered the Contest, please return the original Submission to the Participating School. No commercial logos should appear in the Submission.
All returned saucers become the property of FBL, will not be returned and will be treated in a manner consistent with a Submission, whether or not such saucer was actually used as part of a Submission. Incomplete and/or inaccurate entries are void. Late entries will not be eligible for the Contest. FBL is not responsible for lost, late, illegible, corrupted or misdirected entries. Limited to one (1) entry per entrant. Any individual who attempts to enter the Contest in excess of the disclosed maximum, by any means, including, but not limited to, using multiple addresses, may be disqualified from participation in this Contest as determined by FBL in its sole discretion. No other methods of entry will be accepted. All information submitted by entrants is subject to, and will be treated in a manner consistent with the NBA’s Terms & Conditions accessible at: https://www.nba.com/news/termsofuse and Privacy Policy accessible at: https://www.nba.com/news/privacy_policy.html#California_Privacy_Rights.
(4) Contest Terms of Submission: By submitting one (1) Submission, each entrant:
A. Warrants and represents that the entrant owns all rights to the Submission it is entering in this Contest, including, without limitation, any photographs, drawings and/or videos;
B. Warrants and represents that the entrant has obtained permission from each person, if any, who appears in the Submission to grant the rights to the Released Parties (defined below) described in these rules, and can make written copies of such permissions available to the Released Parties upon request;
C. Warrants and represents that the Submission: (i) is original to the entrant and has been legally obtained and created, (ii) does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, or violate applicable laws, regulations, or network standards; (iii) has not been entered in or won previous contests or awards; and (iv) has not been published previously in any medium;
D. Irrevocably grants to the Released Parties, the unconditional and perpetual right and permission to copyright (as appropriate), reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (including, without limitation, as to when or to the number of times used), the entrant’s name, address, image, voice, likeness, statements, biographical material and Submission, including, but not limited to, the photographic, video or digital recording and performances contained in any of the above items (in each case, as submitted or as edited/modified in any way by the Released Parties, in the Released Parties' sole discretion) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from the entrant or any other party;
E. Acknowledges and agrees that, if entrant’s Submission is chosen as the winner, the entrant (and others who appear in Submission) will, if required, execute an Affidavit of Eligibility and Liability Release, in which the winning entrant will irrevocably assign and transfer to FBL any and all rights, title and interest in the Submission, including, without limitation, all copyrights, and waive all moral rights in that Submission;
F. Forever waives any rights of privacy, intellectual property rights, and any other legal or moral rights that may preclude the Released Parties' use of the entrant's Submission or require the entrant's permission for the Released Parties to use them for any purpose, and agrees to never sue or assert any claim against the Released Parties' use of those materials;
G. Agrees to sign, and will cause any other persons or entities involved in the creation or authorship of the Submission to sign, any documentation that may be required for any of the Released Parties or their designees to record and perfect their rights in the Submission and make full and unrestricted use of the Submission as set forth herein; and
H. Agrees to defend, indemnify and hold the Released Parties harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Released Parties due to or arising out of the entrant's Submission in this Contest, or the entrant's conduct or participation during and in connection with this Contest, including, but not limited to, trademark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation.
Submissions cannot defame or invade the rights or privacy of any person, living or deceased, or otherwise infringe upon any third party’s personal, proprietary or intellectual rights. Submissions cannot contain illegal or unlawful material, and must not promote bigotry, racism, harm or discrimination. Submissions must be consistent with FBL’s reputation in the marketplace and must be suitable for audiences of all ages. Submissions which, in FBL’s sole discretion, contain any type of vulgarity or objectionable content will be disqualified. Submissions that do not meet these stated criteria, or entries that, in FBL’s sole discretion, may technically meet the stated criteria but do not reflect the intent and the spirit of the Contest, will be disqualified.
(5) Contest Term: The Contest will commence on September 18, 2023 at 12:00pm Central Time and will end on October 20, 2023 at 11:59pm Central Time (the “Contest Term”).
(6) Prizewinner(s) Selection: On or about October 27, 2023 (“Drawing Date”) five (5) potential prizewinners will be chosen by FBL employees selected by FBL based on the following criteria: 25% execution, 50% creativity, and 25% originality of drawing, as determined by FBL in its sole discretion. In the event of a tie, the higher score for execution will be used as the tiebreaker. Within seven (7) days after the Drawing Date (“Prize Notification”), the potential prizewinners will have forty-eight (48) hours from the time of issuance of Prize Notification to respond to the Prize Notification (the “Required Response Time”). In the event that any potential prizewinner does not respond to the Prize Notification within the Required Response Time, declines a Prize (defined below) or any portion thereof for any reason, or the Prize Notification is labeled as undeliverable, a disqualification will result, a Prize will be forfeited and, at FBL’s sole discretion and time permitting, an alternate potential prizewinner may be randomly selected from among all remaining eligible entries received during the Contest Term.
The potential prizewinner(s) may be required to complete an Affidavit of Eligibility and Liability/Publicity Release and return same, properly executed, within seven (7) days of issuance of the Prize. Failure to return a signed Affidavit of Eligibility and Liability/Publicity Release within seven (7) days may result in forfeiture of the Prize. Subject to verification of eligibility and compliance with the terms of these Official Rules, the potential winner will be declared the official winner of the Contest (each, a “Winner”; collectively, the “Winners”). The decisions of FBL are final and binding on all matters relating to the Contest.
(7) Contest Prize and Approximate Retail Value (“ARV”): Five (5) Winners will each receive the following: (a) one (1) Fifty Dollar ($50.00) Herd Pro Shop gift card located at Oshkosh Arena in Oshkosh, Wisconsin only; (b) one (1) Wisconsin Herd and Milwaukee Bucks prize pack, with exact items to be selected by FBL in its sole discretion (which may vary pack-to-pack); (c) one (1) autographed photo; (d) four (4) tickets for the Winner and up to three (3) guests for one (1) Wisconsin Herd home game at Oshkosh Arena as determined by FBL; and (e) one (1) pizza party with Pointer, the Herd’s official mascot, for the Winner’s classroom (each, a “Prize”; collectively, the “Prizes”). The ARV of each Prize is $745.00; the ARV of the Prizes if all are awarded is $3,725.00. The Prizes are non-transferable and non-assignable to any other person including relatives or friends. Any attempt to transfer, assign or sell a Prize without the express written consent of FBL may result in a forfeiture of such Prize at FBL’s sole discretion. The exact items included as part of each Prize including, but not limited to, the color(s), design(s), edition(s), gender(s) and size(s), shall be determined by FBL and/or BMO, as applicable, in its/their sole discretion. TRANSPORTATION TO/FROM THE GAME AND LODGING NOT INCLUDED. Each Winner’s guest(s) must be of legal age of majority in his/her jurisdiction of residence (and at least eighteen (18) years of age), unless accompanied by a parent or legal guardian.
All applicable U.S., federal, state, and local taxes, duties, or other taxes or fees are the sole responsibility of each Winner, who may be issued a 1099 IRS tax form for the ARV of such Winner’s Prize. The Prizes consist only of those items specifically listed as part of the Prizes. The Prizes are not redeemable for cash. No cash alternative or Prize substitutions will be allowed except as determined by FBL, in its sole discretion. Game ticket locations awarded as part of the Prizes are subject to availability and determined by FBL in its sole discretion. Times, dates, and locations herein, including of Herd games, are subject to change and cancellation outside of FBL’s control or in FBL’s sole discretion. If Herd games are canceled, suspended, not completed, or not played for any reason, FBL has no further obligation to the Winner to replace or substitute games.
(8) Release: By entering the Contest, each entrant agrees to accept and abide by these Official Contest Rules and agrees that any dispute with regard to the conduct of this Contest, rule interpretation or award of the Prize shall be submitted to FBL, whose decision shall be binding and final. By participating, entrant agrees to release and hold harmless the Released Parties, X Corp (“X” f/k/a Twitter), Facebook, Inc. ("Facebook"), Instagram, Inc. ("Instagram"), Apple, Inc. and each of their respective parents, affiliated companies, subsidiaries, officers, directors, employees, agents, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies from any injury, loss, or damage to any person, including death, or property due in-whole or in-part, directly or indirectly, to the acceptance or use/misuse of a Prize (or any portion thereof), participation in any Contest-related activity, including travel related to the receipt or use of any Prize (or any portion thereof), or participation in the Contest.
FBL is not responsible for any typographical or other error in the printing of this offer, administration of the Contest or in the announcement of the Prize, including erroneous appearance of qualification for a Prize, and under no circumstances will more than the stated number of Prizes be awarded. If for any reason FBL is prevented from continuing with this Contest, or the integrity and/or feasibility of the Contest is severely undermined by any event including, but not limited to, fire, flood, epidemic, pandemic, quarantine, earthquake, explosion, labor dispute or strike (including, but not limited to, by NBAGL players, owners or referees), act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order or regulation, order of any court or jurisdiction, then FBL shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Contest without further obligation. If FBL, in its sole discretion, elects to so abbreviate the Contest, FBL reserves the right, but not the obligation, to award the Prize from among all eligible entries received to date. All entries are the property of FBL and are not returnable.
The use of any automated devices in connection with this Contest is prohibited. FBL assumes no responsibility for computer system, hardware, software or program malfunctions or other errors, failures, delayed computer transactions or network connections, whether human, technical or otherwise in nature. WARNING: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY COMPUTERIZED SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH ATTEMPT BE MADE, FBL RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. FBL reserves the right, in its sole discretion, to cancel or suspend this Contest should virus, bugs, or other causes beyond its control corrupt the administration, security, or proper play of this Contest. FBL is not responsible for any injury or damage to any person’s computer, telephone, or related equipment resulting from or relating to participation in this Contest or downloading any material related to this Contest. Entries will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry provided he/she is eligible according to these Official Rules. In the event of a dispute, the potential winner may be required to provide proof that he or she is the authorized holder of the identified e-mail account.
(9) Publicity Release: In consideration for accepting the Prize, the Winner hereby agrees and consents, without further authorization, compensation or remuneration of any kind, to the use of the Winner’s name and/or likeness in any and all advertising, promotions and/or any other publicity, in any media or format now known or hereafter devised, throughout the world, in perpetuity, conducted by the Released Parties, except where prohibited by law.
(10) Contest Administration & Marketing: Entrants may be contacted for purposes of Contest administration using the contact information provided by the entrant (e.g., winner notification). Each entrant may also be asked, but is not obligated, to consent (or “opt-in”) to receive additional promotional emails or offers from FBL or its sponsors. Subject to entrant’s consent, entrant understands that FBL or its sponsors may use entrant’s information (including e-mail address) for marketing purposes and to provide entrant with information about the Bucks or its sponsor’s products, services and special offers and entrant expressly consents to the use of entrant’s information for such purposes. The NBA privacy policy is located at http://www.nba.com/news/privacy_policy.html. Eligibility to participate in the Contest is not dependent upon entrant’s consent to receive such emails and updates and consenting to receiving such email and updates will not impact any entrant’s chances of winning.
The Contest is a skill contest designed to increase consumer awareness of and interest in the National Basketball Association. This Contest may not be used for, or in connection with, any form of gambling.
(11) Disputes/Choice of Law: This Contest shall be exclusively governed by, construed and enforced in accordance with, the laws of the State of Wisconsin without regard to principles of conflicts of law.
Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and 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, and exclusively by state or federal courts situated in Milwaukee, WISCONSIN, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation, lost profits, may be awarded (collectively, “Special Damages”), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. Wisconsin law, without reference to choice of law rules, governs the Contest and all aspects related thereto.
(12) Winner’s List: For the Winner’s name, send a self-addressed, stamped envelope to: 2023 Wisconsin Herd Jersey Design Art Challenge presented by BMO, 549 High Avenue, Oshkosh, WI 54901. Request must be received within thirty (30) days of the conclusion of the Contest Term.
(13) Sponsor: Future Bucks LLC, 549 High Avenue, Oshkosh, WI 54901.
(14) Apple, Inc. is not a sponsor of, or responsible for conducting, any Contest. All entry data provided online is provided to FBL and not to Facebook, Instagram, or X. The Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, or X. TWITTER, TWEET, RETWEET, and the Twitter logo are trademarks of Twitter, Inc. or its affiliates. BMO is a registered service mark of Bank of Montreal, and BMO HARRIS AND BMO HARRIS BANK are registered service marks of BMO Harris Bank, N.A. Member FDIC. All rights reserved.
(15) CONTEST VOID WHERE PROHIBITED.